Equality and Human Rights Commission: Draft Updated Code of Practice

Lord Keen of Elie Excerpts

Wednesday 5th November 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

The Government will follow the process set out in the Equality Act 2006 for laying the code. As per the process set out in Section 14 of that Act, the Minister for Women and Equalities, after considering the updated draft code, and if the decision is taken to approve it, will lay it before both Houses over a 40-day period.

[Lord Keen of Elie (Con)]

My Lords, at the beginning of the year, the Equality and Human Rights Commission sent the Secretary of State its revised guidance. In April, after the Supreme Court had confirmed that the reference to “women” in the Equality Act was a reference to biological sex, the commission sent a few further adjustments to the Secretary of State. The Government have to make a simple binary choice: either to accept the commission’s recommendations, or to reject them. Can the Minister explain why more than six months have passed before even an impact assessment has been considered in this context?

[Baroness Smith of Malvern (Lab)]

I think the noble and learned Lord knows that the full draft updated code was received by the Government from the EHRC on 4 September. Officials started work immediately after that. Having made clear to the EHRC that information about the impacts on businesses and public functions would be important, both in the previous iteration of the code and the one delivered on 4 September, the formal ask for that was made on 9 October.

I have already outlined in my previous answer why it is important and necessary for the conditions around impact assessments laid by, and presumably followed by, the previous Government to be carried out appropriately. Given the significance of this code, it is right that the Government take the time to get it right, rather than satisfy those who are calling for it to be laid in an untimely fashion.