For Women Scotland v The Scottish Ministers: Interim Update

Baroness Burt of Solihull Excerpts

Thursday 1st May 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

The Supreme Court did look at the issues dispassionately, but the point is that there is now the requirement to consider the implications of the judgment and to do so in a way that provides assurance to service providers and others. That is the role of the code of practice and the EHRC, in the way that I have just outlined. I agree with the noble Lord—let us be clear that the Supreme Court was clear about this as well—that this not about winners and losers; it is about ensuring that there is both clarity in the law and broad respect for the rights of all people in this country. As the Supreme Court made clear, there is nothing in the ruling that undermines the protections for trans people put into Labour’s Equality Act in 2010.

[Baroness Burt of Solihull (LD)]

My Lords, I accept the Supreme Court’s judgment, but the need for the interim statement illustrates to me the extent of the anxiety, confusion and disruption surrounding how the ruling will be interpreted. While the guidance is only interim, it shows that there are still a lot of unanswered questions about how this will work in practice. Will the Government please take a lead, calm the situation and begin to work cross-party to find a way forward that allows everyone to feel safe and protected by the Equality Act?

[Baroness Smith of Malvern (Lab)]

I hope that in the Government’s response we have been calm; we have been clear but calm. We are committed to ensuring that all groups feel supported by the actions we take as a Government. The responsibility for laying down the code of practice rests with the EHRC. I am sure that it will have heard the noble Baroness’s call and, as we have already heard, it is committed to making sure that that code is developed on the basis of wide consultation.