European Convention on Human Rights: Protocol 12

Baroness Burt of Solihull Excerpts

Monday 2nd June 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I say to my noble friend that I think the Supreme Court judgment made the situation clearer, not less clear. The nine protected characteristics within the Equality Act are all important in themselves. It is within the Equality Act that gender reassignment is recognised. People who are trans and who have gender recognition certificates have protected characteristics, and it is for the courts to work out in due course how those will manifest themselves.

[Baroness Burt of Solihull (LD)]

My Lords, we live in increasingly uncertain and divided times in so many parts of the world. Here in the UK, many people worry that populism, division and discrimination are on the rise. Signing up to Protocol 12 would make a big difference to all who fear discrimination and a reduction of our rights. Why, if the Government believe we are all equal—and I believe that they do—would the Minister not give to all our citizens the reassurance they need by signing up to Protocol 12?

[Lord Ponsonby of Shulbrede (Lab)]

The noble Baroness will have heard the Answer I gave to the noble Lord, Lord Cashman. I agree that we are living in divided times. The position of the Government is that we do not think signing up to Protocol 12 would change that. We think that existing laws, including the Equality Act and the Supreme Court judgment, are adequate. However, as I have said to both my noble friends who asked the previous questions, we will continue to keep this under review, because I agree with the noble Baroness’s opening point that we are living in divided times and need to be sensitive to that.