Equality Act 2010: Meaning of “Sex”

Baroness Falkner of Margravine Excerpts

Wednesday 15th October 2025 Lords Chamber

[Lord Collins of Highbury (Lab)]

My noble friend is absolutely right. Of course, we recognise that the application of the Supreme Court ruling is, in some settings, complex, which is why it is important that this code is given full and proper consideration. That is why the independent EHRC code of practice is so important, and we will do that. I will allow the noble Baroness to intervene at this late stage.

[Baroness Falkner of Margravine (CB)]

My Lords, I have enormous respect for the Minister, who has given very fulsome answers today. He referred to me. Therefore, I would just like to clarify for the House, because I know the Minister would not wish to mislead the House, that the time period needed for the code to be laid in Parliament is not 40 sitting days: it is 40 calendar days under Section 15 of the Equality Act. The further point that I want to clarify is that we were asked to provide the equality impact assessment last Friday. We provided it to the Government on Monday. We are here to serve the Government with any information that they need at pace.

[Lord Collins of Highbury (Lab)]

As the noble Baroness knows, I have huge respect for her and the responsibility she has. It is a very serious responsibility. From her letter to the Secretary of State today and the debate we have had this afternoon, it is clear that we have to consider this matter seriously and take into account all possible risks and issues to ensure that we have a legally proofed code that is understood by everyone in respect of their responsibilities under the Equality Act. In respect of the 40 days, I must admit that my briefing does say 40 sitting days—but I am prepared to be corrected and I thank the noble Baroness.