Equality and Human Rights Commission: Code of Practice

Baroness Hunt of Bethnal Green Excerpts

Monday 19th January 2026 Lords Chamber

[Baroness Smith of Malvern (Lab)]

My Lords, that is an important principle in terms of the interpretation of law and the sometimes difficult ways in which law is applied. The For Women Scotland judgment on the definition of “sex” within the Equality Act was clear, but it is important that it is applied in a way that both has legal clarity and respects the rights and dignity of all those involved.

[Baroness Hunt of Bethnal Green (CB)]

My Lords, on a number of occasions in this House the Government have outlined how they are carefully considering the draft code and following proper process. Can the Minister clarify how the Government understand the balance between the independence of the EHRC and the Minister’s statutory role in approving a code and laying it before Parliament? I think that there is some confusion.

[Baroness Smith of Malvern (Lab)]

It is for the independent commission to consult on and put forward the code to the Minister, as it has done. The full code, following the most recent judgment, was received on 3 September by the department. It is important that it is then properly reviewed. As I have outlined previously, various elements must take place; for example, consultation with the devolved Administrations. Then it is the Minister’s responsibility, if satisfied with that code, to lay it before the House under the process set out in the Equality Act.