Equality Act 2010: Meaning of “Sex”

Baroness Ludford Excerpts

Wednesday 15th October 2025 Lords Chamber

Asked by

[Baroness Ludford]

To ask His Majesty’s Government when they expect to lay before Parliament the Equality and Human Rights Commission’s code of practice for implementing the Supreme Court judgment on the meaning of “sex” in the Equality Act 2010.

[Lord in Waiting/Government Whip (Lord Collins of Highbury) (Lab)]

My Lords, the Government are considering the draft updated code and, if the decision is taken to approve it, the Minister will lay it before Parliament. Parliament will then have 40 sitting days to consider the code when it is laid. It is important that the correct process for laying the code is followed.

[Baroness Ludford (LD)]

I thank the Minister for that Answer, but the Equality and Human Rights Commission has today had to write to the Minister for Women and Equalities, reminding her that it is six months since the Supreme Court judgment, which confirmed that “sex” in the Equality Act means biological sex, and six weeks since the commission submitted its draft of the new code of practice for implementation of a judgment that the Home Secretary reportedly regards as “beyond reproach”.

Does the Minister think it is satisfactory that the pitfalls of delay in producing the statutory guidance include that service providers continue to rely on the existing 2011 code, which is now partly illegal and must be quickly revoked and replaced, and that many organisations continue to drag their feet, wrongly claiming that they need to wait for the code, and risk breaking the law in their treatment of women and same-sex attracted people?

[Lord Collins of Highbury (Lab)]

The code is absolutely important. That is why it needs to be dealt with properly and appropriately. The draft code, which is over 300 pages long, was submitted on 4 September and it is really important that the Government consider this across Whitehall. We also have a duty, as specified in the Equality Act, to consult the devolved Administrations, too. So the timescale the noble Baroness is talking about is not a delayed process. It is absolutely important that we ensure that the Supreme Court ruling is properly applied in the draft code of conduct, and we will ensure that it is done properly.