“For Women Scotland” Supreme Court Ruling

Caroline Nokes Excerpts

Tuesday 22nd April 2025 Commons Chamber

[The Minister for Women and Equalities (Bridget Phillipson)]

With permission, I will now make a statement to update the House on the Supreme Court judgment in the case of For Women Scotland Ltd v. The Scottish Ministers.

This ruling brings welcome clarity and confidence for women and service providers. Single-sex spaces must be protected, and this is personal to me; before I was elected to this place, I ran a women’s refuge in the north-east for women and children fleeing domestic violence. I know how important to survivors it is, and always was, to have single-sex spaces based on biology —places of safety after trauma, time in a sanctuary that allowed them therapeutic support, healing from unimaginable male violence and fear. I remember how hard countless campaigners had to fight over many decades to get any single-sex provision at all, in order to create women’s refuges and rape crisis centres. Later, I remember how hard it was to convince commissioners that young homeless women trying to heal from terrifying acts of cruelty should not be left in mixed-sex accommodation. I will continue to fight for that provision to ensure that women’s safety, women’s privacy and women’s dignity are always protected.

This Government will continue as before, working to protect single-sex spaces based on biological sex— now with the added clarity of this ruling—and we will continue our wider work with commitment and compassion to protect all those who need it, right across society. This is a Government who will support the rights of women and trans people, now and always. This is a Government who will support the rights of all people with protected characteristics, now and always. This is a Government who will support the rights of our most vulnerable, now and always. On that, there is no change to announce: dignity and respect for all, now and always.

But this is a judgment long in the making. It began in 2018 when Scottish Ministers issued guidance on the definition of a woman in the eyes of the Gender Representation on Public Boards (Scotland) Act 2018. That guidance stated that a woman in that Act bears the same meaning as a woman in the Equality Act 2010, and included trans women with a gender recognition certificate. For Women Scotland challenged that guidance, saying that sex in the Equality Act means biological sex, so that a trans woman with a gender recognition certificate is a man for the purposes of the Act. The case was appealed to the Supreme Court, and last week, the court ruled that sex in the Equality Act means biological sex. This means that a person will be considered as their biological sex for the purposes of the Equality Act, regardless of whether or not they have a gender recognition certificate.

I know that the women who brought this challenge have not always been treated with the respect they deserve. This Government believe in freedom of speech and in the fundamental right to protest, but in no way does that extend to criminal damage. There can be no excuse for defaced statues of feminist icons, no excuse for threats, and no excuse for harassment. Such acts seek to drag down the debate, away from common sense and the sensible view—held by the majority of the British public—that women need single-sex spaces, that those spaces should be protected, and that we can protect those spaces while treating trans people with respect as well. As such, the certainty that this judgment brings is welcome. Now, it is time to move forward.

There is now a need to ensure that this ruling is clear across a range of settings, from healthcare and prisons to sport and single-sex support groups. The Equality and Human Rights Commission, as Britain’s equality regulator, is working quickly to issue an updated statutory code of practice to reflect this judgment, and I look forward to reviewing that code of practice in due course.

Alongside these updates, our work to protect single-sex spaces across society continues in earnest, because for far too long, under the Conservative Government, single-sex spaces were anything but—and nowhere is that clearer than in our hospitals. Year after year, the Conservatives pledged to close mixed-sex wards; and yet year after year, their use not only persisted but grew massively. Year after year, often in their most vulnerable moments, women were denied the privacy and dignity they deserved. Time after time, Conservative Ministers, including the now Leader of the Opposition, came to this House and toured television studios telling the public that they were protecting single-sex spaces in our hospitals. The truth was very different, because as last year’s data tells us, the use of mixed-sex wards rose by more than 2,200% in 10 years under the last Tory Government. There is no better example of rhetoric divorced from reality and of a party playing politics with the safety of women, and we will never let them forget it. By contrast, this Government will protect women’s wards and NHS England will soon publish guidance on how trans patients should be accommodated in clinical settings. We will end the practice of mixed-sex wards once and for all.

It is not just in our NHS that we will act on behalf of women. In prisons, we will continue to protect women’s safety with single-sex accommodation. In women’s sport, I have always backed integrity and fairness. Biology matters for competitive sport, and sporting bodies have issued rules to reflect that. In our prisons, in our hospitals, in sport and in a whole host of other spaces, what was true before the ruling remains true after the ruling. This Government protect safe spaces for women under the Equality Act 2010.

For too many years, we have seen the heat dialled up in this debate by the Conservatives. There was no real action to protect women’s spaces, while under their watch the use of mixed-sex wards increased, an epidemic of violence against women and girls spread across the country and women’s health was neglected. This Labour Government will deliver for women through our plan for change, driving down waiting lists month after month, tackling misogyny throughout society, and once and for all delivering justice for survivors of violence against women and girls.

I know that many trans people will be worried in the wake of the Supreme Court ruling, so I want to provide reassurance here and now that trans people will continue to be protected. We will deliver a full trans-inclusive ban on conversion practices. We will work to equalise all existing strands of hate crime, and we will review adult gender identity services, so that all trans people get the high-quality care they deserve. The laws to protect trans people from discrimination and harassment will remain in place, and trans people will still be protected on the basis of gender reassignment—a protected characteristic written into Labour’s Equality Act.

This Government will offer trans people the dignity that too often they were denied by the Conservatives. Too often, trans people were a convenient punchbag and the butt of jokes made in this place by the Conservatives, culminating rather shamefully in the previous Prime Minister standing at this Dispatch Box trying to score cheap laughs from his Back Benchers at the expense of vulnerable people. By contrast, this Government are clear that trans people deserve safety, opportunity and respect.

This verdict is about clarity and coherence in the eyes of the law, but the Supreme Court judges delivered along with that verdict a vital reminder: this is not about the triumph of one group at the expense of another. It is not about winners or losers, and it is not about us or them. That is the message I want to reinforce today in this House. Everyone in our society deserves dignity and respect. Those values are not and never will be a zero-sum battle. Dignity and respect for all—those are the values that lift us up and set us free. Those are the values that define and distinguish any modern and compassionate society. Those are the values that this Government will do everything to promote and protect, now and always. I commend this statement to the House.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Leader of the Opposition.

--- Later in debate ---

[Bridget Phillipson]

I am delighted to see the right hon. Lady in her place today. Many would run from a record like hers on these matters, but not the right hon. Lady. She and the Conservative party had 14 years to provide clarity on the issues that they now claim to take an interest in. The Supreme Court has confirmed that Labour’s Equality Act 2010 is the basis for single-sex spaces and protection, but the Conservatives did not provide that clarity. Before I say a bit more about her record, I will say a little more about mine. I will come to the questions—[Interruption.] If the right hon. Lady has some patience, I will respond to her questions.

I have supported countless women and children fleeing appalling male violence, sexual violence and domestic abuse. I have campaigned for decades on women’s rights. I know more than most about the importance of spaces for women—I have fought for them, I have delivered them and I have run them. While I was running a refuge, and while Labour was delivering the groundbreaking Equality Act, which, as this ruling confirms, sets in law the basis for single-sex spaces, what was the Leader of the Opposition doing? Forever the keyboard warrior, she was busy hacking the website of the leading architect of the Equality Act, and she has learned nothing from her party’s crushing electoral defeat last year. She held the post of Minister for Women and Equalities for two years and did precisely nothing. She provided no clarity in the law and nothing to improve the lives of women, which got materially worse on her watch.

The right hon. Lady comes here claiming to speak for women, but let us look at her record and her party’s record. There has been an increase in stalking offences. Prosecutions and convictions for domestic abuse have nearly halved since 2015. The rape charge rate is at a record low. Survivors of sexual violence are waiting years for justice. There has been a 2,000% increase in the use of mixed-sex wards in only 10 years. That is the Conservatives’ record.

The right hon. Lady asks about the Equality and Human Rights Commission’s statutory code of practice. I have set out that I am expecting an updated version of that as soon as possible. I will work with the Equality and Human Rights Commission to implement the code of practice, to make sure that everyone has the clarity that they require, and I expect the EHRC to work quickly and thoroughly on this matter.

The right hon. Lady asks about gender-questioning guidance and RSHE guidance. I am afraid that too is simply laughable. Mere months before the election was called, the Conservatives published a version of the draft guidance for gender-questioning children. Since that time, we have had the final review by Dr Hilary Cass published. It is right that we ensure that the guidance aligns with Dr Cass’s final review.

On the RSHE guidance, the consultation concluded after the election. We could not be clearer that we will always protect single-sex spaces, and we Labour Members are focused on delivering for women. Whereas the Leader of the Opposition has described maternity pay as “excessive” and called the minimum wage “harmful”, we are improving protections for pregnant women at work. We are ensuring that women can take maternity leave and come back to good, secure jobs. We are expanding childcare, the first 750 new free breakfast clubs opened today, and we have brought forward the single biggest piece of child protection legislation in a generation to protect young women and girls.

It is Labour’s groundbreaking Equality Act that provides the basis for what we have set out today about single-sex spaces for biological women. This Labour Government have a plan for change; a plan that will deliver for women. It is time for the Conservative party to get offline and get on board.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Chair of the Women and Equalities Committee.

[Sarah Owen (Luton North) (Lab)]

Far from this ruling providing clarity, trans, intersex and non-binary people are instead anxious and unsure about where this ruling leaves them, legally and practically, as they go about their lives. Does the Minister recognise that this ruling was made without a single contribution from trans people? Will she ensure that trans, intersex and non-binary people are involved in any upcoming new guidance, and if so, how?

[Bridget Phillipson]

I believe that this ruling provides much-needed clarity. I do recognise the Chair of the Select Committee’s concern about ensuring that all people are treated with dignity and respect, including trans people. My expectation is that the EHRC, in the development of the code of practice and the guidance, will engage with a range of stakeholders with different views, and will then set out that work in full.

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

[Christine Jardine (Edinburgh West) (LD)]

I thank the Secretary of State for advance sight of her statement. Of course, I respect the independence of the Supreme Court and the ruling it has made, interpreting the law as it stands, just as I respect the concerns of many women, and the now increased fears of the LGBT community. I also respect what the Minister had to say about her experience of working in a refuge, and I agree that there is no length to which we should not go to ensure protection for women who are in the situation that she describes. However, given what she said, I am sure that she will agree with me that that should not come at the cost of the human rights and the security of another vulnerable group in society, which is what this ruling threatens to bring about. Could she explain where transgender people fleeing violence can now go for refuge, if they are to be completely excluded from refuges?

For years, we have had this intolerable debate, in which two vulnerable groups have been pitted against each other. Those two groups are afraid of the same thing—violence, mostly from men. The challenge for this Labour Government is to live up to the spirit of perhaps one of the proudest achievements of a previous Labour Government—the Equality Act—and protect everyone. If this Government are not able to do that, does the Minister think it would be acceptable to see trans women forced into men’s toilets, to face goodness knows what sort of aggression, and potentially violence, there? Will she confirm what she says about protecting trans rights? We need some leadership from this Government. I have written to the Minister and asked her if we will see legislation that gives that protection, because we must remember that what we are dealing with here is not hypothetical. It is about real lives, real fears and real concerns among the LGBT community. Equality and human rights should never be the preserve of one—

[Madam Deputy Speaker]

Order.

[Bridget Phillipson]

I am grateful to the hon. Lady. As she says, she has written to me on this topic, and I or a member of the ministerial team would be happy to meet her to discuss this further.

Where we can agree is that dignity and respect should be for all in our country—for women and for trans people—and trans people should not face discrimination or harassment on the basis of who they are. However, I believe that ensuring a society that treats everyone with dignity and respect is entirely compatible with ensuring that single-sex spaces can continue to exist for biological women who require safety and dignity, particularly following periods of terrible abuse. It is important that services are available for trans people in addition, and it is often the case that those services are much better provided by those with the specialist knowledge and expertise to deliver them.

I agree that this should not be seen as a conflict. The ruling from the Supreme Court, while being clear about the importance of biological sex, was at pains to stress that trans people do retain clear protections in law, and should be able to live their life free of harassment and discrimination.