Equality Act 2010: Code of Practice

Lord Harper Excerpts

Wednesday 3rd June 2026 Lords Chamber

[Lord Collins of Highbury (Lab)]

I do not accept the premise of the noble Baroness’s question. I said in response to the noble Baroness, Lady Stedman-Scott, that the EHRC itself last month outlined that it had made a small number of changes based on feedback, consultation responses and further legal analysis on its part. We have been clear that organisations must follow the law. Our focus has always been on making sure that organisations have the guidance they need and that it is clear and practical. For example, one change made clear that associations can define their membership on the basis of more than one protected characteristic—for instance, a walking club for Muslim women or an LGBT+ support group—and continue to operate lawfully. We have not put pressure; the EHRC has explicitly said that the draft code was amended to make the law clearer for service providers and others. The EHRC has been clear that it made the decision to amend the draft code following feedback, consultation responses and legal advice. That is the position.

[Lord Harper (Con)]

My Lords, despite the Minister telling me on two previous occasions that all government departments were already compliant with the law in the services they provide, he confirmed in a Written Answer to me that:

“Where necessary, government departments are carefully reviewing the ruling’s potential implications … to ensure that their policies and guidance are legally compliant”.


The Supreme Court ruling was last April, so departments have had over a year. Can he confirm—if not at the Dispatch Box, in writing—the results of those reviews for each government department, setting out which are now fully compliant with the law and which still have work to do?

[Lord Collins of Highbury (Lab)]

Everyone must comply with the law. The Supreme Court decision is very clear, but it takes time to amend guidance and policies because, as I have said to the noble Lord before, they are not just about this single issue. Some policies particularly cover employment and, of course, the guidance now issued is about service providers. As I said in my response to the noble Baroness, Lady Stedman-Scott, the Cabinet Office has updated Civil Service model policy and departments will work to implement the changes as soon as possible. The policy documents are being updated—that is a current situation —but compliance with the law is what they are required to do. If there is any doubt, they seek legal advice.