Equality Act 2010: Code of Practice

Tom Gordon Excerpts

Monday 1st June 2026 Commons Chamber

[Seema Malhotra]

I know that my hon. Friend would not expect me to comment on individual cases. It is important to note that there is guidance in the draft code, with worked examples, and if an organisation is unsure, it will be important for it to be able to consult that guidance and to take legal advice, should it so wish, but there is also experience and common sense involved in this, as well as the application of the draft code with its examples that I think will provide answers to all organisations as to how they should proceed with the services they provide.

[Tom Gordon (Harrogate and Knaresborough) (LD)]

I am really appalled, frankly, with the response from the official Opposition. Just a few Prime Ministers ago, Theresa May said:

“Indeed when it comes to rights and protections for trans people, there is still a long way to go.”

Well, how far the Tory party has fallen from those words. As a member of the Joint Committee on Human Rights, I attended the evidence session when we interviewed the new chair of the EHRC, and for the Minister to say that that was an independent process when the Government rammed it through despite cross-party consensus that the new chair was not fit for the role is, quite frankly, surprising. I also want to pick up on the fact that the Minister said that we should “treat these issues sensitively”. Today is the start of Pride Month. To do this today, of all days, is not just a kick in the teeth but a slap in the face for LGBT people across this country. I want to know what the Minister would say to my constituents who have told me how they have been challenged in toilets because they live their lives as trans people already, before this guidance was put forward. Why does she think this will make it any better? What basis does she have for that suggestion?

[Seema Malhotra]

The hon. Member will be aware that people have operated in society with respect for each other in relation to single-sex spaces for a long time, and that will continue to be the case. It is important to note that access to a toilet should be very clear, and to recognise the Supreme Court ruling in relation to toilets: toilets that are designated as male or female should be for those of that biological sex. However, facilities can be provided in other ways, and a large number of organisations across the country already do so, whether by providing unisex toilets or individual lockable toilets. That means that those facilities are accessible by anybody.