Equality Act 2010: Meaning of “Sex”

Viscount Hailsham Excerpts

Wednesday 15th October 2025 Lords Chamber

[Lord Collins of Highbury (Lab)]

My noble friend is right. As the chair of the Equality and Human Rights Commission, who is in her place, acknowledges in her letter, it is important that the Secretary of State can take a fully informed decision. That is also why, although the letter was received today, officials have approached the Equality and Human Rights Commission, requesting additional material that needs to be reviewed as part of giving a thorough consideration of the code. It was acknowledged in today’s letter that the request for additional information is necessary. Obviously, we have not received this information from the EHRC.

[Viscount Hailsham (Con)]

Does the Minister agree that it is highly desirable that the guidance, or codes of practice, when published, should be as sensitive as possible about the needs and interests of those individuals who have by long usage or certification acquired a gender different from that of their birth gender?

[Lord Collins of Highbury (Lab)]

As the noble Viscount acknowledges, we have a duty under the Equality Act to ensure equality of treatment, including for trans people and others. It is important that that is understood. The Equality Act remains in place and providers should continue to follow the law. Practically, this means that providers should consider the needs of all their service users when designing and delivering services. If they are uncertain as to how to apply the Equality Act to their specific services, they should obtain legal advice.