Question

To ask the Minister for Women and Equalities, whether she plans to issue guidance to political parties on the potential impact of the Supreme Court judgement in For Women Scotland Ltd v The Scottish Ministers on all-women shortlists; and whether she plans to discuss this matter with the (a) Equality and Human Rights Commission, and (b) Electoral Commission.

The Supreme Court Judgment was clear that for the purposes of the Equality Act 2010, biological sex determines whether a person is a woman or not. Accordingly, in relation to the Equality Act 2010’s provisions allowing political parties to use all-women shortlists to increase the number of women standing for election, parties will need to have regard to the recent ruling. A political party wishing to use these Equality Act provisions will need to be satisfied that any such shortlists are lawful.

We regularly consult stakeholders, including the Equality and Human Rights Commission, on a range of issues, including where new guidance is proposed.