Equality and Human Rights Commission: Code of Practice
Baroness Hunt of Bethnal Green Excerpts(1 week, 1 day ago)
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Baroness Smith of Malvern (Lab)
My Lords, that is an important principle in terms of the interpretation of law and the sometimes difficult ways in which law is applied. The For Women Scotland judgment on the definition of “sex” within the Equality Act was clear, but it is important that it is applied in a way that both has legal clarity and respects the rights and dignity of all those involved.
Baroness Hunt of Bethnal Green (CB)
My Lords, on a number of occasions in this House the Government have outlined how they are carefully considering the draft code and following proper process. Can the Minister clarify how the Government understand the balance between the independence of the EHRC and the Minister’s statutory role in approving a code and laying it before Parliament? I think that there is some confusion.
Baroness Smith of Malvern (Lab)
It is for the independent commission to consult on and put forward the code to the Minister, as it has done. The full code, following the most recent judgment, was received on 3 September by the department. It is important that it is then properly reviewed. As I have outlined previously, various elements must take place; for example, consultation with the devolved Administrations. Then it is the Minister’s responsibility, if satisfied with that code, to lay it before the House under the process set out in the Equality Act.
Equality and Human Rights Commission: Draft Updated Code of Practice
Baroness Hunt of Bethnal Green Excerpts(2 months, 3 weeks ago)
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Baroness Smith of Malvern (Lab)
The EHRC continues to do important work, but I take the point that the right reverend Prelate makes. The new chair of the EHRC, who will start in her role at the end of this month, has an important opportunity to build on that work and to ensure, as I know she will, that she builds trust among a wide range of stakeholders and supports the Government—and, in fact, all of us—in ensuring that the provisions of the Equality Act, in the breadth of their application, are implemented as effectively as possible, because we all benefit from that.
Baroness Hunt of Bethnal Green (CB)
My Lords, given that equality law operates across the United Kingdom, with devolved dimensions, can the Minister confirm whether the Governments of Scotland, Wales and Northern Ireland will have full access to His Majesty’s Government’s analysis of the draft code, so that their own Administrations can make informed and, crucially, consistent policy choices?
Baroness Smith of Malvern (Lab)
I can confirm that we are required to consult the devolved Governments on elements of the code, and that that work is ongoing. We will ensure that the proper process has been followed in relation to the devolved Governments, as the noble Baroness suggests.