For Women Scotland v The Scottish Ministers: Interim Update

Baroness Levitt Excerpts

Thursday 1st May 2025 Lords Chamber

Asked by

[Baroness Levitt]

To ask His Majesty’s Government what assessment they have made of the Interim Update on the practical implications of the UK Supreme Court judgment in For Women Scotland v The Scottish Ministers, issued by the Equality and Human Rights Commission (EHRC) on 25 April; and whether the EHRC consulted the Government before issuing that Interim Update.

[The Minister of State, Office for Equality and Opportunity (Baroness Smith of Malvern) (Lab)]

My Lords, the Government did not receive advance sight or notice of this interim update from the EHRC. The Government had requested a meeting with the chair to discuss its approach to developing an updated statutory code of practice, which will reflect the implications of the ruling and support service providers. This meeting will take place soon. The EHRC will consult relevant parties on its revised code, and we expect it to do so widely and broadly, listening to diverse voices. We will then consider the EHRC’s updated draft code once it has submitted it.

[Baroness Levitt (Lab)]

My Lords, I thank the Minister for her Answer. I speak today primarily as a lawyer but also as the parent of a trans child, in the belief that these matters should and can be discussed in a non-partisan way, with respect and care for the rights of all involved. Does my noble friend agree that it would be wise of the EHRC to consult the Attorney-General about its intended revised legal guidance, given that the update issued last Friday evening contained legal inaccuracies that have caused consternation to real people living real lives?

[Baroness Smith of Malvern (Lab)]

The approach that my noble friend set out is precisely the one I outlined last week in responding to the statement. The Government have set out our expectation that service providers follow the clarity that the ruling provides. The EHRC’s interim update provides a perspective on how the judgment and Equality Act are practically applied in some areas; it is a snapshot reflection, rather than full guidance. The EHRC has announced that it will update its code of practice and has committed to seeking views from affected stakeholders; I am sure that it will consult widely on this. I add that the application of the Supreme Court ruling to different services and settings is complex. It requires careful work to ensure that we provide clarity for a wide range of varied service providers of different kinds and sizes so that they have confidence in how they apply the Equality Act on a day-to-day basis.