Equality Act 2010: Code of Practice

Baroness Ludford Excerpts

Wednesday 3rd June 2026 Lords Chamber

[Lord Collins of Highbury (Lab)]

I come back to my original response. The idea that somebody is making a judgment because of the way someone is dressed or looks is inappropriate. I think it is pretty obvious if a man goes into a women’s toilet by error or sometimes due to absolute need—which I have done, once, although I was told quite quickly, “This is not the place for you”. But common sense applies here. I have spent my life with the LGBT community and have spent my life visiting and participating in parties in clubs and bars where there is a whole range of people, whether feminine men or masculine women. We should not be making a judgment on that. It is British common sense which will apply in the application of this code. The idea that someone is told that they cannot use a toilet because they look a particular way is not very British.

[Baroness Ludford (LD)]

My Lords, the Minister referred to the British way of doing things. Does he therefore agree that although various speculative issues have been raised around enforcement, in reality a combination of self-restraint, respect for the law and social discouragement from breaking it should eliminate most issues, particularly over time, rather like with the smoking ban? It is very rare to see anyone smoking where it is illegal to do so. There is no reason to think that the enforcement of this law and the Supreme Court judgment should be any different.