Equality Act 2010: Supreme Court Judgment

Debate between Baroness Stedman-Scott and Baroness Smith of Malvern

Thursday 27th November 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

I thank my noble friend not only for that question but for her history of work in the area she outlined. As I suggested earlier, there is no benefit to anybody, particularly those who most need the clarity that application of the code can bring—for example, to lawfully provide single-sex spaces for women—to sidetrack the correct and careful process the Government are following. The Government are following the process for laying the code in Parliament set out in the Equality Act 2006. The Minister for Women and Equalities is considering the EHRC’s updated draft code, as I have already outlined, and if the decision is taken to approve it, she will lay it before both Houses over a 40-day period, as per the process set out in Section 14 of the Equality Act 2006.

[Baroness Stedman-Scott (Con)]

My Lords, on 5 November the Minister was asked this by the noble Lord, Lord Pannick:

“Does the Minister agree that, today, it is the obligation of all persons, whether private or public, to comply with the judgment of the Supreme Court, whether they agree with it or not, and without waiting for guidance?”.—[Official Report, 5/11/25; col. 1926.]


She helpfully responded by saying, “I do agree”, so the Government have said they support the Supreme Court’s ruling, yet the EHRC’s updated guidance reflecting that ruling has sat with Ministers for almost three months. Can I push the Minister a little more to say when it will be published? Every week of delay fuels confusion over a legally settled issue and leaves service providers without the clarity they need. Will it be one month, three months, six months; or, even better, will it be very soon?

[Baroness Smith of Malvern (Lab)]

It will be at the point at which we have fulfilled the process that I have outlined to the House today. It will be at the point at which we can all be confident that what we provide in clarifying the application of the law will support providers in delivering for all those with protected characteristics, which is of course the role of the code. But the noble Baroness is right: I was clear in response to the noble Lord, Lord Pannick, about the clarity of the law and the requirement for all to be following it at this point. That is the position taken by the Prime Minister in the last week, and that is what everybody should be doing.

Children’s Wellbeing and Schools Bill

Debate between Baroness Stedman-Scott and Baroness Smith of Malvern

Tuesday 20th May 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

It may be that in part of my response I pre-empted the point that the noble Baroness is making in Amendment 17, but I did recognise the point about Amendment 19, which I think the noble Baroness made, about the process in place to discharge that particular child protection plan. On that, I outlined that we are confident that the current system and the strengthened focus on multiagency child protection are robust and that there is sufficient accountability around discharging child protection plans. If I have not sufficiently reassured the noble Baroness about that, I am willing to write to clarify the points I was trying to make on that amendment.

[Baroness Stedman-Scott (Con)]

I thank the Minister for her reply, which was very encouraging, as especially was the spirit in which the debate happened. Things seem to have calmed somewhat.

I did not quite get what I wanted, so I will reserve the right to think about it for Report, but I hope we can keep the dialogue going. For now, I beg leave to withdraw my amendment.

Equality Act 2010: Diversity of Political Candidates

Debate between Baroness Stedman-Scott and Baroness Smith of Malvern

Wednesday 5th March 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

My noble friend the Leader assures me that the Front Bench on this side is pretty good. I am afraid it is not within my power, but I see in the other place that considerable progress has been made since 1997, when I was elected, which was equally a big jump in women’s representation. Then, however, it was just over 18% women—it now stands at 40%, which is the sort of progress that we would all like to see.

[Baroness Stedman-Scott (Con)]

Does the Minister agree that the Conservative Party has led the way on diversity when it comes to our party leaders? I know we have had a few. We have had our first Asian leader, when Labour has had none, and our first black leader, when Labour has had none—all, I add, chosen on merit.

[Baroness Smith of Malvern (Lab)]

The noble Baroness is right that there has been an enormous diversity of leaders of the Conservative Party—some of it good, some of it less good. Given the noble Baroness’s understandable wish to talk about the diversity of leaders, I find it slightly more difficult to understand why the party opposite, during its 14 years in government, was not as keen to enable that, through Section 106 of the Equality Act, to be something that all political parties should do and why it is not willing therefore to say more about its candidates and their diversity. What we know is that, when it comes to real progress in broader representation, the fact that there are now more Labour women in the House of Commons than Conservative MPs in total tells us something about which party has made the most progress on gender.

State-funded Schools: Special Educational Needs

Debate between Baroness Stedman-Scott and Baroness Smith of Malvern

Wednesday 11th December 2024 Lords Chamber

[Baroness Smith of Malvern (Lab)]

The noble Lord is absolutely right about the need to identify early. We have measures in place to help teachers with early identification and support, particularly for the teaching of reading, including the phonics screening check and statutory assessments in key stages 1 and 2, the English hubs programme, the reading framework, an updated list of high-quality phonics programmes for schools, training for up to 7,000 early years special educational needs co-ordinators, and the Partnerships for Inclusion of Neurodiversity in Schools programme which upskills primary schools to support neurodiverse children.

[Baroness Stedman-Scott (Con)]

My Lords, I am the great-aunt of Ollie, who is my great-nephew. He went to Liberty, a brilliant state school in Merton that I cannot speak highly enough of. It had no trouble identifying that he had a problem; the problem was the length of time waiting for the assessment. In the end, I coughed up and paid for it, and he is now in a state school with a Treetops special unit and he is cooking—he is thriving. This year, I received the first birthday card from him that I could read every word of. How many children are waiting for assessments? What is the reason for the long waits, and what are we going to do about it?

[Baroness Smith of Malvern (Lab)]

Ollie is very lucky to have the noble Baroness as his great-aunt. But she raises an important point about the speed with which it is possible to carry out assessments. It is for that reason that we are supporting local authority educational psychology services by investing over £20 million to train 400 more educational psychologists, because they play a particularly important role in supporting those services and contributing to statutory assessments. As the noble Baroness said, we must ensure that more children are able to succeed in our mainstream schools, as I am sure Ollie will.

Freedom of Speech in Universities

Debate between Baroness Stedman-Scott and Baroness Smith of Malvern

Thursday 10th October 2024 Lords Chamber

[Baroness Smith of Malvern (Lab)]

No, I do not, which is why I did not use that expression.

[Baroness Stedman-Scott (Con)]

My Lords, does the Minister agree that an elected politician was cancelled from speaking at one of our leading universities— supposedly a beacon of free speech? Will she commit to implementing the Higher Education (Freedom of Speech) Act as soon as possible?

[Baroness Smith of Malvern (Lab)]

As the noble Lord, Lord Wallace, made clear, there might be different views about the causes of the particular event to which the noble Baroness refers. For that reason, I shall not comment on the details of that case. I would say that as a student I have been a protestor and as a politician I have been on the receiving end of protests. This Monday at the University of Manchester, where I was speaking, I was interrupted by a protest, which was obviously not ideal. A careful balance needs to be made between the right to protest and the right of freedom of speech, and I think that these things are probably better dealt with in a calm and considered way than in headlines on the front of newspapers.