Equality Act 2010: Code of Practice

Baroness Thornton Excerpts

Wednesday 3rd June 2026 Lords Chamber

[Baroness Thornton (Lab)]

I very much welcome the last part of my noble friend’s answer. I would like clarification on two points, because the word “sensitivity” has been used, and indeed is used in the guidance. I would like my noble friend to confirm that it is discriminatory to involuntarily out a trans person; in other words, to reveal that they are trans without their consent.

My second question to my noble friend is: what would we say to a young person who has lived as their acquired gender throughout their adult life, completed the Gender Recognition Act’s demanding process and obtained legal recognition and is now told that their certificate confers no additional right to be treated as their acquired sex when accessing services? That is not about women-only services, which absolutely are protected. Does my noble friend think this is the outcome that Parliament intended?

[Lord Collins of Highbury (Lab)]

We have to respect the judgment of the Supreme Court. It has interpreted the Equality Act, and I know that my noble friend—and I think everyone on this side of the House—is proud of the Equality Act and what it has achieved. We are absolutely determined to ensure that the rights that are given in the Equality Act that apply to trans people are properly maintained. She is absolutely right on that. But it is important that we have—my noble friend Lady Smith said it on Monday—a tradition in our country to respect people. There is a British way of doing things. The idea that someone will be challenged simply because of the way they are dressed or the way they look is not acceptable. Most of my trans friends happen to be trans men. The idea that a trans man will be challenged for going into the women’s toilet is another issue. We should be promoting common sense, dignity and respect in relation to this decision.