For Women Scotland v The Scottish Ministers: Interim Update

Baroness Thornton Excerpts

Thursday 1st May 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

In terms of the clarity of the judgment, as we discussed last week in response to the statement, work is already going on across the health service and other parts of government service. But, as with other judgments, the important clarity around some of the complexities in the application of this judgment will be provided through the statutory code that the EHRC is producing. I look forward to that.

[Baroness Thornton (Lab)]

My Lords, notwithstanding what the chair of the EHRC has just said to the House, it is quite clear from businesses, the hospitality industry and, today, the Football Association, that its interim guidance has created huge confusion, so I would like my noble friend the Minister to confirm for the House that the EHRC interim update is just an update: it is not legally binding. Can that please be made clear by the EHRC?

[Baroness Smith of Malvern (Lab)]

I think I have been clear to this House, both today and last week, that the statutory code of practice that the EHRC is responsible for producing will be the legal basis on which there will be interpretation of the judgment. I welcome the noble Baroness the chair of the EHRC’s commitment to ensuring that there will be wide consultation on that.

Children’s Wellbeing and Schools Bill

Baroness Thornton Excerpts

Thursday 1st May 2025 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, do not worry about cross-party co-operation between the noble Lord, Lord Russell, and me. We hope to influence the Bill in some ways. I am delighted to welcome this early Bill and the priority that my Government have given to this issue. I also congratulate the noble Lords who made today’s maiden speeches. I want to raise two matters. One is about what is not in the Bill and one is about what is.

I agree with Coram’s brief that babies, infants and early years are missing from the Bill. I know it is not because there is not work being done on early years, but the Bill contains “Children’s Wellbeing” in its title so surely we need to address baby, infant and early years well-being. I declare an interest as a trustee of the charity Roots of Empathy UK, whose programmes are about reducing aggression, increasing sharing, caring and inclusion, and promoting resilience, well-being and positive mental health. Its work would be an appropriate matter for discussion during the passage of this Bill.

While I applaud free breakfasts to start the day, ensuring the school readiness of our youngest must include more—for example, speech and language development, particularly for those who need it. One in five children is faced with these challenges, and recent research says that children with speech and language challenges are being unfairly punished in our schools. The excellent work of organisations such as Speech and Language UK has informed the policy in this area for successive Governments, including my own, and during the passage of the Bill it would be good to explore the vital nature of this work and its importance to children’s well-being.

Now turning to what is in the Bill, I welcome the commitment to improve the children’s social care placement market and tackle the profiteering going on there, which the party opposite has allowed to happen for the past 14 years. Measures include establishing a financial oversight regime to increase transparency for care providers and their corporate owners. I welcome measures to enable the Secretary of State for Education to implement a cap on the profits of non-local authority providers of children’s social care, but I am concerned about the words,

“if other market intervention measures do not have the desired effect”.

We already know that the market does not work, so why would we wait?

I support the creation of regional care co-operatives, which may transform the commissioning landscape, but I hope it also means that social economy and charity solutions will be considered. I commend to my noble friend the Minister the Juno project in Liverpool, the Lighthouse Pedagogy Trust and Social AdVentures in Manchester in rethinking residential children’s services.

I have three final matters. I support improvements to the Bill to protect children from corporal punishment within the family. I have worked on that with other noble Lords across the House for the 27 years I have been here.

I agree with the noble Baroness, Lady Burt, on new faith schools, which should be subject to the 50% cap on faith-based selective admissions that currently applies only to faith academies. With the noble Baroness, I will also be asking why we have a daily act of worship.

The last matter is one that I know I will not be alone in raising: the Who is Losing Learning? Coalition found that, for every child formerly permanently excluded, 10 more are moved through informal and unregulated means. That amounts to more than 30,000 children, a conservative estimate, being shifted around the system with little or no oversight. Alarmingly, that lack of accountability means that in many cases no one, including the Department for Education, can say with certainty where these children are.

There are many challenges, and I look forward to working with my noble friend the Minister and other colleagues across the House.

“For Women Scotland” Supreme Court Ruling

Baroness Thornton Excerpts

Thursday 24th April 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

I am sure that the Civil Service, we as lawmakers and all public bodies will look carefully at this ruling and the statutory code of practice that will be brought forward by the Equality and Human Rights Commission. I add that, the last time I was asked, I referred to a woman as an adult female from this Dispatch Box—that was before the ruling.

[Baroness Thornton (Lab)]

My Lords, if noble Lords read the whole document, they will see that the judge recognised the sensitivity of his judgment. My noble friend the Minister has also recognised the need for compassion, respect and dignity, so I ask her whether the Government can ensure that the EHRC, in producing guidance, will give the trans communities their right to be consulted in the creation of the new guidance and information shared with the public. Can the Government ensure that the EHRC will look at this very carefully before it is announced?

[Baroness Smith of Malvern (Lab)]

One of the important things about the EHRC’s production of the statutory code of practice, and other forms of guidance, is that it consults as widely as possible, as my noble friend outlined. That is one of the ways that everybody will be able to be confident about their rights and the rights for trans people that remain in the law now.