Equality Act 2010: Supreme Court Judgment

Debate between Baroness Smith of Malvern and Baroness Goldie

Thursday 27th November 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

No, I do not recognise that because it is not true. Any suggestion that the Government are delaying the code is both totally inaccurate and unhelpful. This is a long and complex document, and we are carefully considering it. Frankly, it would be catastrophic for single-sex services, which have always been supported by this Government and this party, to implement guidance that was not legally sound, which would then place them in legal jeopardy again. That is why it is vital that we get this right. We have always been clear that the proper process needs to be followed, which includes understanding the potential impact on businesses, public functions and services. Understanding impacts is a routine and regular aspect of decision-making; it is not a delaying tactic.

[Baroness Goldie (Con)]

For the avoidance of doubt, will the Minister confirm that the law is as determined by the Supreme Court judgment? Any code of practice is guidance.

[Baroness Smith of Malvern (Lab)]

Yes, I am very happy to confirm that, as has been the Prime Minister. To be clear, the Supreme Court ruling in relation to the For Women Scotland case is clear; both inside and outside government, we expect it to be followed and, where necessary, people to seek specialist legal advice to enable them to do that.