For Women Scotland v The Scottish Ministers: Interim Update
Debate between Baroness Smith of Malvern and Baroness Ludford(4 days, 5 hours ago)
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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.
Baroness Ludford (LD)
My Lords, the EHRC has come under the most extraordinary and ill-informed abuse, as has its chair, personally. What more do the Government believe they can do to ensure that the independence and functions of the EHRC are properly understood?
Baroness Smith of Malvern (Lab)
I hope that I have demonstrated today that the Government does properly understand them. As I said last week, it is important that this whole debate is carried out in a spirit of understanding the complexities of the application of some of these provisions and recognition that all groups need to be able to access services, but with welcome clarity on the areas covered by the Supreme Court judgment.
“For Women Scotland” Supreme Court Ruling
Debate between Baroness Smith of Malvern and Baroness Ludford(1 week, 4 days ago)
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Baroness Smith of Malvern (Lab)
It is clear in the Supreme Court’s judgment that, for the purposes of the Equality Act, where single-sex spaces are being provided, they will be provided on the basis of biological sex. That does not, of course, prevent the provision of inclusive services where there is clarity that those services are being provided on that basis.
Baroness Ludford (LD)
My Lords, I am glad that all the main party leaders have accepted the Supreme Court judgment, including my own leader on behalf of the Liberal Democrats. I think it would be better if all leaders could express a welcome for the judgment itself, not just for the clarity it brings. I have two questions. How will the Government ensure not only that those single-sex facilities provided are kept single sex but also that service providers do not sidestep the provision of single-sex facilities by defaulting all the time to unisex provision? Secondly, do the Government agree that lessons need to be learned across the political spectrum about the need to safeguard all protected characteristics? If that of women—the majority of the population—can have been eroded in this way, what about all the other protected characteristics, including gender reassignment and sexual orientation, of course? How will all those be safeguarded?
Baroness Smith of Malvern (Lab)
On the noble Baroness’s final point, as I outlined at the beginning, protecting the most vulnerable people and protecting people on the basis of their protected characteristics remain an important element of the Equality Act and an important element of this Government’s programme and ambitions.
On how the clarity that this ruling brings will be communicated to and represented by providers, this is where the work of the Equality and Human Rights Commission—in particular, the updated statutory code of practice—will be enormously important. It will spell out the practical implications to ensure that the meaning and clarity of this judgment are delivered in practice, particularly, as the noble Baroness outlined, in relation to single-sex spaces and their protection. This does provide more clarity now on the provision of those single-sex spaces.
Universities: Free Speech
Debate between Baroness Smith of Malvern and Baroness Ludford(1 month ago)
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Baroness Ludford
To ask His Majesty’s Government what advice they are giving to universities following the fine imposed by the Office for Students on Sussex University for breach of free speech obligations.
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, the regulatory case report to which the noble Baroness referred underlines the importance of good governance and academic freedom in higher education. The Office for Students will shortly be writing to relevant providers on this important issue and offering support and advice. It will be publishing updated guidance for the higher education sector to support it to understand how to comply with its duties in relation to freedom of speech and academic freedom.
Baroness Ludford (LD)
I thank the Minister for that Answer. I welcome the robust backing that the Education Secretary, Bridget Phillipson, has given to the Office for Students’ insistence, via a hefty fine, on respect for free speech at Sussex University—including for academics such as Kathleen Stock, whose expression of a revolutionary belief about the reality of biological sex got them hounded and abused. I note, though, that Sussex University is indicating defiance of the OfS ruling. Will Education Ministers, not just the OfS, ensure that universities are persuaded not only of their intellectual duty to respect free debate but of their obligation not to waste taxpayers’ money, especially when they are complaining about a shortage of funds?
Baroness Smith of Malvern (Lab)
The noble Baroness is right that we have robustly defended academic freedom. We believe that universities are places where academics need to be able to express and research contested ideas, where individuals need to be able to express lawful speech, and where that freedom of speech needs to be respected. We will continue to ensure that that is the case. Universities are autonomous organisations, but I am sure that they will have heard the point made by the noble Baroness about spending their money.
Sex and Gender: Official Data
Debate between Baroness Smith of Malvern and Baroness Ludford(6 months ago)
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Baroness Smith of Malvern (Lab)
The noble Lord identifies why it is important that we have clarity about the measures being used in order to ensure that services are appropriate to people. That is the objective of the work plan that will be set out in December, which will have engagement around it, so that we can be clear about the measures and the definitions not just in the census but for the broad range of public authorities, including in the criminal justice system, that need to use them as well.
Baroness Ludford (LD)
The previous Government commissioned an independent review, led by Professor Alice Sullivan of University College London, a statistics expert, to look at problems exemplified by the census fiasco and set out good practice on how to collect data. This review by Professor Sullivan was due to report back in August. Will the Government publish the Sullivan review and their response?
Baroness Smith of Malvern (Lab)
The first part of the review has been received by the Government, who are currently considering it. I undertake to come back to this House with a response to that.