For Women Scotland Ltd v Scottish Ministers
Debate between Baroness Smith of Malvern and Lord Scriven(1 week, 2 days ago)
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Baroness Smith of Malvern (Lab)
The noble Lord will know that the particular issue he identifies was the subject of the ruling in the For Women Scotland judgment. That was an interpretation of the law as it had always stood; it is clear, and the code is now enabling providers to deliver on the basis of that. But it is also the case, of course, and in that ruling it was made clear, that the safeguards for people in the Equality Act on the basis of gender reassignment remain, and discrimination and harassment against people on that basis remain unlawful. The code makes that clear, in fact, and is helpful in delivering it.
Lord Scriven (LD)
My Lords, given that the Government’s own impact assessment on the guidance notes the real-world problems that will still impact some women and trans individuals, by what measures will the Government be evaluating the impact of these challenges and whether the guidance actually meets its aims and ambitions?
Baroness Smith of Malvern (Lab)
Given the number of questions and the debate there is about this issue, I do not think there is anybody who does not think that some difficult and contested issues have had to be dealt with along the way. But the publication of the code, and the work of the EHRC to deliver it, provide, as the commission has said it attempted to, some more exemplification about how providers can abide by the law. Most importantly, it can ensure that everybody’s rights under the Equality Act, including their dignity and their ability to access services, are upheld.