For Women Scotland Ltd v Scottish Ministers

Debate between Baroness Smith of Malvern and Lord Strasburger

Monday 1st June 2026 Lords Chamber

[Lord Strasburger]

To ask His Majesty’s Government which government departments have not yet fully implemented the Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers.

[The Minister of State, Office for Equality and Opportunity (Baroness Smith of Malvern) (Lab)]

My Lords, the Supreme Court ruling that the noble Lord’s Question refers to brings clarity for women and service providers. We expect all duty bearers to follow the law and to seek legal advice where necessary, and that includes government departments. Departments have been reviewing and updating their policies and guidance following the Supreme Court ruling. This includes the new internal Civil Service guidance that has been shared with departments. We will ensure that any policies and guidance are consistent with the draft code of practice for services, public functions and associations that was laid in Parliament before the Recess.

[Lord Strasburger (LD)]

I thank the Minister for her reply. Over the last year, Government Ministers have repeatedly told this House that all service providers must get on with implementing last year’s Supreme Court ruling, but it seems that the NHS did not get the memo. The cases of Sandie Peggie and the Darlington nurses show that the NHS still expects female nurses to undress in front of males. Will the new Health Secretary be any better than the previous one at getting the NHS to obey the law?

[Baroness Smith of Malvern (Lab)]

Of course it is the case that the NHS should be obeying the law, in terms of both the provision of goods and services, which this code covers, and employment practices, on which further guidance will come from the EHRC. On the provision of the services that the NHS is responsible for, it is of course thinking carefully about both the ruling and the guidance, and it will be coming forward with more guidance in the near future.

Sex and Gender: Official Data

Debate between Baroness Smith of Malvern and Lord Strasburger

Tuesday 5th November 2024 Lords Chamber

[Baroness Smith of Malvern (Lab)]

I am not sure that waiting times in the NHS are part of the census, but I take the noble Baroness’s point, nevertheless. Although, as I have emphasised, the development of statistical measures should be done independently of government, I am sure that co-ordination between the devolved Administrations, where appropriate, would be a good idea.

[Lord Strasburger (LD)]

My Lords, throughout the criminal justice system, sex registered at birth is the most important variable in the analysis of crime and offending. It underpins the planning of policing services, risk assessments and offender treatment programmes. But recent freedom of information requests reveal that most police forces in England and Wales no longer record sex registered at birth. Instead, they record the offender’s self-declared gender identity—astonishingly, even when the offence is rape. What are the Government doing to stop this corruption of the fundamental data used throughout the criminal justice system?

[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.