(5 days, 13 hours ago)
Lords ChamberMy noble friend will understand that I cannot comment on the contents of the draft code, particularly during this current election period, but I understand the sentiment behind the question. I want to reassure noble Lords that this Government are absolutely committed to balancing all rights and ensuring provision for all. That is what this Government stand for and we will ensure that it happens.
My Lords, the Government have rightly emphasised that protections for trans people remain in the Equality Act. Can the Minister expand on how the updated code will support service providers in balancing these protections alongside those relating to single-sex spaces?
I am afraid I have to repeat the point I made: I cannot comment on the draft code during this period of purdah. I think everyone in this House knows the Government’s position. We are absolutely committed to ensuring that the rights of everyone under the Equality Act are, and continue to be, protected. The Supreme Court judgment made that clear too; we should not forget that. We should absolutely remain considerate of the rights of trans people. I am afraid that this debate has been fairly toxic. We need to show a bit of compassion and understanding. I am confident that we can move forward once we have the code before Parliament.
(1 month, 1 week ago)
Lords ChamberI agree with the noble Baroness. Until the Life Peerages Act, this House was absolutely full of men, so progress has been made and we should not underestimate that progress. I suspect that after today’s decision, we will make even more progress in due course.
My Lords, the implementation of Section 106 is going to help a great deal, whenever it comes. As well as this, is there some way that there could be a recommendation that all parties report that they have considered prioritising gender equality in their selection criteria?
The noble Baroness is right. One of the things that is still to be determined is precisely what protected characteristics will be included under Section 106. In the EHRC guidance to political parties was a range of actions that could be taken to ensure diversity, including support for people with disabilities and other actions. We should be very proud that many of the political parties have taken action. We need greater transparency so that we can see what progress has been made.
(2 months, 2 weeks ago)
Lords ChamberI think the noble Baroness understands that, although there has been speculation in the media, it is crucial that providers have legally robust guidance on how to apply the Equality Act, which is why we are considering the draft code properly. We have always been clear that proper process needs to be followed so that service providers have certainty over these issues and are not placed in that legal jeopardy. That is why we are absolutely consulting with all, including the EHRC.
My Lords, I am not surprised that the draft code is being carefully considered, as the Government say, because multiple government departments, such as health, justice, local government and employment, all need consistency in a cross-government approach. What steps are the Government taking to ensure that equality or human rights objectives are consistent across departments?
(6 months ago)
Lords ChamberI do not accept the noble Baroness’s assertion. The department received the final draft code on 4 September. It is 300 pages long. That code needs detailed consideration because, as my noble friend pointed out, we want to avoid uncertainty. We want to ensure, as the Equality and Human Rights Commission is absolutely concerned to ensure, that there is absolute clarity on the Supreme Court decision. That is why we will take the necessary time to ensure that, when it is presented for full consideration by Parliament, it is as accurate and legally proofed as possible. There has been no delay.
Can the Minister indicate how the Government plan to monitor future case law in this area to ensure that statutory codes remain accurate and up to date, particularly if the courts further clarify the relationship between sex and gender reassignment under the Equality Act?
Put simply, that is why we have the Equality and Human Rights Commission, and that is why it has a responsibility independent from government to do precisely that. That is why we will give full and proper consideration to the draft code. It is important that we maintain that balance and understand our respective roles and responsibilities under the Equality Act.