Equality Act 2010: Code of Practice

Debate between Lord Harper and Lord Collins of Highbury

Wednesday 3rd June 2026 Lords Chamber

[Lord Collins of Highbury (Lab)]

I do not accept the premise of the noble Baroness’s question. I said in response to the noble Baroness, Lady Stedman-Scott, that the EHRC itself last month outlined that it had made a small number of changes based on feedback, consultation responses and further legal analysis on its part. We have been clear that organisations must follow the law. Our focus has always been on making sure that organisations have the guidance they need and that it is clear and practical. For example, one change made clear that associations can define their membership on the basis of more than one protected characteristic—for instance, a walking club for Muslim women or an LGBT+ support group—and continue to operate lawfully. We have not put pressure; the EHRC has explicitly said that the draft code was amended to make the law clearer for service providers and others. The EHRC has been clear that it made the decision to amend the draft code following feedback, consultation responses and legal advice. That is the position.

[Lord Harper (Con)]

My Lords, despite the Minister telling me on two previous occasions that all government departments were already compliant with the law in the services they provide, he confirmed in a Written Answer to me that:

“Where necessary, government departments are carefully reviewing the ruling’s potential implications … to ensure that their policies and guidance are legally compliant”.


The Supreme Court ruling was last April, so departments have had over a year. Can he confirm—if not at the Dispatch Box, in writing—the results of those reviews for each government department, setting out which are now fully compliant with the law and which still have work to do?

[Lord Collins of Highbury (Lab)]

Everyone must comply with the law. The Supreme Court decision is very clear, but it takes time to amend guidance and policies because, as I have said to the noble Lord before, they are not just about this single issue. Some policies particularly cover employment and, of course, the guidance now issued is about service providers. As I said in my response to the noble Baroness, Lady Stedman-Scott, the Cabinet Office has updated Civil Service model policy and departments will work to implement the changes as soon as possible. The policy documents are being updated—that is a current situation —but compliance with the law is what they are required to do. If there is any doubt, they seek legal advice.

Equality and Human Rights Commission

Debate between Lord Harper and Lord Collins of Highbury

Thursday 26th February 2026 Lords Chamber

[Lord Collins of Highbury (Lab)]

The noble Lord makes a valid point. The EHRC submitted its draft code to Ministers, and we are reviewing it, as I said before, with the care that it deserves. 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. The code will have implications for service providers up and down the country. It is vital that we get this right.

[Lord Harper (Con)]

My Lords—

--- Later in debate ---

[Lord Harper (Con)]

I am grateful to the Chief Whip. The Minister will remember that on 2 February I asked him to confirm whether the Government were in full compliance with the law, as set out by the Supreme Court, across all the public services and functions that they deliver. He gave an unequivocal, one-word answer: “absolutely”. I tabled a Written Question the following day, asking him for the evidential basis for that assertion. That Question is now nearly 10 days overdue, so this delay thing seems to be catching. When will I get an answer to that Question, and is the Minister still prepared to stand by his assertion that the Government are in full compliance with the law across all the public services and functions that Ministers are responsible for delivering?

[Lord Collins of Highbury (Lab)]

I will repeat my answer: absolutely. I also responded to the noble Baroness, Lady Falkner, who asked a supplementary to the Question. I have taken the precaution of reading the letter received by Maya Forstater, the CEO of Sex Matters, which sets out the reasons for our review of the code. Obviously, the Government are absolutely committed to complying with the law and the judgment of the Supreme Court. There is no doubt about that. But what we want to do, and as we are doing with the EHRC code, is to review all policies. The policy in the code is not about just one issue: it covers a whole range of protected characteristics. Some of the people who are most concerned about the implications of this are people with disabilities. We should be very careful of saying that we must do something straight away. We are complying with the Supreme Court judgment, and we are not going to deviate from that.

Single-Sex Spaces: EHRC Guidance

Debate between Lord Harper and Lord Collins of Highbury

Monday 2nd February 2026 Lords Chamber

[Lord Collins of Highbury (Lab)]

As the noble Baroness knows, we have a duty to properly consult. By the way, under Section 14(9) the Equality Act 2006, that also involves consulting with devolved Governments at all relevant stages. Consultation with the Welsh and Scottish Ministers is required, as the code fully relates, but it also relates to all public authorities. Of course, the EHRC has conducted its own consultations on its code twice, but it is important that we fully understand the implications of the ruling.

[Lord Harper (Con)]

Given that the law is already in force and the Supreme Court has made it clear what that law means, can the Minister confirm that all public services that are delivered by Ministers and the Government are in full compliance with the law, as set down by the Supreme Court, today?

[Lord Collins of Highbury (Lab)]

Absolutely.

Digital ID

Debate between Lord Harper and Lord Collins of Highbury

Monday 19th January 2026 Lords Chamber

[Lord Collins of Highbury (Lab)]

I do not want to repeat what I said to the noble Baroness, but I assure the noble Lord that we are absolutely focused on those standards and on better understanding new threats, which is why legislation is being considered by the other place. After all, we are talking about how people can access government services properly without complicated hurdles to go through constantly. Having one access is important, so the scheme will be available at no cost to the individual and to all British citizens and legal residents from the age of 16, subject to the consultation. It will be introduced after the technical build and primary legislation are delivered in around 2028, and underpinned by robust privacy, resilience and security measures. I stress that all citizens, in time, will be able to get the new digital ID, but it is not compulsory. We will consult on minimum wage.

We are ensuring that it is inclusive and that, whatever the Government do, we maintain inclusivity. Rolling out a free national digital ID will be accompanied by a massive inclusion drive across the United Kingdom. This is an opportunity to empower the vulnerable and the left-behind in our society. Inclusion will be at the heart of the design and delivery, and no one will be disadvantaged as a consequence of the scheme.

[Lord Harper (Con)]

My Lords, the Minister fell into the same trap as his colleague at the other end of the Parliamentary Estate by saying that the digital ID would be free. He may quibble with the OBR’s assessment of a £1.8 billion cost, but it is not going to be free, is it? Why do the Government think that a government-designed ID system is going to be better than just setting some standards and allowing the private sector to provide solutions that people can use instead?

[Lord Collins of Highbury (Lab)]

I repeat that the cost has not been determined yet, because the scope and design of the scheme have not been agreed. That will be subject to consultation. Any cost in this spending review period will be met within existing settlements. The purpose of this scheme is to ensure that all services that the Government provide in the United Kingdom are properly accessible in this new day and age. I do not think that is something we should leave to the private sector. We want to be leading it, so I do not agree with the noble Lord’s assertion.