For Women Scotland Ltd v Scottish Ministers

Baroness Chakrabarti Excerpts

Monday 1st June 2026 Lords Chamber

[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.

[Baroness Chakrabarti (Lab)]

My Lords, I remember Meta Ramsay as an outstanding public servant who was as kind as she was courageous.

After numerous Lords Questions and a year-long review, we are left with the controversial code essentially unchanged. I ask, in sympathy with those who feel adversely affected and those who must implement it, how is a local GP surgery or a village hall to navigate proportionality, when three recent court decisions seem to point in different directions? Is this practically possible, or is it time to legislate?

[Baroness Smith of Malvern (Lab)]

I believe it is practically possible. One of the reasons for taking the time, both in government and in the EHRC, is to make sure that the code that has now been published provides practical and sensible examples about how the law can be implemented. If providers take the time to look at the code, they will see exactly that type of supportive and common-sense advice about how to implement what is and has been the law and was simply clarified by the Supreme Court ruling.