For Women Scotland v The Scottish Ministers: Interim Update

Baroness Falkner of Margravine Excerpts

Thursday 1st May 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

The approach that my noble friend set out is precisely the one I outlined last week in responding to the statement. The Government have set out our expectation that service providers follow the clarity that the ruling provides. The EHRC’s interim update provides a perspective on how the judgment and Equality Act are practically applied in some areas; it is a snapshot reflection, rather than full guidance. The EHRC has announced that it will update its code of practice and has committed to seeking views from affected stakeholders; I am sure that it will consult widely on this. I add that the application of the Supreme Court ruling to different services and settings is complex. It requires careful work to ensure that we provide clarity for a wide range of varied service providers of different kinds and sizes so that they have confidence in how they apply the Equality Act on a day-to-day basis.

[Baroness Falkner of Margravine (CB)]

My Lords, I declare an interest as chair of the EHRC. I hope I might be able to illuminate to the House what happened. I appreciate the Minister’s response. Does she agree with section 2.2 of the framework document that we have with the Government that the ECHR does not

“perform its functions on behalf of Government, and it is to operate independently of the Government”?

Moreover, she has to ensure

“that the Commission is under as few constraints as reasonably possible in determining its activities, timetables, and priorities”.

Having listened to her response, I know that she will agree with me that our priority is to explain the law to the public, which we have done in the interim statement, and to undertake a consultation on the practical implications of the judgment. We will seek views from as many affected stakeholders as we possibly can. This is profoundly important for the trans community. It is right that we published a brief statement of the law, and we will consult extensively as we go forward.

[Baroness Smith of Malvern (Lab)]

The noble Baroness is right that the EHRC is the Government’s independent regulator of the Equality Act in this case. I welcome her commitment to both producing the statutory code of practice and the consultation to which she alluded.