For Women Scotland Case

Baroness Falkner of Margravine Excerpts

Monday 27th April 2026 Lords Chamber

[Lord Collins of Highbury (Lab)]

My noble friend will understand that I must declare an interest: I am on the programme board for R&R. The original legislation made it clear that accessibility and equality are key parts of the R&R programme. That is the most important thing. It is not simply about access to toilets; people cannot even get around this building, and that is an issue that we need to address. I am afraid I cannot be tempted to comment on the code. As my noble friend knows, that is now subject to purdah, but I can say that we have asked the EHRC to provide information on costs so that Ministers can make a fully informed decision. That is part of the process. We have asked the EHRC to provide a de minimis proportionate cost assessment so that Ministers can have sight of the cost implications that the guidance will incur when taking their decision.

[Baroness Falkner of Margravine (CB)]

My Lords, it is becoming a little repetitive for the House to hear for over a year that the Government must comply with the law of the land. We understand that the Minister’s role is to represent the Government, so I wonder why he cannot explain why he is not complying with the law. He has mentioned the pre-election sensitivity period now, which is the latest reason given by the Government for not laying the EHRC code of practice. I have looked it up and more than 60 statutory instruments have been laid during this period. That pre-election guidance, published by his Government on 2 March, applies only to primary legislation. Will the Minister tell the House whether he has consulted the Permanent Secretary of the Cabinet Office and/or the legislative secretariat of the Cabinet Office to find out whether he can lay the code? If he has not done so, why not? Will he also lay that advice in the Library for all to see?

[Lord Collins of Highbury (Lab)]

I have huge respect for the noble Baroness, but I do not accept for one moment that there has been a deliberate delay in implementing this code. I have been very clear. These are complex issues and they need proper consideration. The purdah arrangements are clear. We have received advice from the Cabinet Secretary. I have been very clear that we cannot comment on the code. The Government have made a commitment that the code will be laid as soon as possible after the election. That means in May—not in spring, not in six months, in May. We are being very clear. Cat Little, the Cabinet Office Permanent Secretary, wrote to the Women and Equalities Select Committee’s chair to explain the background to the Minister’s Statement on 14 April. That letter is in the Library of the House of Commons. It clarifies restrictions during pre-election periods as set out in the guidance to civil servants. It is absolutely clear. I can reassure the noble Baroness that we are following proper process in relation to this code.