Sport England: Equality Act 2010

Baroness Hayter of Kentish Town Excerpts

Monday 19th May 2025 Lords Chamber

Asked by

[Baroness Hayter of Kentish Town]

To ask His Majesty’s Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, what discussions they have had with Sport England on the meaning of “sex” in the Equality Act 2010.

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Baroness Twycross) (Lab)]

The Government want to ensure that everyone can fully participate in society, including in sport. We equally want to ensure that everyone can participate in a way that ensures they feel safe. DCMS has discussed the ruling with Sport England and UK Sport, and they have confirmed they are considering the implications for their guidance. As my noble friend will be aware, national governing bodies set their own policies for who can participate in domestic competitions.

--- Later in debate ---

[Baroness Hayter of Kentish Town (Lab)]

I thank my noble friend for that Answer. She knows that Sport England was set up by royal charter and is in receipt of public and lottery money, and indeed has a board appointed by the Secretary of State. However, it seems to be taking its time in considering the ruling, despite the ruling very clearly saying that, where the Equality Act allows for single-sex competitions, or anything else, that should be on the basis of biological fact, as Sport England acknowledges, because the retained differences in strength, stamina and physique between born men and women affect fairness and safety. Because of those retained differences, it is important that all sports put aside for women should have biological women there. Can the Minister encourage Sport England to move with a little more speed, because I know a lot of the bodies are waiting for its advice on this?

[Baroness Twycross (Lab)]

It is for each sport’s national governing body to set its own policies for who can participate in domestic competitions. They are supported to do this through guidance developed by our sports council, which is considering the implications of the Supreme Court ruling. The sports councils’ equality group’s transgender inclusion guidance was jointly produced by our five home sports councils. Following the Supreme Court’s ruling, they have said that they are consulting legal experts properly to understand the implications for their guidance.