“For Women Scotland” Court Ruling: First Anniversary

Debate between Carla Lockhart and Caroline Johnson

Tuesday 14th April 2026 Westminster Hall

[Carla Lockhart]

I sincerely hope my hon. Friend is right and that the Government will do the right thing as per the law.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

The hon. Lady is being extremely generous with her time. Does she feel, as I do, that a lack of political courage is what has delayed the new guidance? That lack of political courage has fallen on the heads of people having to make these decisions, such as nurses on wards, people working in sports centres and the like. They do not have the Government guidance to stand behind and say, “This is what the law says. This is what I’ve got to do”, so they are having to make decisions and then take the flak and sometimes abuse from people who are disappointed by their choice.

[Carla Lockhart]

I will certainly move on to some examples where there has been a great personal cost to folks who have had to lead the way on this issue.

One year later, we still need clarity on workplace regulations. Workplaces are in limbo because the revised code of practice will not even apply to them. One year later, we are still waiting for the Secretary of State for Health and Social Care to introduce new guidance specifically for the NHS. Last April, he promised that it would be published within weeks. The silence is deafening. These delays speak for themselves. This is not a grey area; it is not complicated. It is a failure to act on a simple legal and biological truth. Women’s safety is not a political plaything, and it should never be treated as one. The lack of progress comes at a real human cost to women across the UK.

I recently hosted Jennifer Melle and the Darlington nurses here in Parliament, and I am delighted that they are in the Public Gallery watching proceedings. They found themselves in the eye of the storm simply for upholding women’s rights. They are dedicated NHS professionals, not campaigners, yet they were hounded at work and dragged through the courts, not for wrongdoing, but for stating a basic biological fact. Their testimonies are deeply moving. Some of them are mothers of young children, carrying the strain not just at work, but at home.

After Jennifer Melle referred to a biological male and convicted paedophile as “Mr”, she was suspended for two years, unable to work, and she was threatened with revocation of her licence to practice. Where was her nursing union, which should have stood with her in her hour of need? It was missing in action, afraid to counter the wokeness within. Jennifer believes that what happened to her was a punishment for whistleblowing. She said:

“I did not always show it, but I was deeply traumatised by what had happened to me…I lived under fear, anxiety, and the possibility of losing the job I loved.”

When we compare Jennifer Melle’s case with the Darlington nurses’ case, we can see a pattern emerging. After a biological male was allowed to use their changing room, the Darlington nurses raised legitimate concerns about privacy and safety. Instead of being listened to, they were told they needed to be “re-educated” and to “broaden their mindset”. They were left with no other option but to take legal action. These nurses were already working flat out, caring for others, holding the system together and doing their job with skill and dedication every single day. That should be enough. They should not have been forced to fight for their legal rights.

Jennifer Melle and the Darlington nurses have shown tremendous courage and conviction, but let us be honest, that has come at a price: a personal toll, a professional toll, time, stress and reputation. Despite their legal victories, the punishment has been in the process. Women across the country are watching these legal cases unfolding and drawing the obvious conclusion: “Keep your head down or risk your livelihood.” The result is a chilling effect that should trouble every Member of this House.

Women are self-censoring. They are being forced to choose between telling the truth and keeping their jobs. They see colleagues hauled before tribunals, threatened with professional sanctions and subjected to reputational harm. Understandably, they often decide that it is simply not worth the risk. Bethany Hutchison, one of the Darlington nurses, put it this way:

“A culture of fear took over, not among those breaking safeguarding norms, but among the women raising concerns. Many vulnerable colleagues, often the breadwinners in their households, felt intimidated into dropping their complaints, until only eight of us remained.”

That is what happens when an institution closes rank and sidelines women’s voices.

It should not be down to individual women to contest gender ideology in the workplace. The Government should be backing women all the way, ensuring that they are treated with the safety and dignity that they deserve. Instead, a whole year has passed and still those on the frontline are being left to navigate these complex and sensitive issues alone. Silence is not neutral; it sends a clear message that women’s rights come second to political sensitivities and noisy activists. A ruling that exists only on paper is not enough. The Government must act, not with warm words, but with real, practical guidance that ensures that women are protected, not punished, for asserting their rights.

To briefly address the position in Northern Ireland, it is quite frankly extraordinary that we are even having to contemplate a different application of the ruling within the United Kingdom. The suggestion that the Windsor framework could create divergence on something as fundamental as the definition of a woman raises serious questions about sovereignty and equal rights across this country. Women in Northern Ireland should not have less clarity or protection than women in England, Scotland or Wales. I call on the Minister to give absolute clarity that this UK Government will stand up for women in Northern Ireland.

I am glad that, despite some of the noise and legal challenges around this issue, our Education Minister has moved to release guidance to schools. He made it clear that single-sex spaces in schools should be based on biological sex and that the safety, dignity and privacy of girls must be protected. That was a proportionate and practical response to the law as it stands and I welcome it. That stands in stark contrast to the delays that we are seeing elsewhere.

I end with three requests of the Government. First, I urge the Minister for Women and Equalities to lay the EHRC’s updated code of practice before this House as a matter of urgency—no more prevaricating; no more delay. While the Minister has today finally indicated that that will happen in May, we must ask why clarity has not been provided far sooner. Secondly, I urge the Minister to provide guidance for workplaces. Employers must be left in no doubt that single-sex spaces are reserved for people of the same biological sex. No employee should be compelled to use a person’s preferred pronouns.

Thirdly, I urge the Secretary of State for Health and Social Care to fulfil his promise and issue guidance on single-sex spaces in the NHS specifically. In the absence of leadership from the Government, others have already stepped in. The Darlington Nursing Union and the Christian Legal Centre have already produced draft guidance for NHS trusts. It is ready, workable and would help ensure that no more women are forced to endure what Jennifer Melle and the Darlington nurses faced. I thank Christian Concern for its support for Jennifer and the Darlington nurses.

Let us be clear: the For Women Scotland ruling was a victory on paper, but in many cases it still needs implementing in practice. Biology should not be disputed in any sector. A woman is not a feeling. A woman is not an identity. A woman is a biological reality. We must act now to ensure that women are heard, protected and respected.

Crime and Policing Bill

Debate between Carla Lockhart and Caroline Johnson

Report stage
Tuesday 17th June 2025 Commons Chamber

[Dr Johnson]

I thank the hon. Lady for her intervention. Currently, it is illegal for a woman to procure her own abortion between 24 weeks and term if the baby is healthy. If there is a problem, she has to have it done by doctors in hospital. Under the proposed new rules, we will have is a situation where a woman can legally have an abortion up until term if she wants to do so— [Interruption.] Yes, at any gestation. That is a completely legitimate argument. It is not one that I support or agree with, but it is a legitimate argument that people can make. If that is the case, they should have the courage of their convictions and make it.

[Carla Lockhart (Upper Bann) (DUP)]

If criminal law does not work as a deterrent, why did late-term abortions increase in the State of Victoria and in New Zealand after decriminalisation? If we look at New Zealand in 2020, there was a 43% increase in late-term abortions between 20 weeks’ gestation and birth compared with 2019. Therefore, criminal law does act as a deterrent, and when it is removed we see an increase. We need to learn from different jurisdictions in that regard.

[Dr Johnson]

The hon. Lady is right to say that we have seen an increase in incidences of people taking abortion pills late. Previously it was very difficult, if not impossible, to obtain the pills—it was certainly impossible to obtain them through NHS clinics—but now it is possible, because people can use a telemedicine clinic. They say that they are seven weeks pregnant and ask for pills, and we have seen examples where people have asked for the pills much further on in their pregnancy—into the 30 weeks—obtained the medicine and made themselves very unwell in doing so.

Turning to coercion, when a doctor sees a patient, they take at face value everything the patient tells them. When a lady uses telemedicine to have an abortion, it is not possible for a doctor or clinician to know whether somebody else is in the room with them, or sat the other side of the camera forcing them to say what they are saying. It is not possible for the doctor to know whether the lady is pregnant or not or whether the person asking for the medicine will be the person who takes it. That is very unsafe.