(3 days, 22 hours ago)
Commons ChamberWe will work with the EHRC on that guidance. It will present a revised code of practice, which I will review and present in due course. It is important that it does that as quickly as possible but, as I have said, this is a complex area and it must be undertaken thoroughly, with engagement with a range of stakeholders, including businesses, for the reasons the hon. Lady identifies.
Far from clarity, the verdict raises as many questions as it answers. Indeed, it has been referred to by the civil servant Melanie Field, who oversaw the Equality Act’s drafting and passage, as having significantly reinterpreted Parliament’s intentions. These questions are primarily about the purpose now of the gender recognition certificate and whether exclusion from single-sex spaces is merely lawful or required. But in protecting women’s spaces such as toilets from predatory men pretending to be trans women, what exactly stops those same men from now accessing them by pretending to be trans men?
I understand the concern my hon. Friend expresses and why she raises those questions, but I have to say to her that the position of the Government is that the Supreme Court has provided clarity and confidence in this area, particularly where it comes to single-sex spaces being on the basis of biological sex. The basis for that was the Equality Act, introduced by the previous Labour Government.
(3 months, 1 week ago)
Commons ChamberOn the timescale, this is a complex area, but in a little over six months we have consulted a wide range of stakeholders and considered all views, which is why I am able to return to the House today to update Members. The hon. Lady is right to say that we have decided not to commence provisions that will impose new duties on student unions. That is because some smaller providers have only a handful of members and do not have the resource or funding necessary to handle such claims, and they are already regulated by the Charity Commission. However, we fully expect student unions to protect freedom of speech, and providers to ensure that their student unions do so as well.
I welcome the careful and considered approach that the Secretary of State has taken to this issue; it stands in stark contrast to when the Act was first brought forward. I refer the shadow Secretary of State, and indeed the House, to my comments in Hansard on 13 May 2021, when the previous Secretary of State explicitly confirmed on Radio 4 that Holocaust denial would be protected speech. In that vein, does my right hon. Friend share the concern of groups such as the Union of Jewish Students and the Antisemitism Policy Trust that the draft guidelines produced by the Office for Students risked undermining existing good practice in tackling antisemitism? Will she give an assurance that the OfS will meet Jewish representative organisations to ensure that such mistakes cannot be repeated?
I am confident that the OfS, as the regulator, and its director for freedom of speech will seek to engage with a range of views, including those of Jewish students and community organisations, as they take forward this important work. That is certainly something that I have done to understand the concerns and the potential impact on minority students, including Jewish students, at a time when we all sadly know that antisemitism on our campuses and streets has been rising. As a country, we must do everything in our power to tackle that.