Gender Critical Beliefs: Equality Act 2010

Gregory Campbell Excerpts

Tuesday 11th March 2025 Westminster Hall

[Dame Nia Griffith]

I think the point the hon. Lady is making is that there needs to be some clarification on guidance. She will be well aware that the last Government put out a call for evidence, asking people to provide examples of how the Equality Act is being interpreted. The Act sets out that providers have the right to restrict the use of services, including toilets and women’s refuges, on the basis of sex and gender reassignment in circumstances where it is a proportionate means of achieving a legitimate aim.

We are proud of the Equality Act and the rights and protections it affords women. We will continue to support the use of its single-sex exceptions by providers. It is vital that service providers understand the single-sex exceptions in the Equality Act and feel confident using them. The Government are committed to ensuring that there is guidance in place that gives service providers assurance about the rights afforded by the Act and how to lawfully apply single-sex exceptions. We will be setting out our next steps on that work in due course.

As hon. Members will know, the Equality and Human Rights Commission has published guidance on separate and single-sex services. It has recently concluded its consultation on its draft updated code of practice for services, public functions and associations.

[Mr Gregory Campbell (East Londonderry) (DUP)]

The Minister mentioned the Equality and Human Rights Commission. She has mentioned several times the need for understanding and empathy, to allow space for people to have various views. Does she agree that that should be shared by the likes of the Commission and other bodies, and that it is their responsibility to carry out their functions and ensure that people know that they have an empathetic hearing within such bodies, so that they are not seen as being opposed to the views of gender critical people?

[Dame Nia Griffith]

Indeed. The Commission and other bodies have a very responsible position to interpret and ensure that, where there are potential conflicts between the different protected characteristics, those are dealt with in a sympathetic and fair manner.

We will be considering the Commission’s proposals on its updated code of practice for services, public functions and associations, and Ministers will make a decision whether to approve them after the final draft of the code has been submitted. The previous Government put out a call for input on single-sex spaces guidance, and over 400 policy and guidance documents that fitted the response criteria were submitted. After reviewing these examples, it was found that the vast majority did not wrongly state or suggest that people have a legal right to access single-sex spaces and services according to their self-identified gender. In fact, only about 10% of the examples submitted seemed to have misinterpreted the Equality Act’s single-sex spaces provisions in some way.

As the independent regulator of the Equality Act, the EHRC is the appropriate body to ensure that this question is looked into in more detail, and it has the ability to follow up directly with organisations if necessary. We are in the process of sharing all the submissions that met the criteria of the previous Government’s call for input on single-sex spaces guidance so that the EHRC can review them. Although guidance does exist, including from the EHRC, the result of this call for input suggests that there is further work to do to ensure everyone has clarity about how the single-sex exceptions in the Equality Act operate. Moving forward, we will explore the best ways in which we can give providers assurance about the rights afforded by the Act and how they can lawfully apply its single-sex exceptions.

Our beliefs have always played a fundamental role in shaping our identity, purpose and direction in life. At times we share those beliefs with others, fostering a sense of unity and belonging; at other times our beliefs may differ, leading to discord. However, discord does not have to propagate hatred. Progress hinges on our ability to respect different beliefs even when they challenge us. We must cultivate a culture of safety, one that encourages open expression without fear of discrimination or harassment, rather than a culture of silence.

While our beliefs matter, it is equally important to look beyond them and recognise the shared values of tolerance, respect and fair-mindedness that connect us. As we move forward, let us hold on to those values and remain vigilant against attempts to erode them. True progress and equality lie not just in defending our own beliefs, but in upholding the principles that allow all voices to be heard with dignity and respect.

Question put and agreed to.