“For Women Scotland” Supreme Court Ruling

Kemi Badenoch Excerpts

Tuesday 22nd April 2025 Commons Chamber

[Mrs Kemi Badenoch (North West Essex) (Con)]

I thank the Minister for Women and Equalities for advance sight of her statement, even if it was mostly a shameless work of fiction. I could not believe my eyes, or my ears, this afternoon.

In 2021 the Prime Minister said it was “not right” to say that only women have a cervix. In 2022 he said it was the law that “trans women are women”. In 2023 he said, “99% of women don’t have a penis”. I know what a woman is, and I always have. The people of this country know what a woman is. We did not need the Supreme Court to tell us that, but this Government did: a Labour Government so desperate to jump on a bandwagon that they abandoned common sense, along with the Scottish National party—which put rapists in women’s prisons—and, of course, the Liberal Democrats.

The Supreme Court ruling is a powerful victory for the determined women behind For Women Scotland, and for people all over the UK who know how important it is to give privacy and dignity to women and girls who need it, but it follows years of battle. Individual women took action to uphold the law at great personal cost, losing their jobs and their reputations. A few weeks ago I met the Darlington nurses who were forced to bring legal action after a male nurse started using their changing room. Even their union, the Royal College of Nursing, refused to represent them. Women should not have to battle the NHS or their employers through the courts.

Why has it been such a battle? Because something as simple as biological reality became politicised and corrupted by activists pushing this ideology as foolish politicians cheered. Even the Minister—who said in her statement that this was “personal” to her—stated just last year that men should access women’s spaces. Whether it is female victims in our courts being forced to refer to their male sex attackers as “she” or the NHS using confusing “gender-neutral” language, putting the health of women at risk, this is a serious matter.

At every point when we have fought for women, we have faced hostility from activist groups and the Labour party: in 2020, when we rejected Labour’s calls to introduce self-identification, and in 2021, when the then Home Secretary, my right hon. Friend the Member for Witham (Priti Patel), ordered police forces to stop recording offences by trans women in female crime statistics. The current Culture Secretary, the right hon. Member for Wigan (Lisa Nandy), said that crimes committed by men should be recorded how they wished, and that those convicted of serious sexual offences should be held in jails that matched their chosen gender. It was crazy then, and it is crazy now.

I spent years battling abuse from Labour Members as I fought to uphold biological sex in government and blocked the SNP’s introduction of its mad self-identity laws, and I will take no lectures from them about what to do on this issue. Women and gay rights groups such as the LGB Alliance were even refused stands at the Labour party conference. The idea that Labour has supported this all along is for the birds. The Foreign Secretary described opponents of self-ID as “dinosaurs”. Labour now says that it knows what a woman is, and that transgender people should use services and facilities designated for their biological sex. It has never said that before, and this is a U-turn, but we welcome it.

Now that we have legal clarity, will the Prime Minister show some courage and do the right thing? Will he apologise to the hon. Member for Canterbury (Rosie Duffield), who faced so many security concerns as she was hounded out by the Labour party, and who was rebuked by the Prime Minister, and by many Labour MPs who are sitting there looking at me, for stating what the Supreme Court has now ruled to be true? Will the Minister apologise to the hon. Member for Canterbury? I doubt it. Will the Prime Minister crack down on the groups whom we saw defacing statues of suffragists over the weekend with the same energy that he reserves for his political opponents, or will we see more two-tier justice? Last time we saw Labour MPs standing next to them with no rebuke whatsoever. Will the Minister ensure that the Equality and Human Rights Commission has the Government’s full support in its enforcement of the code of practice? In particular, will she condemn the Labour Ministers who described Baroness Falkner’s entirely correct position on the judgment as “appalling”?

We need to root out gender ideology from our institutions. This Government now have a serious job to do, as many organisations will still fail women. I ask the following questions. As Minister for Women and Equalities, I published guidance for schools that made it clear that toilets and changing rooms must be provided separately for girls and boys, but the Minister scrapped that guidance. Will she stand up to the unions and urgently publish what she now admits is the law? She has also scrapped relationships, sex and health education guidance that would prevent schools from teaching contested gender ideology as fact. Will she now publish the guidance, and remove materials that mis-state the law? Will she act to stop passports and licences being issued with information on them about self-declared, rather than legal, sex? Will the Government support our amendments to the data Bill to ensure that digital ID systems record biological sex accurately? Finally, the Minister says that she is here to protect transgender people, many of whom were misled by Labour’s mis-statements on this issue. Some are now left very anxious. She has not provided any reassurance, and she should not use them as a shield to protect her failure.

This is not the end of the matter, but the beginning of the end. There is so much to do, and the Conservative party, under my leadership, will be relentless in ensuring that the Government do the right thing.

[Bridget Phillipson]

I am delighted to see the right hon. Lady in her place today. Many would run from a record like hers on these matters, but not the right hon. Lady. She and the Conservative party had 14 years to provide clarity on the issues that they now claim to take an interest in. The Supreme Court has confirmed that Labour’s Equality Act 2010 is the basis for single-sex spaces and protection, but the Conservatives did not provide that clarity. Before I say a bit more about her record, I will say a little more about mine. I will come to the questions—[Interruption.] If the right hon. Lady has some patience, I will respond to her questions.

I have supported countless women and children fleeing appalling male violence, sexual violence and domestic abuse. I have campaigned for decades on women’s rights. I know more than most about the importance of spaces for women—I have fought for them, I have delivered them and I have run them. While I was running a refuge, and while Labour was delivering the groundbreaking Equality Act, which, as this ruling confirms, sets in law the basis for single-sex spaces, what was the Leader of the Opposition doing? Forever the keyboard warrior, she was busy hacking the website of the leading architect of the Equality Act, and she has learned nothing from her party’s crushing electoral defeat last year. She held the post of Minister for Women and Equalities for two years and did precisely nothing. She provided no clarity in the law and nothing to improve the lives of women, which got materially worse on her watch.

The right hon. Lady comes here claiming to speak for women, but let us look at her record and her party’s record. There has been an increase in stalking offences. Prosecutions and convictions for domestic abuse have nearly halved since 2015. The rape charge rate is at a record low. Survivors of sexual violence are waiting years for justice. There has been a 2,000% increase in the use of mixed-sex wards in only 10 years. That is the Conservatives’ record.

The right hon. Lady asks about the Equality and Human Rights Commission’s statutory code of practice. I have set out that I am expecting an updated version of that as soon as possible. I will work with the Equality and Human Rights Commission to implement the code of practice, to make sure that everyone has the clarity that they require, and I expect the EHRC to work quickly and thoroughly on this matter.

The right hon. Lady asks about gender-questioning guidance and RSHE guidance. I am afraid that too is simply laughable. Mere months before the election was called, the Conservatives published a version of the draft guidance for gender-questioning children. Since that time, we have had the final review by Dr Hilary Cass published. It is right that we ensure that the guidance aligns with Dr Cass’s final review.

On the RSHE guidance, the consultation concluded after the election. We could not be clearer that we will always protect single-sex spaces, and we Labour Members are focused on delivering for women. Whereas the Leader of the Opposition has described maternity pay as “excessive” and called the minimum wage “harmful”, we are improving protections for pregnant women at work. We are ensuring that women can take maternity leave and come back to good, secure jobs. We are expanding childcare, the first 750 new free breakfast clubs opened today, and we have brought forward the single biggest piece of child protection legislation in a generation to protect young women and girls.

It is Labour’s groundbreaking Equality Act that provides the basis for what we have set out today about single-sex spaces for biological women. This Labour Government have a plan for change; a plan that will deliver for women. It is time for the Conservative party to get offline and get on board.