For Women Scotland Ltd v Scottish Ministers

Lord Carlile of Berriew Excerpts

Monday 1st June 2026 Lords Chamber

[Baroness Smith of Malvern (Lab)]

My noble friend has been clear, and I have been clear. The noble Lord might want to suggest that we have not been, but I am afraid I think that we have.

[Lord Carlile of Berriew (CB)]

My Lords, will the Minister tell the House what the Government propose to do to restore the legitimate expectation of those who obtain gender recognition certificates? Section 9 of the 2004 Act says that a person’s gender

“becomes for all purposes the acquired gender”

in law, an expectation which has been smashed by the proposed guidance.

[Baroness Smith of Malvern (Lab)]

The noble Lord will know that the particular issue he identifies was the subject of the ruling in the For Women Scotland judgment. That was an interpretation of the law as it had always stood; it is clear, and the code is now enabling providers to deliver on the basis of that. But it is also the case, of course, and in that ruling it was made clear, that the safeguards for people in the Equality Act on the basis of gender reassignment remain, and discrimination and harassment against people on that basis remain unlawful. The code makes that clear, in fact, and is helpful in delivering it.