For Women Scotland Ltd v Scottish Ministers

Lord Strasburger Excerpts

Monday 1st June 2026 Lords Chamber

Asked by

[Lord Strasburger]

To ask His Majesty’s Government which government departments have not yet fully implemented the Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers.

[The Minister of State, Office for Equality and Opportunity (Baroness Smith of Malvern) (Lab)]

My Lords, the Supreme Court ruling that the noble Lord’s Question refers to brings clarity for women and service providers. We expect all duty bearers to follow the law and to seek legal advice where necessary, and that includes government departments. Departments have been reviewing and updating their policies and guidance following the Supreme Court ruling. This includes the new internal Civil Service guidance that has been shared with departments. We will ensure that any policies and guidance are consistent with the draft code of practice for services, public functions and associations that was laid in Parliament before the Recess.

[Lord Strasburger (LD)]

I thank the Minister for her reply. Over the last year, Government Ministers have repeatedly told this House that all service providers must get on with implementing last year’s Supreme Court ruling, but it seems that the NHS did not get the memo. The cases of Sandie Peggie and the Darlington nurses show that the NHS still expects female nurses to undress in front of males. Will the new Health Secretary be any better than the previous one at getting the NHS to obey the law?

[Baroness Smith of Malvern (Lab)]

Of course it is the case that the NHS should be obeying the law, in terms of both the provision of goods and services, which this code covers, and employment practices, on which further guidance will come from the EHRC. On the provision of the services that the NHS is responsible for, it is of course thinking carefully about both the ruling and the guidance, and it will be coming forward with more guidance in the near future.