Gender Critical Beliefs: Equality Act 2010

Rebecca Smith Excerpts

Tuesday 11th March 2025 Westminster Hall

[The Parliamentary Under-Secretary of State for Wales (Dame Nia Griffith)]

It is a real pleasure to serve under your chairmanship, Mr Twigg. I start by thanking the hon. Member for raising the issues that she has raised this afternoon. I am going to call it more of a discussion than a debate, because I think the purpose of this session is to explore how we can express our beliefs freely, frankly and respectfully, upholding our shared values of tolerance and freedom of speech.

Championing freedom of expression is critical, even when beliefs are varied or opposing. To be protected under the Equality Act, a philosophical belief must be genuinely held and more than just an opinion. It must be cogent, serious and apply to an important aspect of human life or behaviour. In case law, gender critical beliefs have been recognised as such, which this Government acknowledge and respect. The protection of philosophical belief under the Equality Act is one of the foundations of freedom of expression, ensuring that individuals can hold and express deeply held convictions without fear of discrimination, harassment or victimisation. This protection creates space for diverse beliefs in a democratic society. We must not forget that in many countries across the world, such protections do not exist. We should not take them for granted and must continue to view freedom of expression as a right, not a privilege.

We must strive to protect freedom of expression for all, whether we agree or disagree, because we should challenge, probe and inquire, not shut down or silence. We will of course always protect the right not to be discriminated against, harassed or victimised.

The Equality Act prohibits discrimination or harassment on the basis of a number of characteristics, including a person’s religion, belief, sex, sexual orientation or gender reassignment. That is why the Act is crucial in protecting us all and why we are proud to uphold it. Given the polarisation of belief on sex and gender issues, as well as the disagreement and discomfort such matters can provoke, I am glad that the hon. Member for Canterbury has been measured, considered and respectful, promoting a tone and quality of discussion that refuses to lower itself to the politics of division and anxiety. Let us carry that example forward beyond this Chamber.

It is important that we continue to protect freedom of expression for all, and the hon. Member has set out some examples where the law has protected that freedom, but we must try to support people’s freedom of expression in the first place rather than simply relying on the courts.

[Rebecca Smith (South West Devon) (Con)]

Does the Minister agree that, on freedom of expression and those protected characteristics, we must do all that we can within policy to avoid a hierarchy where some of those protected characteristics are inadvertently—or perhaps at times deliberately—considered to be more important than others, and that it is essential that we keep a level playing field within that legislation?

[Dame Nia Griffith]

These are very tricky issues, and sensible discussion of them, rather than polarisation, is the way forward. We must remember that we have a collective responsibility to express our beliefs respectfully. By consistently adopting that approach, we can all help to lower the temperature of discussions about sex and gender issues, fostering a more positive and inclusive environment where everyone can contribute without fear of being cancelled or silenced.

[Dame Nia Griffith]

That is exactly what I have been explaining with regards to the Equality Act and respect for all established views, including gender critical views. We want to make sure that everybody is treated with dignity and respect; that is why it is important that we uphold the Equality Act and provide everybody with the reassurance that it protects them against unlawful discrimination and harassment.

It is perhaps important to dwell for a moment on what is considered harassment under the Equality Act. Free speech is protected when it is lawful, but harassment is behaviour that the law specifically defines as unlawful in certain situations, such as the workplace. Harassment is not simply a case of taking offence; there is a seriousness threshold, and conduct that is trivial or causes minor offence will not be sufficiently serious to meet the definition of harassment. Harassment is a serious matter, involving being subjected to unwanted conduct of various types, as set out in the Equality Act, which

“has the purpose or effect”

of violating the employee’s dignity or of

“creating an intimidating, hostile, degrading, humiliating or offensive environment”

for the employee.

Those who seek to harass people at work will not be tolerated, hence our provisions in the Employment Rights Bill to keep workers safe from harassment.

Establishing those parameters is essential for maintaining the healthy and respectful standards of discussion that I just mentioned. It is also important to highlight that these discussions affect real people, their communities, their careers and their families. Therefore, as we exercise our freedom of expression, let us do so with humanity. We hold our beliefs everywhere we go, which often means that we express them in different places, including at work. The Equality and Human Rights Commission has produced guidance on belief as a protected characteristic, and we would expect employers to refer to that before taking action in a given case.

We know that single-sex services are important to people for many different reasons. For example, single-sex services can provide safety and comfort, especially for those who have previously had negative experiences using mixed-sex services. Everyone should be able to access specialist services and everyday facilities that meet their needs while protecting their privacy, dignity and safety. However, as outlined by various Ministers in this Government, there will be circumstances where certain groups need to be excluded from single-sex services and facilities to ensure the best outcomes for users—safety, dignity, fairness and privacy, to name a few.

That is why we are proud to uphold the Equality Act, which already gives providers the flexibility to deliver single-sex services exclusively for those of the same biological sex where that is a proportionate means of achieving a legitimate aim.

[Rebecca Smith]

The Minister will be aware that the last Conservative manifesto committed to reforming the Equality Act to protect single-sex spaces and services for women and girls, and in particular to listening to the voices of those women across the country. The Labour Government have indicated periodically that they agree with that, but will they commit to taking action—and, if so, when?

[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.