“For Women Scotland” Court Ruling: First Anniversary

Rosie Duffield Excerpts

Tuesday 14th April 2026 Westminster Hall

[Rosie Duffield (Canterbury) (Ind)]

It is a pleasure to serve under your chairship, Mr Stringer. I thank the hon. Member for Upper Bann (Carla Lockhart) for securing this debate. We are so used to having small time limits for these debates that I am afraid I have not prepared anything like as much as I would want to say.

On 16 April 2025, the Supreme Court ruled unanimously that for the purposes of the Equality Act 2010, sex means biological sex, not gender. A woman is an adult human female, and a male is an adult human male. That is, of course, what the vast majority of the public know simply to be true. The Supreme Court judgment was won by three courageous and formidable women: Susan, Marion and Trina, known as For Women Scotland. It was a victory for women’s rights and for gay rights as well.

Lesbians have been at the sharp end of this campaign to erode women’s rights. If the Scottish Government, Amnesty International and activist groups such as the so-called Good Law Project had their way, anyone at all could call themselves a lesbian. A lesbian would no longer simply be a woman who is attracted to other women, but could be any man calling himself a lesbian. Biological men—mostly those without any reassignment surgery—label themselves as lesbian, but they are simply men attracted to women, so straight men. Yet the lesbians are the “bigots” and “transphobes” if they dare to point that out.

This also plays out daily in the political sphere. Many activists in political parties and politicians, and some political leaders themselves, are wedded firmly to this nonsensical ideology.

[Dr Caroline Johnson]

The hon. Lady is making a very good speech. Does she share my concern that it plays out in the scientific arena as well? The UK Health Security Agency has been collecting data in relation to sexual health infections on the basis of gender rather than sex.

[Rosie Duffield]

Absolutely. Of course, that is the hon. Member’s area of expertise. I know many health professionals who are incredibly frustrated at this simple twisting of facts, which should not be done at all in the NHS. I thank her for pointing that out.

With a few admirable exceptions, many Members of Parliament are unable to identify or define a woman. They reject that women’s spaces must be exclusively for biological women and have decided that those of us intent on the Equality Act being upheld are evil incarnate.

For centuries, women have had to fight for our rights. We have had to fight male threats of violence and male acts of violence. We are used to having to protect ourselves and our spaces. The very least we should expect from our own Government is the leadership and conviction to back those rights with basic and fundamental legislation. The Labour Government did that in 2010, yet here we are, 16 years later, having to force the current Government to uphold and enforce the law, and make it crystal clear to the NHS, sporting bodies, membership organisations and Government Departments that the law must be followed and adhered to—that is their job.

While the Secretary of State says that her Government have

“always supported the protection of single-sex spaces based on biological sex”,

men who choose to identify as women are still permitted to receive care on women’s hospital wards, access women’s toilets—including in this building—compete in the women’s category in parkrun and take women’s places in grassroots sports, and there are still men in women’s prisons. Actions speak louder than words. The law is the law, so what exactly are the Government waiting for, and why are they incapable of showing even the most basic leadership?

The Supreme Court has been clear, and trans-identifying people remain protected in law under the protected characteristic of gender reassignment. None of their protections or rights have been taken away.

[Marie Goldman (Chelmsford) (LD)]

The hon. Lady is making an interesting speech, and I thank her for it. I think we are probably on different sides of the debate, but it is still interesting. She says that none of trans people’s rights has been taken away. I wonder whether she can explain the legal limbo that trans people feel they are in when trying to obtain a gender recognition certificate. They are required to live in their acquired gender for several months in order to obtain a certificate, but if they cannot access the spaces for the gender that they are seeking to acquire, they cannot fulfil that criterion. Does she agree that that creates a legal limbo and does actually take away some of their rights?

[Rosie Duffield]

The hon. Member has a really good point. That lack of clarity is why we need the Government to explain fully what the EHRC is saying and how it pertains to the Equality Act. With or without a gender recognition certificate, biological men are not able to access women’s spaces—women’s toilets, women’s sports. The Supreme Court made that incredibly clear. The area of gender recognition certificates is a bit grey, and I can understand why some trans-identifying people are confused by that. That is why the Government have to step in. This is a matter of legislation.

None of the activists on my side—feminists—is saying that we want to exclude those people, make them feel terrible or give them a hard time. Bodies can introduce single-sex spaces, unisex toilets and all kinds of other activities for those people that they are allowed to take part in. We just do not want our rights to make way for biological men, who are bigger, stronger and faster, and physically potentially more dangerous to us. That is a fundamental right that many of us have fought for generations to get. Yes, there are some confusing parts, but not in the Supreme Court judgment. The Court made it very clear; the Government just have to get on with it, instead of hiding behind the judgment.

[Jonathan Hinder (Pendle and Clitheroe) (Lab)]

I just want to put on the record how welcome it is to see the comments of the Scottish Labour leader, Anas Sarwar. It is fair to say that Scottish Labour has been on a bit of a journey on this issue, but he has got to the right place, and I welcome that. I join the hon. Lady in stating that the Supreme Court judgment clarifies existing law. It did not change the law. It is about enforcing the existing law. Women have had their lives ruined by this issue over many years, and they are still having their lives ruined by it, as we see in the Sex Matters “One year later” report. Is the hon. Lady as baffled as I am that we still seem to have violent men—murderers, no less—in women’s prisons?

[Graham Stringer (in the Chair)]

Order. I remind hon. Members that interventions should be short and to the point. We have had two quite lengthy interventions. The business is not oversubscribed, so if hon. Members wish to bob, they may well catch my eye.

[Rosie Duffield]

Thank you for clearing that up, Mr Stringer. The hon. Gentleman makes some really good points. Sex Matters has been pointing out, especially in its new leaflet, that so many people, whom we do not get to talk about every day, are still being subjected to these ridiculous tribunals. Jennifer Melle, whom the hon. Member for Upper Bann mentioned, was simply a nurse referring to a biological man as a biological man in her notes. Without wanting to get into too much horrible detail, I believe she was catheterising a man, which is very different from catheterising a woman, yet she was the one subjected to hideous racial abuse and suspended from work.

These things happen every day. We know about them because we are involved with the organisations that help those people, but the general public do not necessarily hear about them and the Government seem very far removed from the reality that not stepping in is causing. Many of those cases would not have taken place if the Government had introduced guidance, spoken on the issue, or had the front to say what I know many of them secretly believe, but do not articulate because they are afraid of their own activists—I am living proof of that. That is a real shame.

[Dr Scott Arthur (Edinburgh South West) (Lab)]

I know this is a really important subject to the hon. Lady. Of course, the Government received the revised draft guidance only yesterday and they issued a statement today. It is important to remember that.

The hon. Lady mentioned parkrun a minute or two ago, before the flurry of interventions. What does her vision mean for me, as a keen parkrunner? Would I have to submit evidence that I am a man to parkrun in order to run as a man? Likewise, would women have to do the same? How does she see that working?

[Rosie Duffield]

I think it is fairly obvious that the hon. Gentleman is a man, to be honest. I think the majority of the human race could tell that. If there is a much smaller person running in that category, they simply do not belong there. The Government have had the guidance since September, but this is the law of this country. No Minister or Government MP needs guidance from the EHRC to suggest ways in which organisations could uphold the law. We made this law, and we are there to advise people how to enact it and adhere to it. We do not need the EHRC. That is just another way of pushing this down the road. It is great to have that guidance. It has done a really good job—that is what it does—but the Government do not need it. It is just another red herring—a delay tactic.

[Marie Goldman]

On the point about it being fairly obvious which gender someone is, I wonder whether the hon. Lady has heard about the case of the woman who had a double mastectomy and frequently gets misgendered as a man? What would she say to that woman?

[Rosie Duffield]

That is extraordinary, but we are talking about a country of 70 million-odd people, 51% of whom are women. The majority of people know what a man or a woman is. If one has a problem with that, that is a specific personal problem. That is a man; these are women. We all know. It is an absolute load of rubbish that we do not, so I reject that. I say to the Government: women are watching, women will be voting, and most people in the country are women.

[Tracy Gilbert (Edinburgh North and Leith) (Lab)]

Alice Sullivan has spoken a lot about identifying sex and gender. Does the hon. Member agree that sex and gender are not the same thing, and that if we are registering for a parkrun, another sporting event or anything else, we all know what is on our birth certificate?

--- Later in debate ---

[Rosie Duffield]

That is exactly right. We are not talking about gender identity. We are talking about the law as it adheres to biological men and women.

[Dr Caroline Johnson]

Will the hon. Lady give way?

[Rosie Duffield]

For the very last time.

[Dr Caroline Johnson]

The hon. Lady has talked about the courage of the people who stood up on this issue, but will she reflect on the people who felt censored? For example, I spoke to a young lady in my constituency who participated in a hockey club, but she stopped going. The parents of another girl stopped her going to the same club, because there was a man on the young ladies’ hockey team who insisted on using the changing room and the girls felt uncomfortable changing in front of him. The issue is reducing the participation of particularly young women in sport, which is regrettable. Guidance from the Government to make things clear will help to ensure that women can participate in sport fairly and safely.

[Rosie Duffield]

The hon. Member makes a good point. MPs on my side of the argument will certainly hear that time and time again from parents. There is a group called the Bayswater group whose members have gone through the problems and difficulties of their children wanting to transition from a very early age, with all the categories of sport that they should or should not go into. Guidance would really help those parents, but certainly girls should not feel that they should not participate.

All women on this side of the argument have felt intimidated at some point, not just by the death threats—those are passé by now—but by the signs and the balaclavas outside, and by the rubbish about it coming from both sides. I have lived this for nearly a decade; it is not both sides. It would be lovely to end all the intimidation. I have been in the Labour party for a long time, and, sadly, there are women now in government who have always been on my side in secret gender-critical groups but do not have the courage to speak up when in government. That is a drastic lack of leadership and lack of courage. I feel very sorry for them.

I say to the Government that women are watching and men are watching. Women will be voting at the local elections, and most people in this country are women. The Government have a problem. Their problem is not that the Supreme Court ruling is too complicated to understand or implement, but that it is too clear for people to continue to misrepresent our activists.

--- Later in debate ---

[Marie Goldman]

The hon. Gentleman might be confusing two very different issues. There are deeply upsetting impacts on cisgender women, too, including heartbreaking stories, as I mentioned earlier, of women who have undergone cancer treatment being questioned over which toilet they use because they do not conform with what a woman “ought” to look like.

I am pretty sure that nobody in this Chamber today wants to live in a country where those who have suffered from cancer are worried that they will be challenged on their appearance when trying to use public toilets. Requiring women to use separate facilities, such as disabled toilets, instead of spaces that match their gender is also not a workable solution. I have heard from trans and non-binary individuals who say that it would effectively out them, exposing them to a greater risk of harassment or even violence and depriving them of their right to privacy.

Organisations that want to be inclusive have also been affected. Last year in a statement to the House, in which she welcomed the clarity provided by the Supreme Court, the Minister for Women and Equalities said:

“of course providers can offer inclusive services, should they choose to do so, so long as they are clear about who they are offering their services to.”—[Official Report, 22 April 2025; Vol. 765, c. 959WH.]

However, that has not been the case. I ask the Minister to clarify whether the Government’s position on that point has changed.

Along with Liberal Democrat colleagues, I have regularly called on the Minister for Women and Equalities to take action to solve these serious issues. I therefore cautiously welcome the news that the Government intend to lay the code in May. That will hopefully bring an end to the uncertainty and worry that the trans community, businesses and organisations have been exposed to for too long.

The Minister must ensure, however, that the new guidance is workable and inclusive. The Liberal Democrats will accept nothing less. It must lay out how it will protect the dignity, safety and rights of all, and ensure that trans people are not prevented from participating in public life because there are no facilities that they can safely use. As I think many of us would agree, it is also essential that the guidance is subject to full parliamentary scrutiny. It must have a full debate and a free vote.

[Rosie Duffield]

Will the hon. Member clarify, as the Liberal Democrats are opposed to what they see as the interpretation of the law—specifically the Equality Act 2010 —whether they propose a change to that Act? The EHRC is simplify clarifying the Supreme Court’s clarification of that existing law.

[Marie Goldman]

That was a timely intervention because my next paragraph deals exactly with that.

Separately, to deal with the unacceptable legal limbo that many trans people are in, I encourage the Minister to appoint a Joint Committee of MPs and peers, on a cross-party basis, to conduct post-legislative scrutiny of both the Gender Recognition Act 2004 and the Equality Act 2010. The Committee should take evidence from affected communities, including trans people, and propose any amendments or new legislation that it sees as necessary to ensure that existing rights are protected.

Trans people are worried for good reason. Two thirds of them have experienced harassment and violence simply because they were identified as trans. It is sadly an all-too-common theme throughout history that vulnerable minorities—in this case a minority that makes up less than 1% of the UK’s population—are scapegoated for society’s ills.

Education

Rosie Duffield Excerpts

Monday 16th March 2026 Written Corrections

The following extract is from Education Questions on 2 March 2026.

[Rosie Duffield]

… Unfortunately, the Government’s funding announcement in their White Paper is just a drop in the ocean compared with what is needed to radically improve SEND services in east Kent. Can the Minister tell me what other steps she will take to deliver urgently needed improvements in SEND provision in my constituency, as the funding looks likely to equate to only a few thousand pounds extra per school?

[Georgia Gould]

My hon. Friend will know that we have recently announced support to local authorities like Kent in order to address 90% of their deficits. We are building three new special schools in Kent and putting in place £3.7 billion in capital investment, and the allocation for Kent will be coming onboard shortly.

[Official Report, 2 March 2026; Vol. 781, c. 567.]

Written correction submitted by the Minister for School Standards, the hon. Member for Queen's Park and Maida Vale (Georgia Gould):

Oral Answers to Questions

Rosie Duffield Excerpts

Monday 2nd March 2026 Commons Chamber

[Olivia Bailey]

I welcome the hon. Gentleman to his place, but I am afraid he did not listen to the answer I just gave on this exact topic, which is that, in the consultation we announced today, we are consulting on whether a statutory ban is needed. Secondly, it is my firm belief that we have addressed the root cause of the problem, which is that the policies are not sufficiently clear and that they are not being well enough enforced. That is what we are doing by asking Ofsted to inspect these policies, and we are supporting schools through our attendance and behaviour hubs.

[Rosie Duffield (Canterbury) (Ind)]

5. What assessment she has made of the adequacy of SEND provision in Kent.

[The Minister for School Standards (Georgia Gould)]

The Department has worked closely with NHS England to monitor, support and challenge Kent in making necessary SEND improvements following its area SEND inspections in 2019 and 2022. This has included regular review meetings, attendance at its SEND partnership board and commissioning the support of an expert SEND adviser.

[Rosie Duffield]

I recently hosted a constituency SEND roundtable with education leaders and officials from the Department, where teachers stressed yet again that years of underfunding and diminished support services had left schools on their knees, often unable to meet the needs of the most vulnerable children. Unfortunately, the Government’s funding announcement in their White Paper is just a drop in the ocean compared with what is needed to radically improve SEND services in east Kent. Can the Minister tell me what other steps she will take to deliver urgently needed improvements in SEND provision in my constituency, as the funding looks likely to equate to only a few thousand pounds extra per school?

[Georgia Gould]

My hon. Friend will know that we have recently announced support to local authorities like Kent in order to address 90% of their deficits. We are building three new special schools in Kent and putting in place £3.7 billion in capital investment, and the allocation for Kent will be coming onboard shortly. We have announced £4 billion of extra investment to wrap around schools, including for speech and language therapists as well as money directly into school budgets.

Oral Answers to Questions

Rosie Duffield Excerpts

Monday 19th January 2026 Commons Chamber

[Georgia Gould]

I have seen real benefits from collaboration in saving money and sharing best practice to support children in their learning. However, as I have just set out, it is crucial that there is strong accountability, and we are legislating to bring in inspections for multi-academy trusts to ensure that there is strong governance and accountability.

[Rosie Duffield (Canterbury) (Ind)]

12. What recent progress she has made on publishing guidance for gender-questioning children in schools.

[The Minister for School Standards (Georgia Gould)]

The Department for Education is currently reviewing the draft non-statutory guidance for schools and colleges on gender-questioning children, looking carefully at the consultation response. We are clear that children’s wellbeing must be at the heart of this guidance.

[Rosie Duffield]

The Secretary of State told the House that the guidance for schools would be published by the end of 2025, yet here we still are without the guidance anywhere to be seen. There is immense pressure on schools, colleges, children’s homes and other settings to socially transition children, often irrespective of parents’ wishes, with the obvious potential risks of long-term psychological harm to the children, many of whom, like Keira Bell and some taking part in the upcoming puberty blockers trial, will go on to change their minds over time. When can schools expect the guidance?

[Georgia Gould]

This is about the wellbeing of children and young people, and it is critical that we get it right. It is therefore important that we consider the consultation responses and evidence carefully alongside the view of stakeholders and the Cass review, in order to get the guidance right for young people.

Oral Answers to Questions

Rosie Duffield Excerpts

Monday 10th March 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Education (Stephen Morgan)]

This Government have increased capital funding to improve the condition of school buildings to £2.1 billion for the next financial year. This will include funding for Dudley local authority to invest in improving the condition of its maintained schools, including Red Hall primary school. Capital funding and programmes for schools beyond 2025-26 will be confirmed following the spending review. I would be very happy to meet my hon. Friend, who is a real champion for children in her constituency.

[Rosie Duffield (Canterbury) (Ind)]

T9.   The University of Kent, which is the largest employer in my constituency, is making yet more redundancies due to the enormous debt it owes to international banks. Will the Secretary of State commit to holding crisis meetings with desperate universities and their creditors, to help secure more sustainable terms and a potential way out of the financial emergency that they face?

Oral Answers to Questions

Rosie Duffield Excerpts

Monday 9th December 2024 Commons Chamber

[Catherine McKinnell]

Local authorities have a statutory duty to ensure that there are sufficient secondary school places and that children can go to school, and travel should not be a barrier to their getting to school. I know how important this issue is for parents, and I would be happy to arrange a meeting for my hon. Friend to discuss it further.

[Rosie Duffield (Canterbury) (Ind)]

T7.   My constituent, 14-year-old Lewis, has been out of school for two years and his education has been disrupted for four. He is yet another child whose parents have been told by Kent county council that he must attend a particular school despite the school saying that it is unable to meet his specific educational needs. This is typical of the battle that many families I see have to go through for years, costing them time and money and causing infinite stress. Will the Minister meet me and the parents to ensure that he is one of the last children to suffer from Kent county council’s continual neglect of SEN children?

[Catherine McKinnell]

The hon. Lady raises an important matter, which far too many people are having to raise. I would be happy to meet her not only to discuss this matter further, but to reiterate the steps we are taking to fix this broken SEND system.

Education

Rosie Duffield Excerpts

Wednesday 25th October 2023 Ministerial Corrections

Students: Cost of Living

[Rosie Duffield (Canterbury) (Lab)]

What steps she is taking to help support students with the cost of living. [906624]

[Lilian Greenwood (Nottingham South) (Lab)]

What steps she is taking to help support students with the cost of living. [906632]

Oral Answers to Questions

Rosie Duffield Excerpts

Monday 23rd October 2023 Commons Chamber

[Gillian Keegan]

The introduction of the NFF will direct resources according to need. That has meant that funding has been redistributed to catch up with these changes. Those with the highest number of pupils with additional needs will also be targeted via the NFF.

[Rosie Duffield (Canterbury) (Lab)]

3. What steps she is taking to help support students with the cost of living.

[Lilian Greenwood (Nottingham South) (Lab)]

11. What steps she is taking to help support students with the cost of living.

[The Minister for Skills, Apprenticeships and Higher Education (Robert Halfon)]

This year and last year, the Government have provided £94 billion of cost of living support in England. In education, more than a third of children get free school meals. University tuition fees have been frozen and we have provided £276 million of student premium to help the most disadvantaged students.

[Rosie Duffield]

During my latest meeting with student leaders in Canterbury, they told me that, often, new students will visit the food bank, the Campus Pantry, before they have even unpacked their bags or settled in. In the 2021-22 academic year, 45 students visited; by 2022-23, that number had risen to 301—a 650% rise in regular food bank users. They expect a similar rise this academic year. What will the Government do to help all those, including students and staff on campus, who are forced to turn to food banks?

[Robert Halfon]

I know the hon. Lady cares deeply about the welfare of her students. We are doing everything we can to help students with the cost of living. I mentioned the £276 million. One of her universities, Canterbury Christ Church University, provides a £600 bursary to students. Every family has received from the Government on average £3,300 for energy bills and other support. We are trying to be fair to the taxpayer, but fair to students and ensure the most disadvantaged are helped.

BACKBENCH BUSINESS

Rosie Duffield Excerpts

Thursday 30th June 2022 Westminster Hall

[Rosie Duffield (Canterbury) (Lab)]

It may have already been mentioned by the hon. Member for Penistone and Stocksbridge (Miriam Cates), but there was a poster put out in primary schools by Educate & Celebrate, stating:

“Age is only a number. Everyone can do what they feel they are able to do, no matter what age they are”.

Does the hon. Gentleman agree that that is pretty alarming?

[Jim Shannon]

I share the hon. Lady’s concerns, as does the hon. Member for Penistone and Stocksbridge, who set the scene very well.

How can we expect our children to understand such complexities, and why should we force them to at an early age? It was clear to me that the hon. Member for Penistone and Stocksbridge was saying that this age is too young. As grandfather of five—soon to be six—I look to my grandchildren, who are of primary school age. I can say that the last thing that their parents, or indeed their grandparents, want is someone else teaching them about these sensitive issues. It should be for a family to decide the correct time and what approach they take.

I appreciate that the health and education systems are devolved, that the Minister here has no responsibility for Northern Ireland—I always mention Northern Ireland in these debates, because it is important that we hear perspective on how we do things in our own regions across this great United Kingdom of Great Britain and Northern Ireland—and that the extremity of what is being in schools does not currently apply to some devolved Assemblies, but there is no doubt that this could evolve. I want to reinforce with the utmost passion the importance of the family unit, which is exactly what some of the curriculum is destroying. I know that my concerns about that are shared by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), the hon. Member for East Worthing and Shoreham (Tim Loughton), and others in the House.

Nobody knows a child better than their parent, and I for one do not understand why the decision to teach children about sex and relationships has been taken out of the hands of families—parents and grandparents—wholly without their consent. The hon. Member for Penistone and Stocksbridge gave examples; I am concerned about similar examples back home in Northern Ireland.

I believe that sex education in high schools should be taught within the parameters of biology—that is the way it should be—and that pupils should be taught the value of understanding themselves emotionally. However, the problems arise when the curriculum allows teachers to seek to mould minds, rather than allowing children to formulate their ideas and feelings. We must bear in mind that there is a line between what a child should be taught in school and what a parent chooses to teach their children at home.

The Northern Ireland framework for sex education states that it should be taught:

“in harmony with the ethos of the school or college and in conformity with the moral and religious principles held by parents and school management authorities.”

That is what we do in Northern Ireland, and I think we can all hold to that statement as being not too far away from what we should be doing—but those moral and religious principles held by parents and school management have become somewhat ignored.

It is crucial that we do not unduly influence young people or pupils’ innocent minds by teaching extreme sex and gender legislation. I have seen some material taught in Northern Ireland, such an English book that refers to glory holes, sexual abuse of animals and oral sex. That book was taught to a 13-year-old boy, whose parents were mortified whenever they saw it, and the young boy had little to no understanding of what was going on. I wrote to the Education Minister in Northern Ireland, asking how that book could ever be on a curriculum and what possible literary benefit—there is none—could ever outweigh the introduction of such concepts.

There needs to be a greater emphasis on the line between what is appropriate to be taught at school and at home, and a greater respect for parents and what they want their children to be taught. Family values should be at the core of a child’s adolescence education, as it is of a sensitive nature and needs to be treated carefully, with respect and compassion.

--- Later in debate ---

[The Minister for School Standards (Mr Robin Walker)]

I congratulate my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates), along with my hon. Friend the Member for Thurrock (Jackie Doyle-Price) and the hon. Member for Canterbury (Rosie Duffield), on securing today’s debate. I extend my thanks to everybody who has spoken in the debate; I apologise if I do not have time to respond to every single point that was made, but I think I can respond to many of the points made by the hon. Member for Portsmouth South (Stephen Morgan).

I have listened carefully to some of the examples that have been given by Conservative and Opposition Members, in particular those cited by my hon. Friend the Member for Penistone and Stocksbridge. There is no doubt that some of those things are totally unsuitable for school-age children: “age is only a number” is clearly an unsuitable phrase to be used in the context of consent, and the Department has been clear that the Proud Trust’s dice game is unacceptable for use as a school resource. I have to say that, despite a lot of coverage of that particular issue, we are unaware of any individual cases in which that game has been used in schools.

High-quality relationship and sex education is important, and—as my hon. Friend has set out, based on her own experience—can play a key role in keeping children and young people safe, equipping them to understand and resist harmful influences and expectations. It can do so only if it is taught well and appropriately, and good teachers working in good schools that engage expertly with parents can find the right balance. To support teachers to deliver in the classroom, we have run expert-led teacher training webinars that covered pornography, domestic abuse and sexual exploitation—topics that teachers told us they find difficult to teach. We also published additional guidance to schools on tackling abuse, harassment, and other sensitive topics.

It has been almost three years since the Department published statutory guidance on relationship, sex and health education, and almost two years since relationship education became a compulsory subject for all schools and relationship and sex education became a compulsory subject for all secondary schools. As has been acknowledged, primary schools can choose to teach sex education in order to meet the needs of their pupils, but if they do so, they must consult with parents on their policy and grant parents an automatic right to withdraw their child from sex education lessons.

[Rosie Duffield]

Does the Minister agree that, given that point about parents wanting to see the material, it is disturbing that my colleagues and I have heard reports from headteachers that they are not allowed or enabled to share that material from some of the groups because it is deemed “commercially sensitive”?

[Mr Walker]

It is concerning, and I want to come to that in more detail, because I think I can help provide some clarification.

At the heart of RSHE is the need to keep children healthy, happy and safe. The hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) gave a very powerful example of where more education could make a difference in terms of safety. I sympathise with his deep hurt. My hon. Friend the Member for Thurrock also spoke passionately about safety and the centrality of consent. That includes knowing the law on relationships, sex and health, teaching about relationships from primary school onwards and ensuring that younger children understand the importance of building caring friendships and learn the concept of personal privacy, including that it is not always right to keep secrets if they relate to being safe, and that each person’s body belongs to them.

In the schools White Paper, the Government committed to keeping children safe by strengthening RSHE, as well as our statutory safeguarding guidance “Keeping children safe in education”. The hon. Member for Kirkcaldy and Cowdenbeath (Neale Hanvey) spoke about the centrality of safeguarding in that. That will support schools to protect children from abuse and exploitation in situations inside and outside school. The guidance is updated annually, and it is clear that schools and colleges should be aware of the importance of making it clear that there is a zero-tolerance approach to sexual violence. Sexual harassment is never acceptable. It should not be tolerated and never be passed off as banter, just having a laugh, part of growing up or boys being boys. Failure to do so could lead to an unacceptable culture of behaviour, an unsafe environment or, in the worst-case scenarios, a culture that normalises abuse, so that children accept it as normal and do not come forward to report it.

The RSHE statutory guidance advises schools to be alive to issues such as sexism, misogyny, homophobia and gender stereotypes and to take positive action to tackle those issues. As part of relationships education, all primary school pupils are taught about the importance of respect for relationships and the different types of loving, healthy relationships that exist. Pupils will also be taught about boundaries and privacy and how to recognise and report feelings of being unsafe. To support teachers to deliver those topics safely and with confidence, we have produced RSHE teacher training modules, which are freely available on gov.uk. We have also committed to developing a further package of support for teachers to deliver lessons on sensitive topics, such as abuse, pornography and consent. That package includes teacher webinars delivered from March 2022 onwards and non-statutory guidance, which offers practical suggestions for supporting children and young people to develop healthy, respectful and kind relationships. The guidance has been informed by an evidence review, stakeholder input and an expert teacher group, and we will publish it this autumn.

The Ofsted review of sexual abuse in schools and colleges found that online forms of sexual abuse are increasingly prevalent, with 88% of girls and 49% of boys reporting being sent unwanted sexual images and 80% of girls and 40% of boys pressured to provide sexual images of themselves. The review also showed that children, even in primary schools, are accessing pornography and sharing nude images. We want to make sure that children receive appropriate teaching in schools on topics that are relevant to their lived experience, rather than going online to educate themselves. Through the RSHE curriculum, pupils will be taught about online relationships, the implications of sharing private or personal data—including images—online, harmful content and contact, cyber bullying, an overreliance on social media and where to get help and support for issues that unfortunately occur online. Through the topic of internet safety and harms, pupils will be taught to become discerning customers of information and to understand how comparing oneself with others online can have an impact on one’s own body image. The Department is reviewing its guidance on teaching online safety in schools, which supports teachers to embed teaching about online safety into subjects such as computing, RSHE and citizenship. The guidance will be published in the autumn of this year. The Online Safety Bill will also ensure that children are better protected from pornographic content, wherever it appears online.

The statutory RSHE guidance sets out the content that we expect children to know before they complete each phase of education. We have, however, been clear that our guiding principles for the development of the statutory guidance were that all the compulsory subject content must be age-appropriate and developmentally appropriate. It must be taught sensitively and inclusively, with respect for the backgrounds and beliefs of pupils and parents, while always with the aim of providing pupils with the knowledge they need. Given the need for a differentiated approach and the sensitive and personal nature of many of the topics within the RSHE curriculum, it is important that schools have the flexibility to design their own curricula, so that it is relevant and appropriate to the context of their pupils. The Department’s policy, therefore, has been to trust the expertise of schools to decide the detail of the content that they teach and what resources they use.

As mentioned previously, we have made a commitment in the White Paper to strengthen our guidance in this respect. We will also review and update that guidance regularly—at least every three years. We are confident that the majority of schools are capable of doing this well and have been successful in developing a high-quality RSHE curriculum that is appropriate to the needs of their pupils, but, in the context of this debate, it is clear that that is not always the case and that there are genuine concerns about many of the materials that have been used.

I stress that allowing schools the flexibility to make their own decisions about their curricula does not mean that they should be unaccountable for what they teach. Schools are required by law to publish their RSHE policies and to consult parents on them. As their children’s primary educators, parents should be given every opportunity to understand the purpose and content of what their children are being taught. In the RSHE statutory guidance, which all schools must have regard to, we have set out a clear expectation for schools to share examples of resources with parents. Schools are also bound by other legal duties with regard to the delivery of the wider curriculum. All local authority maintained schools are required to publish the content of their school curriculum, including the details of how parents or other members of the public can find out more about the curriculum that the school is following. There is a parallel requirement in academy trust model funding agreements for each academy to publish the same information on its website. It is our intention that that should form part of the new standards for academies.

My hon. Friend the Member for Penistone and Stocksbridge raised the point, which my hon. Friend the Member for Aberconwy (Robin Millar) echoed, that last week, in a Committee debate on the Schools Bill in another place, peers highlighted the fact that some schools believed that they were unable to share resources with parents because intellectual property legislation placed restrictions on them. We are clear that schools can show parents curriculum materials, including resources provided by external organisations, without infringing an external provider’s copyright in the resource. For example, it is perfectly possible for a school to invite parents into the school to view materials on the premises. Although of course we have to be mindful of not overburdening schools with repeated requests, we do expect schools to respond positively to all reasonable requests from parents to share curriculum material. We therefore expect schools to share RSHE content and materials with parents openly and transparently, where requested. We are clear that they should not enter into any contracts with third parties that seek to restrict them from sharing RSHE resources with parents.

The RSHE train the trainer programme, which we delivered from 2020 to 2021, brought to light several examples of good practice, including in schools that had engaged with parents effectively, but I apologise that I will not have time in this debate to address those.

Many schools draw on the expertise of external organisations, as we have heard, to enhance the delivery of RSHE, and many will use resources that are produced externally. To help schools to make the best choices, the Department published the non-statutory guidance, “Plan your relationships, sex and health curriculum”. That sets out practical advice for schools on a number of topics, including using externally produced resources. Indeed, my hon. Friend the Member for Penistone and Stocksbridge quoted from it.

Concerns have been raised today about what schools teach pupils on transgender issues. School should be a safe and welcoming place for all pupils. We believe that all children should be supported while growing up. However, we recognise that gender identity can be a complex and sensitive topic for schools to navigate and that there is sometimes tension between rights based on the two protected characteristics of sex and gender reassignment. We are working with the Equality and Human Rights Commission to ensure that we are giving the clearest possible guidance to schools on transgender issues. We will hold a full public consultation on the draft guidance later this year. Given the complexity of the subject, we need to get this right and we want to take full account of the review being conducted by Dr Hilary Cass.

I realise that my hon. Friend the Member for Penistone and Stocksbridge will need time to respond, so I conclude by saying that I hear very clearly the concerns that have been expressed. As a parent of both a girl and a boy, I know that we need to address these issues and to do so in a way that can reassure parents but continue to deliver high-quality relationships, sex and health education.

Higher Education (Freedom of Speech) Bill

Rosie Duffield Excerpts

2nd reading
Monday 12th July 2021 Commons Chamber

[Rosie Duffield (Canterbury) (Lab)]

Freedom of speech is one of the building blocks of a democratic society. Here in the UK, we take ours for granted, and hearing a variety of opinions on every important issue helps us to form our own and helps us to choose political, societal and cultural leaders who represent our own beliefs, reflect our values, and pledge to uphold them when in public office. Similarly, we learn what we find unacceptable, what to reject at the ballot box, and how to form and strengthen our own arguments against the views with which we disagree.

I remember how sinister it seemed when Mrs Thatcher’s Government chose to ban the voices of Sinn Féin from 1988 until 1994, so that broadcasters had to use actors’ voices instead. While there were very strong arguments for doing so—I certainly have no agreement or any affinity whatsoever with the actions associated with that group, which, at the time, affected my family directly—banning the public from hearing what they had to say seemed controlling, disturbing, patronising and heavy-handed as it potentially prevented those of us with an interest in politics from forming our own full views on one of the key political topics of that era. Similarly, in a recent Bill, the Government have banned peaceful political protest and demonstrations, which is a vital way to make our views heard.

The recent trend to no-platform those whose opinions we may not like feels somewhat sinister, too. After all, universities are think-tanks and seats of learning. We must be able to hear from a variety of academics, writers and thinkers on both current and historical issues. Increasingly, academic freedom has sadly become a feminist issue, too. It is not an earth-shattering surprise that there is a worrying trend to no-platform or cancel mostly women from some universities. Recent high-profile cases include writers and broadcasters such as Germaine Greer, Julie Bindel, and Jenni Murray; and academics such as Kathleen Stock, Alice Sullivan, Rosa Freedman, Selina Todd, Shereen Benjamin and many others. Far from being just a handful of women accused of wrongthink and condemned as heretics, this is just the tip of the iceberg as many students, too, have been asking the wrong kinds of questions. Crucially, in such cases, the women and some men themselves are then considered to be banned as people and become the subject of targeted harassment, both in their places of work and across social media. It is vital that women are allowed to speak, vital that we are allowed to question, and vital that we are able to keep pushing open doors that have previously been closed to us.

Of course, academic freedom and freedom of speech must also be balanced. Students and staff have to feel safe from hate and prejudice. Recently, the all-party group against antisemitism, of which I am a vice-chair, has written several letters to the vice-chancellor of Bristol University to condemn the views expressed by one of their staff. Holocaust denial is not a legitimate opinion or a valid point of view. Perhaps those who think so have missed the testimony of survivors or the very real evidence that still exists on the sites of those atrocious acts of evil. So, too, must we be allowed to dissect our past role in the repulsive histories of slavery and colonialism. Those facts must be taught in an honest and unfiltered way in order for us to view them from where we are now and in the context of our society today.

There has to be a balanced approach, and we have to be able to entrust universities and their staff and unions with this issue, but I am not convinced that legislation is the way to go. Universities are under increasing commercial pressure, and in a more competitive market, threatening legal action over their decisions is not going to help when they have been under considerable financial strain. How do we ensure that the balance between freedom of speech and hateful prejudice is maintained? Is a set of rules and a threat of financial penalties the best way to protect freedom of speech? Why are the proposals framed around freedom of speech, not academic freedom? As the academic Shereen Benjamin writes:

“Academic freedom specifically refers to the freedom of all members of universities…to pursue whatever lines of enquiry they decide, in research, teaching and public engagement, without fear or favour.”

While I broadly support the aims of this Bill and think that it raises some really important points for debate, I do not believe legislation right now is entirely necessary; it seems a little like a sledgehammer to crack a nut.