Equality Act 2010: Impact on British Society

Seema Malhotra Excerpts

Wednesday 10th September 2025 Westminster Hall

[The Minister for Equalities (Seema Malhotra)]

It is a pleasure to serve under your chairship, Dr Allin-Khan, and to respond to the debate, and I thank the hon. Member for Romford (Andrew Rosindell) for securing it. It is important that we discuss these issues in this place and have a debate about what evidence we use in these debates, whether some evidence should be challenged and what opportunities there are to look at other pieces of evidence differently. It is important to continue to have an evidence-based discussion, be respectful when we challenge the premises on which we choose to build our opinions and come back to what we all want to see: equality of opportunity for all.

On the first point on which I gently—or perhaps not so gently—disagree with the hon. Gentleman, I fundamentally believe that equality enables freedom for people to be able to live their lives, to rent and to work, without fear of discrimination or prejudice holding them back.

An important point was raised in this debate: we all want and believe that everybody should be equal under the law. They should be and I hope that they are, but there is a fundamental question about what happens when somebody is discriminated against and how our legal framework can bring redress. We are talking not about whether we believe in equality, but whether we believe that the law should defend people’s equality, and whether that is a value we all subscribe to.

Let me say something about how this has become about identifying whether someone is British. Let me tell the hon. Member for Romford that I am proud to identify as British before anything else, as somebody who was born in Hammersmith. He may also want to challenge those who, on my appointment as a Foreign Office Minister this week—perhaps he did not get the same on his appointment as a shadow Foreign Office Minister—told me that I was another foreigner and should go home. This is my home. This is my country. This is my Parliament. It is important that everything we say in this House defends our democracy and people’s right to live their lives in this country equally.

It is important that we understand our responsibility as legislators to ensure that we have a legal framework that defends people’s rights, particularly against a rising climate of hate and racism. I am sure that all Members across the House, whatever their background, will want to ensure that all their constituents—many of whom will have lived here for decades, bringing up their families, being law-abiding citizens, paying their taxes, contributing to our public services, starting and growing their businesses—are protected under the law. It is extremely important that we do not go backwards on the rights and freedoms that we protect under our legislation.

I welcome this opportunity to champion the positive impact of Labour’s Equality Act 2010. This year is the 15th anniversary, which is an important chance to recognise the other side of the argument: the achievements of that historic, landmark legislation. The Act was passed by giants of our movement, and I pay tribute to the right hon. Baroness Harman for her work on it. With a vision of bringing legislation together to simplify it and avoid different parts competing against one another, Britain’s equalities provisions were consolidated into one Act of Parliament, cementing rights in Britain for generations to come, empowering people who experience discrimination with the knowledge that they have the law and systems on their side and, importantly, giving them redress when it is needed.

[Claire Coutinho]

I thank the Minister for her speech. Labour Members always try to equate protections against discrimination and harassment with the entirety of the Equality Act but, as many have said, protections against discrimination and harassment existed before the Act. They also exist in many other pieces of legislation, such as the Public Order Act 1986 and the Malicious Communications Act 1988. What answer does the Minister have to my questions about the public sector equality duty, which talks about advancing equality by taking specific action to address disproportionate participation? That is where we have seen some internships excluding young white people, for example.

[Seema Malhotra]

Let me make a couple of remarks in response to the right hon. Lady’s challenge. It is important that our legislation is used in a way that follows the letter and spirit of the law. I do not want to see debates like this become culture wars. We want to be led by the evidence.

The right hon. Lady raised the issue of white working-class males. We have seen in the data that there is an underperformance among that group, which is really important. It is unacceptable that any young person is either not given the opportunity to succeed or not supported. Over the next year, it is our priority to tackle head-on the gap facing white working-class pupils, which the right hon. Lady will know because she is an avid follower of what the Government are doing. It is important that we look at where there is underperformance statistically and whether there are systemic issues in relation to that. This autumn, our schools White Paper will set out an ambitious and practical plan for tackling generational challenges; that is important, and I am sure the right hon. Lady will want to contribute to the Government’s work in that respect.

I will come back to a couple of other points should time permit, including about positive action provisions, which relate to the right hon. Lady’s own Government’s guidance. The positive action provisions in the Act allow limited exceptions to the general position that one group should not be treated better or worse than another. Lawful positive action is always voluntary and must relate to one or more of three conditions: addressing a disadvantage associated with a protected characteristic; providing for a protected characteristic group’s specific needs; or tackling disproportionately low participation by a group. The previous guidance, published in 2023, makes it clear that that is very different from positive discrimination. The right hon. Lady knows that mandatory quotas to recruit or promote people from a particular group irrespective of merit would be unlawful.

I want to make some points about the progress we have seen under the Equality Act and equality legislation, from ending child labour through to votes for women and the Race Relations Act—Labour’s first equality legislation around 60 years ago. Social progress often means that what was once controversial becomes a new normal—a new baseline. Indeed, legislation can change culture, just as culture can change legislation. I am proud that we are in what I hope is a more equal society—one that is more tolerant and believes in respect for each other—compared with the environment that my parents found when they first came to Britain to work, to contribute and to be in business. My mum was a teacher. What they experienced was dramatically changed by the legislation that was brought in, and that gave me opportunities. I remember being spat at when I walked down the street in Feltham and other places, but we are now in an environment where everyone should be able to grow up proud of who they are and able to play their part equally in British society.

Our landmark legislation was a triumph for how the whole nation, including business and unions, came together. I am incredibly proud that we have seen progress, from the implementation of the minimum wage to scrapping section 28 and bringing in same-sex marriage. If we were to scrap all our equality legislation, we might want to answer the questions that would be raised by Members of Parliament who are in same-sex relationships and who have married their partners. I could draw on the example of my hon. Friend the Member for Central Ayrshire (Alan Gemmell) and others. If we rolled back all our equality legislation, what would we be saying to them about how they have been able to come together, marry their loved ones and live their life in Britain, just as we should allow anybody to marry the person they love?

A handful of people in this House would like to take us backwards, to a time before our values were underscored in law and before fairness was put at the heart of our legal framework, but I believe it is important to be proud of the rights we are afforded by the Equality Act. I am a little unsure of the time I have remaining.

[Dr Rosena Allin-Khan (in the Chair)]

You can enjoy a little more time.

[Seema Malhotra]

I have a few additional remarks. Our Equality Act had a number of objectives: first, to bring together myriad pieces of primary and secondary legislation that had built up, so that we could have one clear, coherent framework that the British people could feel confident in; secondly, to modernise some of the language and concepts used, to make them clearer and more accessible, such as the fact that discrimination linked to breastfeeding is sex discrimination; and thirdly, to strengthen the law by, for example, introducing protection from discrimination by association across various protected characteristics. ACAS guidance gives as an example of the latter a parent being unfairly dismissed from work because of time taken off at short notice to care for their disabled child.

It is important to recognise the progress we have made and where we want to go further. Building on the success of gender pay gap reporting, we committed in our manifesto to introduce mandatory ethnicity and disability pay gap reporting for large employers, and to make the right to equal pay effective for ethnic minority and disabled people. The hon. Member for Romford might be interested to know that we have been working on that with business, and that many large businesses already follow such practice. We had a consultation and call for evidence, which we are looking at before coming back to the House. Leaders of successful international businesses have told me that more transparency and awareness enables a shift to a more inclusive culture, raising awareness and improving transparency. It also improves staff morale and satisfaction, respect for others and their backgrounds, and understanding—all things that I believe the hon. Member would be keen to see for his constituents and for others across the country.

Let me address some of the other points made in the debate, starting with addressing head-on the point about the definition of Islamophobia and the ongoing working group. Members will have heard it said in Parliament before that, should the Government accept the recommendations of the working group, the definition used will be non-statutory. It will enable the Government and other relevant bodies to have a greater understanding of the unacceptable treatment and prejudice against Muslim communities.

We have seen a massive rise in hate crime against the Muslim and Jewish communities, which accounts for about 71% of hate crime in the past year. As the right hon. Member for East Surrey (Claire Coutinho) knows, the working group’s proposed definition must be compatible with the unchanging right of British citizens to exercise freedom of belief and expression, which includes the right to criticise, express dislike of or insult religions and/or the beliefs and practices of adherence. We fundamentally believe in freedom of speech but we do not believe in hate. It is important to have a legal framework that supports people’s rights to have their own freedom of religion and belief, without fear of what could happen to them.

We see our work on equality and tackling barriers to opportunity as being at the heart of how we support positive and inclusive growth for our economy and communities. The strong equalities framework drafted by the previous Labour Administration, further enhanced by the commitments of this Government, is ultimately about fairness for all, and will see us boost productivity and household income, getting more money in people’s pockets and raising living standards for all as we deliver the next phase in our programme of government renewal.

Let me come back on the comment about rainbows on roads and pavements. I remember that during the pandemic rainbows were everywhere, for what they symbolise in so many ways, including a commitment to equality. Perhaps the issue of road repairs is less about rainbows drawn on pavements and roads and much more about the cuts made under the previous Government. My local authority saw a 60% cut in income in the first 10 years of the Conservative Government. That had a massive impact on how we were able to renew and maintain infrastructure in our community. The hon. Member for Reigate (Rebecca Paul) should know that dealing with roads and potholes is a priority not just for central Government but for my local government in Hounslow.

In conclusion, I want to be clear that the Government are very proud of the Equality Act 2010 and remain committed to improving equality and fairness for all through our Employment Rights Bill and other legislation. I look forward to seeing that come forward in our legislative programme.

Oral Answers to Questions

Seema Malhotra Excerpts

Tuesday 12th March 2024 Commons Chamber

[Mr Mitchell]

On the hon. Gentleman’s final point, which I think was the question, the answer is yes, but in respect of everything else he said, the answer is no.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Women in Gaza are giving birth without even having a chair to sit down on. They are having caesareans without medication. The Minister will know that many aid agencies have repeatedly called out the horrific suffering of the Palestinian people and Israel’s unacceptable restriction on aid flows. We have been talking about the urgency of an immediate humanitarian ceasefire; how urgently are the Government actually pushing for this with both sides and with partners in the middle east—not just for the urgency of the ceasefire, but for a plan for what comes next?

[Mr Mitchell]

I can reassure the hon. Lady that on both of those two points—pressing for a pause and pressing all the regional powers on what comes next—the Government are actively and continually engaged. On her first point about the terrible plight of women in Gaza, that is why the British Government gave nearly £5 million just a week or so ago specifically to try to alleviate the desperate circumstances in Gaza that so many women find themselves in.

Israel and the Occupied Palestinian Territories

Seema Malhotra Excerpts

Monday 29th January 2024 Commons Chamber

[Mr Mitchell]

The action that UNRWA needs to take is pretty clear: it needs to make sure that nothing like this can ever happen again. I emphasise that we are not cutting humanitarian supplies to UNRWA at this time. We have paid up the money required for UNRWA to continue, and there is nothing planned until April—even before these terrible events, there was nothing planned until April—but we will review future funding in the light of the inquiry, which the Secretary-General will be receiving as swiftly as possible.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I echo and support the words of my right hon. Friend the Member for Tottenham (Mr Lammy). International law must be upheld and the ICJ’s ruling must be implemented in full.

UNRWA has done vital work since 1950, and it supports refugees on the west bank and in Jordan, as well as in Gaza. UNRWA educates half a million children. The Minister mentioned the stabilising effect of its work in a very conflict-driven region. Following the suspension of 12 UNRWA staff, out of 13,000, and the rightful condemnation of their actions, will the Minister clarify the assurance that UNRWA operations will continue while investigations take place, and that ordinary Gazans will still be able to access that vital aid?

[Mr Mitchell]

On the hon. Lady’s final point, UNRWA humanitarian operations, getting aid to people who need it, will not be fettered in any way by the British decision. She will be well aware that there are very significant logistical problems outside that, but the effect of the decision that we have made about suspending future payments does not affect the payments we have made already. I recognise the importance she attaches to getting more aid and humanitarian support into Gaza, and that is the absolute intention of the British Government.

Israel-Hamas War: Diplomacy

Seema Malhotra Excerpts

Monday 11th December 2023 Commons Chamber

[Mr Mitchell]

My hon. Friend expresses the balance very clearly and very well, particularly in the first part of his question. The important point, which Britain makes continually to Israel, is that its response must be proportionate, and it must operate within international humanitarian law.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

We urgently need to see steps towards a permanent ceasefire and an end to hostility on all sides, but the Minister is right that neither Israel nor Hamas have agreed to that. In seeking the release of hostages, and knowing that we need to see an end to Hamas’s influence and place in Gaza, there ultimately needs to be an alternative to Israel’s current strategy, with hospitals now at breaking point, food and medicine not getting through, and effectively the de-development of Gaza. What are the Government doing to push for a consensus at the UN, and for a strategy to ensure that the International Criminal Court will be able to hold all parties to account for their conduct?

[Mr Mitchell]

The hon. Lady makes an important point about the critical need to get support into Gaza. Yesterday, 100 trucks got through, and 300,000 litres of fuel got through during 9 and 10 December. It is nothing like enough, but we are doing everything that we can in respect of the humanitarian effort, alongside our likeminded partners, to galvanise the international humanitarian community to get aid into Gaza. It is not an issue of getting aid into the region; the aid is there, and there is plenty more back-up to come. It is about actually getting it into Gaza. We are stretching every sinew to try to achieve an increase in humanitarian support as fast as we can.

Gaza: Humanitarian Situation

Seema Malhotra Excerpts

Monday 4th December 2023 Commons Chamber

[Leo Docherty]

That is at the front and centre of our diplomatic effort internationally. Obviously there is a complex web of negotiation effort on which I will not comment in detail, but we are painfully conscious of the need to exert all our institutional effort to bring those people home safely.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

The humanitarian crisis in Gaza is unspeakable, with 1.8 million people now displaced, 33,000 injured—and the number of hospital beds down to about 1,400 and dropping—and more than 15,000 dead. My constituent Noura has lost her brother and nephew, who were blown up in their home after they went back when they thought it was safe to do so. Her sister-in-law has lost her limbs, and two other children are in hospital in intensive care.

I need to ask the Minister these questions. What is the plan for humanitarian visas? What is the plan for safe zones, and how serious is it? What is the plan for people who have lost their homes, their family members, and their limbs? What is the plan, seriously, to work with international allies towards a permanent ceasefire, the release of hostages, and a proper political solution?

[Leo Docherty]

The hon. Lady makes a good point about the impact on hospitals. That is why we have tripled our aid. We are focused on channelling it through the UN agencies that can most effectively help people in hospitals, whether by the provision of fuel or other supplies. That is the groundwork that we hope will eventually unlock the political phase to improve the solution. It is humanitarian first, with the politics in tandem, which we are also doing.

International Development White Paper

Seema Malhotra Excerpts

Tuesday 21st November 2023 Commons Chamber

[Mr Mitchell]

My right hon. Friend speaks with great wisdom; from what we have heard today, her final point is clearly being achieved, which is very welcome. What she says about women’s voices being silenced and their fundamental rights being fettered is, I fear, absolutely right, and the White Paper addresses that head-on. We are finding ways of stopping impunity and calling to account those people who abuse human rights in a number of new ways that target accountability, and which I know my right hon. Friend—who chairs the all-party parliamentary group on Sudan and South Sudan—welcomes.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I thank the Minister for his important statement and White Paper. He has stated that humanitarian needs are at their highest level since 1945, and has also rightly stated that the devastating events in Israel and Gaza bring home the humanitarian cost of conflict, which was so powerfully expressed by my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams). He will agree that humanitarian and development co-operation are key to British foreign policy, so could he outline the Government’s commitment to supporting the ongoing work of the United Nations Relief and Works Agency and the important development and humanitarian work in the middle east, particularly with UNRWA having lost so many staff in Gaza? That ongoing work is needed, both now and for the long term.

[Mr Mitchell]

The hon. Lady makes an extremely good point about the increase in humanitarian need—as she rightly, says, it has increased significantly—that I set out in my statement. That is why we have found £1,000 million to allocate in a budget for tackling humanitarian need next year. If she has a chance to look at the White Paper, she will see that it includes the resilience adaptation fund, which is designed to ensure that when crises take place, we can do things such as provide for greater irrigation, water retention and reservoir capacity in a drought, so that in the event that such crises take place again—which, alas, happens all too often—their impact is not as great as before.

The hon. Lady asks specifically about UNRWA. As we know, a very large number of UNRWA humanitarian workers have lost their lives, along with others, in the Gazan conflict. Any attack and any loss of life by a humanitarian worker is deeply to be regretted. Those are people who have put themselves in harm’s way for fellow members of humanity. They are unarmed and just trying to do good to their fellow citizens. On the humanitarian need overall, climate change has particularly exacerbated that, and it is of course the poorest who are hit first and hardest, as the White Paper emphasises.

Occupied Palestinian Territories: Humanitarian Situation

Seema Malhotra Excerpts

Wednesday 8th November 2023 Commons Chamber

[Mr Mitchell]

In response to the hon. Lady’s request for a meeting, she will know that the crisis centre in the Foreign Office, which is full of both willing volunteers and experts in these consular matters, will be the right place to take this issue. However, I will certainly meet her immediately after this statement.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

A doctor sent a message last night from Gaza saying, “We have worms coming out of wounds even after we do surgeries. Nothing is clean. Nothing is sterile.” It is clear that we need an urgent cessation of hostilities on all sides on humanitarian grounds, because the situation in Gaza is now unspeakable. At the same time, as well as condemning settler violence in the west bank, we need more action to bring an end to it. May I bring the Minister back to a question of accountability under international law, following the question from my hon. Friend the Member for Sunderland Central (Julie Elliott)? Will the Minister confirm that the Government support the independence of the International Criminal Court and recognise its jurisdiction to address the conduct of all parties in Gaza and the west bank?

[Mr Mitchell]

We are very strong supporters of the International Criminal Court, and that has been true under Governments from both the main parties. On the hon. Lady’s important point that we need to see an end to settler violence, the Government entirely agree.

Gaza: Al-Ahli Arab Hospital Explosion

Seema Malhotra Excerpts

Wednesday 18th October 2023 Commons Chamber

[James Cleverly]

The hon. and learned Lady will know that legal advice within the Department is for Ministers, to inform our decision making. The broader point is that we do of course want to end the suffering that Palestinians are experiencing, and the best way of doing that is to remove the yoke of Hamas from their shoulders—which is why we support, within the framework of international law, Israel’s right to self-defence.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Hundreds of my constituents have written to me expressing horror at the attacks that have happened in Israel and, now, at the unfolding catastrophe in Gaza. One of them has 25 family members in Gaza.

Al-Ahli is one of 22 hospitals in northern Gaza. In view of the hundreds killed last night, the children writing their names on the palms of their hands, and the mothers giving birth in the street as their homes are destroyed and their hospitals damaged, can the Foreign Secretary update the House on the action being taken with international partners now to ensure that hospitals and medical staff are being protected, given that he said earlier today that he was not sure of the situation relating to hospitals? It is estimated that there are 50,000 mothers in Gaza, including pregnant mothers. Will the Foreign Secretary update us on whether there is a plan for their healthcare, and on whether he is confident that that is being dealt with and urgently needed medical and humanitarian supplies are getting through?

[James Cleverly]

As I said earlier, in a fast-evolving situation during a conflict such as this, it is extremely difficult to conduct an up-to-date assessment of the ability of medical facilities in Gaza to maintain operations. We do of course want civilians and civilian infrastructure to be protected wherever possible, and we have communicated that to Israel, but let me say again that protecting them is made infinitely more difficult in these circumstances, because Hamas and other terrorist organisations specifically embed themselves in civilian infrastructure. That is a long-standing habit of such organisations.

Violence in the West Bank

Seema Malhotra Excerpts

Tuesday 4th July 2023 Commons Chamber

[Anne-Marie Trevelyan]

As I say, Lord Ahmad will be speaking to the Israeli ambassador later and will be making clear that we want to ensure that medical supplies are able to get into refugee camps to provide the care that is needed to those who are injured as a result of the violence of the past few days.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Reports from Jenin are shocking, particularly reports that medical teams are unable to get access to civilians in need. I support what the Chair of the Foreign Affairs Committee, the hon. Member for Rutland and Melton (Alicia Kearns), said about having steps towards a solution and an ending of Israeli settlements. The United Nations Office for the Coordination of Humanitarian Affairs reports there have been at least 570 attacks by settlers against Palestinians in the west bank this year, which is an average of three attacks a day. What is the Minister doing, in discussions with her counterparts, on tackling Israeli settler violence, as well as on the issues faced because of new Palestinian militant groups? Action is needed now to de-escalate the situation, as well as looking again at the international funding for the United Nations Relief and Works Agency, which is vital to support Palestinian refugees.

[Anne-Marie Trevelyan]

As I say, we condemn settler violence in the strongest possible terms and we urge the Israeli authorities to do what they can. The Foreign Secretary’s statement, published with Australia and Canada at the end of last week, highlighted the very clear demand that the Government of Israel reverse their decision to approve over 5,700 new settlement units in the west bank and change the settlement approval process. We will continue to work with allies to achieve that.

Israel and the Occupied Palestinian Territories

Seema Malhotra Excerpts

Thursday 23rd March 2023 Commons Chamber

[Anne-Marie Trevelyan]

The Abraham accords have provided an opportunity to move forward, and we were pleased to see progress at the Aqaba and Sharm el-Sheikh meetings earlier in the year, and we continue to support and encourage all sides to continue that process. This is difficult—we understand that—and we stand ready to support all to ensure that a two-state solution is the one that we reach.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

This week, a ban was lifted to allow Israeli citizens back into the sites of four settlements in the occupied west bank. The UK must stand firm against any steps towards annexation. What concerns has the Minister raised about the legality of settlement expansion under international law and its impact on the viability of a two-state solution? Will further calls for action be made by the Government when Prime Minister Benjamin Netanyahu visits the UK?

[Anne-Marie Trevelyan]

The United Kingdom is opposed to the unilateral annexation of all or any part of the west bank. Such a move would be contrary to international law and damaging to peace efforts, and it could not pass unchallenged. We are committed to working with all parties to maintain calm and avoid provocation, and we are absolutely clear that demolitions and forced evictions are contrary to international humanitarian law.