Equality Act 2010: Code of Practice

Debate between Seema Malhotra and Josh Fenton-Glynn

Monday 1st June 2026 Commons Chamber

[Seema Malhotra]

I believe that the Equality Act does live up to its name, and I am proud of the Equality Act. I think that what we are discussing here is compliance with the law, and I know that the whole House will want to send the message that no one should be concerned about going for operations or accessing services. It is important that any concerns are raised directly with those who are providing those services, and I am sure that reassurance will be given. I think that, in relation to the debate we are having, the hon. Lady will know that it is important that we get the balance right between supporting women and their rights, and ensuring that we uphold respect for all trans people.

[Josh Fenton-Glynn (Calder Valley) (Lab)]

I try to start from a position of empathy on this topic. I have no idea what it is to experience the pain of being born in a body that does not accord with one’s gender, and I do not know what it is to have the very real fear of assault that women live with, so I recognise the need for understanding and balance. However, I do not think that there is sufficient balance in this guidance. Given its focus on “proportionality”, businesses and organisations are forced to make judgment calls in a highly sensitive area. There is a real risk that the guidance will create a situation in which trans people, who already face high levels of discrimination, are subject to a urinary leash controlling where they can go. Will the Minister please tell me how the Government will ensure that they are not excluded from services and are welcomed into public spaces, as everyone should be?

[Seema Malhotra]

As I have said before, it is extremely important that everyone has access to the services and facilities that they need. It is also important to recognise that, while balance does matter, there are worked examples and explanations in the extensive draft code of practice which I hope will provide reassurance as we move forward, and as organisations feel that they have the clarity they need to make the changes to ensure that they comply with the law.