Equality Act 2010: Code of Practice

Debate between Seema Malhotra and Marie Goldman

Monday 1st June 2026 Commons Chamber

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

[Marie Goldman (Chelmsford) (LD)]

I thank the Minister for advance sight of her statement. After the Supreme Court’s ruling last year, the Government’s job was to give people, businesses and organisations clear, workable guidance. The code is instead unworkable, exclusionary and expensive for businesses. As the Minister knows, the Government must ensure that they meet the legal obligations placed on them by the public sector equality duty. That requires the Minister to have due regard to the need to eliminate unlawful discrimination, harassment, victimisation and any other conduct, to advance equality of opportunity between people who share a protected characteristic and people who do not, and to foster good relations between people who share a protected characteristic and people who do not.

Yet the Government’s own equality impact assessment identifies disproportionate harm to those with protected characteristics, and a failure to set out how that harm will be addressed. Can the Minister really say, hand on heart, that she believes the guidance does that? The impact assessment notes how the guidance will likely impact women who are not trans, yet do not meet cultural and social expectations around what a woman should look like. There have already been stories of women with mastectomies being challenged when accessing women-only spaces because they do not look like women. Has the Minister truly considered that?

For trans, non-binary and intersex people, the code operates from a position of exclusion. It risks driving those small minorities away from public life, as leading mental health charities have since warned. The guidance conflicts with our core British values of tolerance, decency, respect for individual liberty and the rule of law. That is why I urge the Minister to withdraw it and to accept that this issue needs to be resolved by Parliament as law makers. To achieve that, I beg the Minister to adopt the Liberal Democrat proposal to appoint a joint committee of cross-party MPs and peers, to conduct post-legislative scrutiny of the Gender Recognition Act 2004 and the Equality Act 2010, taking evidence from all communities who have been impacted, in order to propose amendments or new legislation that it sees as necessary to ensure that existing rights are protected. If we work together we can fix this; sowing division will not.

[Seema Malhotra]

I thank the hon. Lady for her comments and question. I again highlight how the draft code does provide further clarity on how service providers can follow the Supreme Court ruling in practice, and we can ensure that we both protect single-sex spaces and have services and support for trans people. It is important to recognise that although it cannot cover every scenario, the EHRC has provided key explanations and worked examples, also based on wide consultation, that every organisation can take and apply in its own context with common sense. If a service provider is not sure, it can and should take legal advice.

I also want to mention the burden on business. The EHRC expects that for most aspects of the draft code, businesses will already be compliant, and for some businesses there will be no cost at all. For example, a small café might have one individual lockable toilet for use by all customers, and it would not need to change anything. It may be helpful for the House to know that the EHRC will be running a session to answer questions from Members of Parliament later this week, and there may be some matters that the hon. Lady wishes to raise directly.