Seema Malhotra vs Mims Davies

Equality Act 2010: Code of Practice

Debate between Seema Malhotra and Mims Davies

Monday 1st June 2026

(1 week, 2 days ago)

Commons Chamber

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Mims Davies (East Grinstead and Uckfield) (Con)

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I thank the Minister for advance sight of the statement.

It is understood that the Secretary of State first received the draft code of practice in September last year, nine months ago—nine months in which the law has been clear, the Supreme Court had ruled, and women, girls, public bodies and businesses across the country have been waiting for the Government to act. What did the Government do when they received it? Instead of action, we saw delay after delay from a Government reluctant to face their own Back Benchers and protect vulnerable women and girls.

First, the Secretary of State claimed that she needed impact assessments; then she said that consultation with devolved Governments was required, despite this being a reserved matter; after that it was purdah; and finally, having exhausted every excuse, she chose to lay the code of practice before the House on the very last day before the Whitsun parliamentary recess, seemingly actively minimising scrutiny. That is not acceptable. It is also telling that the Secretary of State has sadly not even come to the House herself to account for these decisions—it seems the lure of Makerfield is too great.

The Secretary of State previously told the House that she requested only minor changes to the EHRC’s draft. If that is the case, I ask the Minister, in the Secretary of State’s absence, why it took eight months to request them. The statement talks about engagement—in the interests of transparency, who was that with? My right hon. Friend the Member for East Surrey (Claire Coutinho) and I have written to the chair of the EHRC asking for clarity on what changes were made. Under the Equality Act 2006, the Secretary of State must provide written reasons for rejecting the original draft. As changes plainly have been made, will the Minister commit to publishing the detail on what has changed and why?

The code of practice is right to emphasise the importance of protecting single-sex spaces and services for women, but the law has been settled since the Supreme Court judgment over a year ago. Sex means biological sex, and yet the Secretary of State has failed to enforce that ruling and women have faced ongoing harassment and discrimination for stating that basic fact. We have seen cases such as the Darlington nurses, who were hounded out of their roles or drawn into lengthy tribunal processes for asserting their legal right not to share changing rooms with men. The Government have done nothing to protect them. What does the Secretary of State and the Minister say to those many women whose privacy, safety and dignity have been compromised during these nine months of inaction? Why did the Secretary of State fail to get a grip on her own Government when Department after Department claimed that they could not update their policies while awaiting the code?

The Minister said in her statement: “We are committed to doing this and are working across Departments, considering the implications of the code to policies and activities.” Is that why, more than a year after the Supreme Court ruling, the NHS still has not updated its policy on single-sex spaces for staff? Perhaps following the new Health Secretary’s recent remarks there may be greater clarity in the wider Labour Government about what a woman is, but this revisionist mindset about Labour’s supposed long-term support for single-sex spaces will frankly be fresh news to the hon. Member for Canterbury (Rosie Duffield). Will the Minister set out the steps that all Departments will now take to comply with the code, and will they all do so without further delay?

In the meantime, some have sought actively to misrepresent this issue as an attack on trans people. It is not. It is simply about applying the law correctly while safeguarding women and girls. I think the Green party’s deputy leaders’ inflammatory rhetoric is reprehensible and unhelpful, especially at the start of Pride Month. Not to be outdone, we are witnessing peak Lib Dem-ery, with the party leader claiming to accept the Supreme Court’s judgment while opposing the guidance that flows from it. As has rightly been said, that position is unprincipled. Only the Liberal Democrats can claim to support the rule of law while rejecting the practical application of it.

This code of practice is welcome. As the Minister said, it covers a broad range of areas including age, disability, pregnancy and maternity, race and so much more, but, disgracefully, it has landed nine months overdue—and helpfully after local elections in which we women voted. During that time, women have paid the price of inaction. Now that the code has finally been published, women and girls need proper action—not hiding away, not further delay and not more excuses. We need the immediate enforcement of the rights that women and girls are entitled to under the law of this land.

Seema Malhotra

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I thank the hon. Lady for her response and questions. Let me say up front that we take this issue incredibly seriously. Services and associations need to operate in compliance with the law, and we want to support them. The issue is not a political football for us; nor should it be for any Member of this House. We are focused on the practical—treating everyone with compassion, dignity and respect—and we should never fan the flames or seek to grab headlines. We will support services to operate and provide single-sex spaces where needed and ensure that trans people have access to all the services to support their needs, too.

The hon. Lady accused the Government of delay but, as a shadow Equalities Minister, she will know that there is a process that has to be followed. In line with that process, as outlined in the Equality Act 2006, we consulted the devolved Administrations; we worked across Government on the myriad services that we provide, or support others to provide; and we conducted an analysis of the code and its impact. The EHRC made some changes following its engagement and consultation. We were told by the Cabinet Office’s permanent secretary that we could not lay the code during the pre-election period. We have now laid the draft.

The hon. Lady said that in laying the draft in May, before the parliamentary recess, as my right hon. Friend committed to do, we were somehow seeking to delay scrutiny. It may help to clarify that upon laying the draft there is a 40-day period that allows for parliamentary scrutiny, and that excludes the recess. There is sufficient time for adequate scrutiny, and I am sure that the House will give the matter its attention.

In relation to guidance for the NHS, it is helpful for the House to know that NHS England is currently reviewing its guidance and will ensure that it reflects the Supreme Court ruling in the For Women Scotland v. The Scottish Ministers case. It will also take account of the Equality and Human Rights Commission’s statutory code of practice.

It is important to note that although the code does not directly apply to employers, its explanation of the Equality Act 2010—particularly around unlawful discrimination and harassment—will be relevant to and helpful for employers in considering how best to comply with their obligations under that legislation. The EHRC has a separate employment code of practice, which it also intends to update in the future.

Debates between Seema Malhotra and Mims Davies during the 2024 Parliament

Equality Act 2010: Code of Practice

Oral Answers to Questions