Equality Act 2010: Code of Practice
Debate between Seema Malhotra and Sam Carling(1 week, 2 days ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Seema Malhotra
The hon. Gentleman will be aware of the process in the Equality Act 2006, which we are following. However, he may want to raise some of his concerns and have a discussion with the EHRC, which has undertaken extensive guidance and continues to engage with stakeholders.
Sam Carling (North West Cambridgeshire) (Lab)
The High Court judgment of February this year against the EHRC, when the initial guidance was challenged, stated:
“there would, in principle, be scope for a strong argument that a rule or practice that permitted trans women to use the ‘female’ lavatory but required other biological men to use the male lavatory would comprise different but not less favourable treatment on grounds of sex.”
The clear implication is that providers may choose to offer trans-inclusive services. Can the Minister explain how the EHRC’s code of practice is at all consistent with that?
Seema Malhotra
Although the draft code indicates that toilets designated as male or female should be for those of that biological sex, it is also the case that it will contain sufficient guidance for organisations to make their own decisions about changing the signs, making clear the use of accessible toilets in line with building regulations about smaller spaces, and providing individual, lockable toilets or unisex toilets. There are many ways in which we can ensure inclusivity, and it is important that we do so.