Equality Act 2010: Code of Practice

Steve Race Excerpts

Monday 1st June 2026 Commons Chamber

[Seema Malhotra]

The draft code is there to provide further clarity on how service providers can follow the Supreme Court ruling in practice. It cannot cover every scenario, but with the worked examples, there is something that every organisation can take and apply, in its own context and with common sense. It is also important that if a service provider is still unsure, it can take legal advice, but in addition, there will be an expectation that organisations are able to undertake training for their staff so that if there is any concern, there is a process to deal with any issue sensitively.

[Steve Race (Exeter) (Lab)]

I have concerns about the code and its implementation, although these largely stem from the Supreme Court judgment and its seeming disregard for the Gender Recognition Act. While we are operating within the law as set by the Supreme Court, we should also recognise the anxiety and trauma that the judgment has caused many people in our communities, including mine in Exeter. Does the Minister agree that the onus is on duty bearers to be inclusive and transparent when it comes to services and organisations, given that gender reassignment is a protected characteristic, and can she provide a bit more clarity on her answer to my hon. Friend the Member for Walthamstow (Ms Creasy)? Does someone have the right to challenge someone in a service or an area such as a single-sex toilet, or do they not? If they do have that right, how might someone prove their biological sex, especially if they have a gender recognition certificate?

[Seema Malhotra]

It is important to clarify that we continue to have engagement, and my hon. Friend may want to raise some of those matters with the EHRC. What we have said about challenging is that, prior to this debate, people have been able to sensitively say when somebody is walking into the wrong toilet, and to raise that. If there is a concern that goes beyond that, they should alert a member of staff. We expect that there will be training within organisations, and that organisations will see themselves as having a responsibility to ensure they are providing an inclusive service to all. As we continue to move forward with this debate, it is important that that training takes place, so that issues are dealt with sensitively and that individuals and organisations do not feel that either they do not have a way of asking, or it is not being handled in a proportionate way.