Question

To ask His Majesty's Government whether the Equality and Human Rights Commission (EHRC) has powers to publish the draft Code of Practice for Services, Public Functions and Associations in non-statutory form in the event that that code is (1) not rejected, or (2) not laid in Parliament; and what are the conditions, if any, set out in the Equality Act 2006 or associated legislation, guidance or policy that prevent the EHRC from publishing that code.

The EHRC revised its Code of Practice for Services, Public Functions and Associations following its consultation after the UK Supreme Court ruling in For Women Scotland, and submitted it to the Minister for Women and Equalities.

The Government is considering the draft updated Code and, if the decision is taken to approve it, the Secretary of State will lay it before Parliament. Parliament will then have a 40 day period to consider the draft Code.

EHRC’s powers are set out in the Equality Act 2006. The EHRC operates independently of the Government.