Question
To ask His Majesty's Government, further to the remarks by Baroness Smith of Malvern on 19 January (HL Deb col 5), what steps they expect public and private bodies to take to review their policies in line with the For Women Scotland Supreme Court judgement before the publication of the updated Code of Practice for Services, Public Functions and Associations; and what assessment they have made of potential (1) legal costs, and (2) inconsistences in legal advice, arising from the review of policies before the publication of that code of practice.
We have always been clear that we support the For Women Scotland ruling, and the protection of single-sex spaces based on biological sex.
The Equality and Human Rights Commission - as the independent regulator - has submitted a draft Code of Practice for Services, Public Functions and Associations to Ministers, and we are working as quickly as we can to review it with the care it deserves. This will provide further guidance to duty bearers on how they should comply with the Equality Act 2010 following the Supreme Court ruling.
In the meantime, we expect duty bearers to implement the ruling and seek specialist legal advice where necessary.
It is for duty bearers to determine the most suitable procedures for reviewing their policies.