To ask the Minister for Women and Equalities, what legal advice was sought and received on whether the draft Equality Act 2010 Code of Practice for Services, Public Functions and Associations fulfils the statutory purpose set out in section 14 of the Equality Act 2006 before laying it before Parliament.

To ask the Minister for Women and Equalities, what legal advice was sought and received on whether the draft Equality Act 2010 Code of Practice for Services, Public Functions and Associations fulfils the statutory purpose set out in section 14 of the Equality Act 2006 before laying it before Parliament.

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...

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...

My Lords, I am not surprised that the draft code is being carefully considered, as the Government say, because multiple government departments, such as health, justice, local government and employment, all need consistency in a cross-government approach. What steps are the Government taking to ensure that equality or human rights objectives are consistent across departments?

My Lords, I am not surprised that the draft code is being carefully considered, as the Government say, because multiple government departments, such as health, justice, local government and employment, all need consistency in a cross-government approach. What steps are the Government taking to ensure that equality or human rights objectives are consistent across departments?

As the noble Baroness knows, we have a duty to properly consult. By the way, under Section 14(9) the Equality Act 2006, that also involves consulting with devolved Governments at all relevant stages. Consultation with the Welsh and Scottish Ministers is required, as the code fully relates, but it also relates to all public authorities. Of course, the EHRC has conducted its own consultations on its code twice, but it is important that we fully understand the implications of the ruling.

As the noble Baroness knows, we have a duty to properly consult. By the way, under Section 14(9) the Equality Act 2006, that also involves consulting with devolved Governments at all relevant stages. Consultation with the Welsh and Scottish Ministers is required, as the code fully relates, but it also relates to all public authorities. Of course, the EHRC has conducted its own consultations on its code twice, but it is important that we fully understand the implications of the ruling.

Absolutely.

Absolutely.

My Lords, I am a great admirer of my noble friend Lord Rooker. When I worked with him on the secondary legislation committee, he would always ensure that the Government had done their homework, particularly on issues which were fraught and divisive, so I will ask my noble friend the Minister about one particular piece of homework. Can he give an assurance that small businesses will be given sufficient clarity and flexibility to stay within the law, and not be forced into making adjustments to their property which they cannot afford?

My Lords, I am a great admirer of my noble friend Lord Rooker. When I worked with him on the secondary legislation committee, he would always ensure that the Government had done their homework, particularly on issues which were fraught and divisive, so I will ask my noble friend the Minister about one particular piece of homework. Can he give an assurance that small businesses will be given sufficient clarity and flexibility to stay within the law, and not be forced into making adjustments to their property which they cannot afford?

My noble friend makes a really important point. To repeat what I said to the noble Lord, the Supreme Court judgment is absolutely clear and everyone has a duty to apply it. That includes not just public bodies but everyone. To come back to my noble friend, if there is any doubt then, obviously, seek appropriate guidance—seek legal advice. We want to make sure that, when the code is finally adopted, it is legally proofed and cannot be open to further challenges. That is why it is so important that we get it right.

My noble friend makes a really important point. To repeat what I said to the noble Lord, the Supreme Court judgment is absolutely clear and everyone has a duty to apply it. That includes not just public bodies but everyone. To come back to my noble friend, if there is any doubt then, obviously, seek appropriate guidance—seek legal advice. We want to make sure that, when the code is finally adopted, it is legally proofed and cannot be open to further challenges. That is why it is so important that we get it right.

My Lords, perhaps this is a very obvious question to come from a bishop, but these are matters that affect people’s sense of dignity, their identity, belonging and everyday lives. Can the Minister say how the Government are ensuring that, alongside legal clarity, the approach taken in considering this draft code reflects compassion, respect and kindness towards all those affected, so that the guidance not only supports compliance but will encourage a much-needed culture of mutual understanding?

My Lords, perhaps this is a very obvious question to come from a bishop, but these are matters that affect people’s sense of dignity, their identity, belonging and everyday lives. Can the Minister say how the Government are ensuring that, alongside legal clarity, the approach taken in considering this draft code reflects compassion, respect and kindness towards all those affected, so that the guidance not only supports compliance but will encourage a much-needed culture of mutual understanding?

The right reverend Prelate could not have said it better and I strongly believe that. It is really important that we understand that the duties of the Equality Act reflect a duty on us all and apply to all the characteristics. But the Supreme Court judgment is very clear; we have to apply it, and we are determined to do so. That is why it is important that we have a code that can stand any robust challenge.

The right reverend Prelate could not have said it better and I strongly believe that. It is really important that we understand that the duties of the Equality Act reflect a duty on us all and apply to all the characteristics. But the Supreme Court judgment is very clear; we have to apply it, and we are determined to do so. That is why it is important that we have a code that can stand any robust challenge.

My Lords, the Minister is a Minister in the Cabinet Office. I know that he would not have wished to have misled the House in his recent response to the noble Lord, Lord Harper. He assured the noble Lord and the House that all government is in conformity with the Supreme Court ruling. Is he aware that the charity Sex Matters wrote to the head of the Civil Service, asking for the Cabinet Office to withdraw the model policy on gender identity from 2019 because it was unlawful? The chief operating officer of the Cabinet Office declined to do so, despite acknowledging its unlawfulness. Can he explain to the House how he has made the statement that he is convinced that all government is in conformity with the Supreme Court ruling?

My Lords, the Minister is a Minister in the Cabinet Office. I know that he would not have wished to have misled the House in his recent response to the noble Lord, Lord Harper. He assured the noble Lord and the House that all government is in conformity with the Supreme Court ruling. Is he aware that the charity Sex Matters wrote to the head of the Civil Service, asking for the Cabinet Office to withdraw the model policy on gender identity from 2019 because it was unlawful? The chief operating officer of the Cabinet Office declined to do so, despite acknowledging its unlawfulness. Can he explain to the House how he has made the statement that he is convinced that all government is in conformity with the Supreme Court ruling?

I am a Minister with many responsibilities, and I am not sure that I am in the Cabinet Office at the moment. One thing I am absolutely sure about is that I am Deputy Leader of this House, and I would not wish to mislead it. I was trying to convey that the Government are absolutely committed to ensuring compliance with the Supreme Court judgment. It may not be what the noble Lord hinted at, but the Government are being very clear that there should be compliance with the Supreme Court judgment. That is why we want the code of practice, which the noble Baroness was obviously involved in, to be fully considered, properly accounted for and robust for the future. That is what we are determined to do, and it will result in all public bodies and companies being fully compliant with the Supreme Court judgment.

I am a Minister with many responsibilities, and I am not sure that I am in the Cabinet Office at the moment. One thing I am absolutely sure about is that I am Deputy Leader of this House, and I would not wish to mislead it. I was trying to convey that the Government are absolutely committed to ensuring compliance with the Supreme Court judgment. It may not be what the noble Lord hinted at, but the Government are being very clear that there should be compliance with the Supreme Court judgment. That is why we want the code of practice, which the noble Baroness was obviously involved in, to be fully considered, properly accounted for and robust for the future. That is what we are determined to do, and it will result in all public bodies and companies being fully compliant with the Supreme Court judgment.

My Lords, if the Government have concerns about the lawfulness of the EHRC code, given their five-month review of 30 pages, have they received any advice from the Attorney-General regarding his assessment of it? When was the Attorney-General consulted?

My Lords, if the Government have concerns about the lawfulness of the EHRC code, given their five-month review of 30 pages, have they received any advice from the Attorney-General regarding his assessment of it? When was the Attorney-General consulted?

I think the noble Baroness knows that I am not going to go into legal advice from the Attorney-General. This is not about whether the guidance or the draft code is compliant legally; it is to ensure that the guidance can be adopted and applied by everyone without future legal challenge. That is what I am saying very clearly. It is robust guidance. After all, it has never been the position to say that the code is not legal. The code may well be, but we want to ensure that it can be applied properly and adopted by all public bodies and companies.

I think the noble Baroness knows that I am not going to go into legal advice from the Attorney-General. This is not about whether the guidance or the draft code is compliant legally; it is to ensure that the guidance can be adopted and applied by everyone without future legal challenge. That is what I am saying very clearly. It is robust guidance. After all, it has never been the position to say that the code is not legal. The code may well be, but we want to ensure that it can be applied properly and adopted by all public bodies and companies.

To ask His Majesty’s Government whether they will set a target to lay before Parliament the Equality and Human Rights Commission guidance on single-sex spaces before the first anniversary of the guidance being sent to the Equalities Minister.

To ask His Majesty’s Government whether they will set a target to lay before Parliament the Equality and Human Rights Commission guidance on single-sex spaces before the first anniversary of the guidance being sent to the Equalities Minister.

My Lords, the Equality and Human Rights Commission’s code of practice for services, public functions and associations provides guidance

on all protected characteristics, not solely on sex and gender reassignment. The EHRC has submitted its draft code to Ministers and we are reviewing it with the care it deserves. It is crucial that providers have legally robust guidance on how to apply the Equality Act, which is why we are considering the draft code properly.

My Lords, the Equality and Human Rights Commission’s code of practice for services, public functions and associations provides guidance

on all protected characteristics, not solely on sex and gender reassignment. The EHRC has submitted its draft code to Ministers and we are reviewing it with the care it deserves. It is crucial that providers have legally robust guidance on how to apply the Equality Act, which is why we are considering the draft code properly.

I say to the Government that the inexcusable delay in operating this makes it look like political party management is being elevated above the national interest. That is not good enough.

I say to the Government that the inexcusable delay in operating this makes it look like political party management is being elevated above the national interest. That is not good enough.

Let me reassure all noble Lords. We have set out our expectation that service providers follow the law as clarified by the Supreme Court ruling and seek specialist legal advice wherever necessary. The Prime Minister has underlined this recently. We have always been absolutely clear that due process needs to be followed by all, in line with the Equality Act. Our priority is getting it right. That is why it is so important that we give it proper and due consideration.

Let me reassure all noble Lords. We have set out our expectation that service providers follow the law as clarified by the Supreme Court ruling and seek specialist legal advice wherever necessary. The Prime Minister has underlined this recently. We have always been absolutely clear that due process needs to be followed by all, in line with the Equality Act. Our priority is getting it right. That is why it is so important that we give it proper and due consideration.

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