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Lords statement on the draft Equality Act 2010 code of practice for services, public functions and associations.

Lead member
Lord Collins of Highbury
Department
Office for Equality and Opportunity
Type
Ministerial statements
Date
3 June 2026
Reference
856 cc843-855
House
House of Lords

My Lords, I welcome the opportunity to respond to the Statement on the draft Equality Act 2010 code of practice. The publication of the draft code is welcome, and I was pleased to see greater protections for breast-feeding women, and greater clarity for people with disabilities. Those are important improvements.

The...

Member
Baroness Stedman-Scott (Conservative)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 cc846-8
House
House of Lords

My Lords, I thank the Minister for this Statement on a profoundly important yet sensitive matter. When we debate the updated code of practice, we must remember that at the heart of this issue are fellow citizens. If we listen closely, we find that people affected by the code are...

Member
Lord Scriven (Liberal Democrat)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 cc848-9
House
House of Lords

I thank both the noble Lord and the noble Baroness for their questions and contributions.

I start by picking up the point made by the noble Lord, Lord Scriven, and addressing the noble Baroness, Lady Stedman-Scott, about the general principle. We forget what the Supreme Court itself said in its judgment,...

Member
Lord Collins of Highbury (Labour)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 cc849-850
House
House of Lords

I very much welcome the last part of my noble friend’s answer. I would like clarification on two points, because the word “sensitivity” has been used, and indeed is used in the guidance. I would like my noble friend to confirm that it is discriminatory to involuntarily out a trans...

Member
Baroness Thornton (Labour)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c851
House
House of Lords

We have to respect the judgment of the Supreme Court. It has interpreted the Equality Act, and I know that my noble friend—and I think everyone on this side of the House—is proud of the Equality Act and what it has achieved. We are absolutely determined to ensure that the...

Member
Lord Collins of Highbury (Labour)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c851
House
House of Lords

On the subject of proportionality so eloquently spoken of by the noble Lord, Lord Scriven, does the Minister agree that there have been only four reports of alleged criminal behaviour by trans people in lavatories since 2022? Does he not think that the obsession with lavatories does us no credit...

Member
Lord Carlile of Berriew (Crossbench)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c851
House
House of Lords

I hear what the noble Lord says. What we do have is a decision of the Supreme Court and a decision of the independent Equality and Human Rights Commission about how that guidance should be complied with. I do not understand the fixation on toilets either. The point was raised...

Member
Lord Collins of Highbury (Labour)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c851
House
House of Lords

My Lords, although I very much welcome the decision of the Supreme Court, there may be room for statutory exemption in respect

of persons who have fully transitioned—that is to say, certificated and having gone through the gender-affirming surgery. There is a case for saying that they should be entitled...

Member
Viscount Hailsham (Conservative)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c851
House
House of Lords

I hear what the noble Viscount says. The Supreme Court judgment is clear about biological sex; we have to and we will ensure compliance. The independent Equality and Human Rights Commission has come up with guidance. That guidance has gone through a lot of process and consultation, and people have...

Member
Lord Collins of Highbury (Labour)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c852
House
House of Lords

My Lords, I went out with two female friends, one of whom was thrown out of a women’s toilet because she was wrongly identified as a man. As the guidance allows trans men to be excluded from single-sex spaces on the basis of appearance, how does the clear and practical...

Member
Lord Paddick (Non-affiliated)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c852
House
House of Lords

I come back to my original response. The idea that somebody is making a judgment because of the way someone is dressed or looks is inappropriate. I think it is pretty obvious if a man goes into a women’s toilet by error or sometimes due to absolute need—which I have...

Member
Lord Collins of Highbury (Labour)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c852
House
House of Lords

My Lords, the Minister referred to the British way of doing things. Does he therefore agree that although various speculative issues have been raised around enforcement, in reality a combination of self-restraint, respect for the law and social discouragement from breaking it should eliminate most issues, particularly over time, rather...

Member
Baroness Ludford (Liberal Democrat)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c852
House
House of Lords

I am not sure I fully understand. I hope the noble Baroness is agreeing with me that we will take a common-sense, British way. I have been in a theatre when there has been a very short intermission, the gents’ toilet is empty, I have encouraged women to use it...

Member
Lord Collins of Highbury (Labour)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c853
House
House of Lords

My Lords, I thank the Minister for his tone and approach—

Member
Baroness Hunt of Bethnal Green (Crossbench)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c853
House
House of Lords

My Lords—

Member
Baroness Falkner of Margravine (Crossbench)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c853
House
House of Lords

We have loads of time; it is all going to be okay.

I thank the Minister for his approach and response to these questions. It has been 12 months of trying to clarify the code and clarify the interpretation from the Supreme Court. I am seeing a significant degree of confusion...

Member
Baroness Hunt of Bethnal Green (Crossbench)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c853
House
House of Lords

I think the noble Baroness knows my position. As I said at the beginning, the Equality Act is good law. The Gender Recognition Act is good law. The Supreme Court has made an interpretation in respect of single-sex spaces, which we should comply with. The Supreme Court ruling explicitly stated...

Member
Lord Collins of Highbury (Labour)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c853
House
House of Lords

My Lords, I have a very specific question. We are talking about not being able to challenge somebody who is a biological male. If there is a game of rugby, a women’s team turns up and they think there is a male on the other side, how on earth are...

Member
Baroness Davies of Devonport (Conservative)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c853
House
House of Lords

You are not going to ask on the football pitch or the rugby pitch. In the code, there are respectful ways to ask certain questions. It is not done, as the noble Lord pointed out, by saying, “Well, you can’t go in that toilet”. Governing bodies have their rules and...

Member
Lord Collins of Highbury (Labour)
Type
Proceeding contributions
Date
3 June 2026
Reference
856 c853
House
House of Lords