← Back to House of Commons Debates
Equality Act 2010: Code of Practice
01 June 2026
Lead MP
Seema Malhotra
Debate Type
Ministerial Statement
Tags
Women & Equalities
Other Contributors: 35
At a Glance
Seema Malhotra raised concerns about equality act 2010: code of practice in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
With permission, I would like to make a statement on the draft Equality Act 2010 code of practice for services, public functions and associations. The Minister for Women and Equalities laid the draft code in Parliament on May 21st following consultations with devolved Governments. This updated draft reflects legislative changes, developments in case law, clarifications of terminology, and new guidance since its original publication in 2011. Key updates include the Supreme Court ruling that 'sex' means biological sex but also emphasises protection for trans people under the Equality Act. The code provides clarity on single-sex services based on biological sex while ensuring access to necessary services for all, including guidance on toilet facilities and sensitive handling of personal data. It encourages service providers to clearly communicate policies and supports a balance between privacy, dignity, and inclusion. The Government is committed to upholding British values and protecting the Equality Act, which remains an important achievement in modern British history.
Mims Davies
Con
Eastleigh
Question
Why did it take nine months for the Government to lay down the draft Equality Act code of practice after receiving it from EHRC in September last year? What has changed since then?
Minister reply
The process included consultations with devolved Governments, engagement and further legal analysis by the EHRC, ensuring robustness and accessibility. The Minister emphasises that the Government is committed to working across Departments to consider implications of the code on policies and activities.
Rosie Duffield
Lab
Canterbury
Question
What steps will be taken by all Departments to comply with the new code, particularly after delays in updating NHS policy?
Minister reply
The Government is committed to ensuring compliance across Departments and working to update policies based on the guidance provided in the new code. Specific measures are being considered to address ongoing concerns regarding single-sex spaces and services.
Claire Coutinho
Con
East Surrey
Question
What changes were made by the Secretary of State to the EHRC's draft, and will these be published?
Minister reply
The Minister commits to working with the EHRC to ensure transparency and clarity on what changes have been made. The Government values transparency and seeks to provide detailed information as required.
Mims Davies
Con
Eastleigh
Question
The MP thanked the Minister for advance sight of the statement. She criticised the Government's delay in publishing a draft code of practice since September last year, despite clear Supreme Court rulings and public expectations. She accused the Secretary of State of seeking excuses to avoid scrutiny and protecting vulnerable women and girls during these nine months of inaction. Davies questioned why it took eight months for minor changes to be requested, asked for clarity on what changes were made, and requested the Minister to publish details under the Equality Act 2006.
Minister reply
The hon. Member thanked Mims Davies for her questions and acknowledged the seriousness of the issue. The Minister explained that there was a process to follow according to the Equality Act 2006 which involved consulting devolved Administrations, working across Government on services provided or supported, and conducting an impact analysis. She clarified that the draft code was laid before the parliamentary recess period within the permitted timeframe for scrutiny. The Minister also mentioned that NHS England is currently reviewing its guidance to reflect the Supreme Court ruling in the For Women Scotland v. The Scottish Ministers case.
Question
The hon. Member Sarah Owen expressed concern over the trans-exclusionary nature of the draft code and its impact on the UK's ranking for LGBT+ rights. She asked how the Minister plans to address further erosion of LGBT+ rights in this country.
Minister reply
The hon. Friend was thanked for her question. The Minister emphasised the priority of supporting women’s rights alongside treating trans people with dignity. She noted that the draft code is available for scrutiny and will continue ensuring single-sex spaces where needed, while also ensuring access to services for trans individuals in an environment of respect and dignity.
Question
The Government’s job was to give people, businesses and organisations clear, workable guidance. However, the code is unworkable, exclusionary and expensive for businesses. The impact assessment notes how the guidance will likely impact women who are not trans, yet do not meet cultural and social expectations around what a woman should look like. Can the Minister say that she believes the guidance does that? For trans, non-binary and intersex people, the code operates from a position of exclusion. It risks driving those small minorities away from public life. The shadow urges the Minister to withdraw it.
Minister reply
The draft code provides further clarity on how service providers can follow the Supreme Court ruling in practice while protecting single-sex spaces and supporting trans individuals. Although it cannot cover every scenario, the Equality and Human Rights Commission (EHRC) has provided explanations and worked examples that organisations can adapt to their context with common sense. Businesses will likely already be compliant, and EHRC sessions are available for MPs.
Question
The EHRC code of practice fails everyone by pushing trans people out of public life and subjecting all women to gender policing based on stereotypes. Why is the Government pushing ahead with this guidance when it could instead legislate to clarify that the Equality Act 2010 was always intended to be trans-inclusive?
Minister reply
The Government are proud of the Equality Act and will uphold it. The draft code allows associations to choose their membership by both sex and gender reassignment, enabling them to be trans-inclusive without being open to absolutely everybody.
Question
Did the Secretary of State formally reject the draft code of practice submitted by the EHRC in September 2025? If so, can the Minister provide a copy of the written reasons given as per section 14 of the Equality Act 2006?
Minister reply
The process followed is in line with the Equality Act 2006. The consultation with devolved Administrations and the EHRC was conducted, and the draft code has been laid before the House.
Meg Hillier
Lab
Hackney South and Shoreditch
Question
If a single-sex organisation wanted to open its doors to trans people, would that be to all trans people or could they open their doors/membership to trans women exclusively?
Minister reply
There is guidance in the draft code with worked examples. Organisations should consult this guidance and take legal advice if necessary.
Question
I am appalled by the response from the official Opposition. The Government rammed through a new EHRC chair despite cross-party consensus that they were not fit for the role. To do this today, of all days, is a kick in the teeth and slap in the face for LGBT people across this country. What will she say to my constituents who have been challenged in toilets because they live their lives as trans people already?
Minister reply
People have operated with respect for each other in relation to single-sex spaces for a long time, which will continue. Toilets designated as male or female should be for those of that biological sex, but unisex or individual lockable toilets are alternatives accessible by anybody.
Rachael Maskell
Lab
York Central
Question
The EHRC guidance will cost organisations a significant amount to put on additional services and facilities if they are to become inclusive organisations. What discussions have taken place with the Treasury to ensure that organisations are supported to build an inclusive society?
Minister reply
The EHRC expects businesses will already be compliant with most aspects of the draft code. The Government estate is committed to being 100% compliant with the requirements of the Equality Act and in line with EHRC guidance.
Question
My hon. Friend asked when there will be written explanations of the draft changes, as did my hon. Friend the Member for Reigate. In both answers, the Minister talked about process. Well, process dictates that there should be written answers, so when will we see them in this House?
Minister reply
The shadow Secretary of State has written to the EHRC, and I am sure that the EHRC will engage directly in relation to those specific questions.
Stella Creasy
Lab
Walthamstow
Question
The guidance is problematic as it is unclear and may lead businesses to eliminate women's toilets out of fear of conflict or legal repercussions. Businesses will likely be confused about whether they can challenge individuals regarding their sex, leading to a potential reduction in single-sex spaces.
Minister reply
Organisations are encouraged to make decisions based on the law rather than public challenges. Most changes will involve updating existing facilities and ensuring compliance without significant alterations.
Christine Jardine
Lib Dem
Edinburgh West
Question
While acknowledging the Equality Act's importance, Christine Jardine questions whether the current guidance respects its spirit. She calls for a careful examination of both the Equality and Gender Recognition Acts to ensure comprehensive protection for all individuals.
Minister reply
The Minister emphasises ongoing support for trans rights through legislative measures such as updating hate crime legislation and planning a conversion practice ban, while stressing compliance with legal protections.
Question
Inquired about the practical implications of guidance for organisations providing single-sex services in limited space, seeking clarity on funding options to accommodate new requirements.
Minister reply
The Minister notes that many changes required will be minimal and points towards available resources for organisations needing advice.
Question
Asked about efforts to ensure non-compliant public sector bodies, like the NHS, implement the Supreme Court ruling promptly.
Minister reply
The Minister confirms that ongoing work with various Government Departments is being conducted to address compliance issues.
Rupa Huq
Lab
Ealing Central and Acton
Question
Expresses concern over the guidance's impact on essential service access for trans individuals, questioning whether public spaces will be able to offer inclusive services.
Minister reply
The Minister emphasises the importance of balancing support for women’s rights with protection against discrimination faced by trans people.
Pete Wishart
SNP
Perth and North Perthshire
Question
Raises concerns about the UK's declining position in LGBT+ service provision rankings, questioning the impact of proposed changes on these standings.
Minister reply
The Minister stresses the balance between protecting single-sex spaces for women while ensuring trans individuals are not subjected to harassment or discrimination.
Question
Questions whether there will be an opportunity to debate and vote on the final code of practice before it becomes binding.
Minister reply
The Minister confirms opportunities for discussions in Parliament, including engagement with the Equality and Human Rights Commission (EHRC).
Layla Moran
Lib Dem
Oxford West and Abingdon
Question
Raises concerns over potential deterioration of trans rights under the new guidance, asking if there is flexibility to address issues should they arise.
Minister reply
The Minister acknowledges ongoing engagement with stakeholders and emphasises commitment to upholding legal protections while respecting trans rights.
Alex Sobel
Lab
Leeds North West
Question
As a member of the Joint Committee on Human Rights, I have concerns that human rights that have long applied to trans people since the Gender Recognition Act 2004 will no longer apply. When read together, paragraphs 2.5 and 2.92 of the code imply that a transgender person and a cisgender person who are in a relationship can no longer enjoy the rights that they have enjoyed since the introduction of the Act—for instance, in terms of their relationship being respected, registered and recognised by the law. Has there been a human rights analysis of the EHRC guidance? The right to family life appears to be under threat from it.
Minister reply
I suggest that my hon. Friend raises that matter with the EHRC. I am not sure that I completely agree with his conclusions, but I am very happy to meet with him and discuss the matter further.
Dwyfor Meirionnydd
Question
As we begin Pride Month, I reiterate my party’s solidarity with trans people, who are valued members of our communities in Wales and deserve continued protection from harassment and discrimination. We will uphold the rule of law through the Welsh Government, but as we have heard on numerous occasions today, in this guidance it appears that there is a lack of clear, workable guidance for services supporting transgender people, which is causing huge concerns. The Minister has mentioned consultation with devolved Governments, but what assurance can she give me that the UK Government will work with the Welsh Government to support inclusive services?
Minister reply
The right hon. Lady will agree with me when I say that transgender people are valued members of all our communities across the whole country. I am happy to assure her that we will continue to engage with our devolved Administrations in Wales and Scotland. Engagement is an important part of how we move forward on all issues.
Question
I am being contacted by so many transgender constituents, who say to me that the EHRC guidance is in conflict with the Equality Act. They feel that the guidance is absolutely making things worse for transgender people, who feel further stigmatised and isolated. What would the Minister say to my constituents regarding how they feel?
Minister reply
I think we all want to ensure that trans people across the country feel supported. As we move forward on how the draft code provides guidance, with the worked examples and the extensive consultation that has gone on, I hope we will see progress in how we strike the balance we need between supporting women and their rights and treating trans people with dignity.
Question
I pay tribute to Bourne Out LGBT and Bourne This Way in Eastbourne, which do great work to advance the rights of LGBT folks locally. I also pay tribute to LGBT+ Lib Dems and Liberal Democrat Women, which do great work within my party to advance equality, unlike this code of practice, which is unworkable for all, immoral for all and undermines equality for all. The Government’s own equality impact assessment has said of the draft code that ‘Women who are considered masculine may face greater scrutiny about their sex as a result of the changes. This will likely have a negative impact on this group’. In what way does this enhance the privacy, dignity and safety of women?
Minister reply
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.
Question
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?
Minister reply
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.
Question
One of my constituents described this code of conduct as “trans apartheid”. Another said that it was “state-sponsored repression”. Let us flip it, because we always talk about trans women; let us talk about trans men. If the rules say that somebody cannot enter a toilet of the gender that they were not born, a trans man is no longer allowed to go into a men’s toilet, but they also may not be allowed to go into a ladies’ toilet—their sex at birth—because at that point, they might become a threatening prospect for some people. They often are exceptionally well built young people, and a woman can say that she feels uncomfortable about that person in their toilets. Where are the human rights and privacy of the trans person in all this? I am concerned that we have missed the very group of people who are most affected.
Minister reply
The draft code says that if someone has concerns about users of the opposite sex, or those perceived to be of the opposite sex, and raises those concerns with a service provider, the service provider can ask those users to confirm their sex, but that this should be done sensitively and with their privacy protected.
Question
A number of my constituents have raised concerns about this draft code. One trans woman wrote to me to say that she and her partner are frightened for her safety and ability to take part in public life. She fears being forced to stay at home, rather than risk humiliation, confrontation or even being outed in public if she cannot use public facilities safely. Can the Minister reassure me and the House that as the code is considered, the Government will ensure that trans people are not effectively driven out of public life and remain able to participate safely, fully and with dignity?
Minister reply
My hon. Friend is absolutely right that no one should be driven out of public life or denied the ability to live their life as they wish. She raises an important point about why this must be done so sensitively, and why it is an important responsibility for service providers to be able to respond and adapt as needed to ensure that we have an inclusive society.
Question
I suggest to the Minister that the very clear Supreme Court judgment and the resulting guidance render the Gender Recognition Act 2004 irrational. That Act persists with the fiction that by filling out a few forms, someone can change their sex on official documents. The Supreme Court was clear that gender recognition certificates are of no effect in changing one’s legal sex. Is it not time that we stop pretending under any guise that one can change one’s sex or change biological reality?
Minister reply
I will say one thing in response to the hon. and learned Gentleman, which is that it is extremely important that we treat trans people with respect. Secondly, the Equality Act will continue to protect trans people and their rights in law.
Question
I welcome the clarity that the code brings for service providers, and I note, too, that Women’s Aid is just one of the organisations that has welcomed it. Can my hon. Friend confirm that the Supreme Court judgment and the code have not revoked any rights for anyone, but have confirmed single-sex rights that protect women and girls?
Minister reply
I was not quite clear about that question, but I will say that the draft guidance is about supporting women and their rights and the provision of single-sex spaces, alongside treating trans people with dignity, and that will continue to be our focus.
Charlotte Cane
Lab
Welling
Question
I have been contacted by a great many trans people, who are expressing genuine fear about the implications of this guidance. They are changing their patterns of work, travel and leisure because they cannot be certain that they can use toilets unchallenged, and face an extra risk of violence. This is just unacceptable.
Minister reply
I believe that the Equality Act does live up to its name, and I am proud of the Equality Act. It is important that everyone has access to the services and facilities that they need. While balance does matter, there are worked examples and explanations in the extensive draft code of practice which I hope will provide reassurance as we move forward.
Leeds West
Question
Given its focus on “proportionality”, businesses and organisations are forced to make judgment calls in a highly sensitive area. There is a real risk that the guidance will create a situation in which trans people, who already face high levels of discrimination, are subject to a urinary leash controlling where they can go. How will the Government ensure that trans people are not excluded from services?
Minister reply
As I have said before, it is extremely important that everyone has access to the services and facilities that they need. There are many ways in which we can ensure inclusivity, such as making clear the use of accessible toilets, providing individual lockable toilets or unisex toilets.
Mike Martin
Lab
Ipswich
Question
This is an issue that divides the House and it also divides the country. There are many different opinions. Will the Minister commit herself to putting the statutory instrument to a vote?
Minister reply
The hon. Gentleman will be aware of the process in the Equality Act 2006, which we are following. He may want to raise some of his concerns and have a discussion with the EHRC, which has undertaken extensive guidance and continues to engage with stakeholders.
Sam Carling
Con
Louth and Horncastle
Question
The High Court judgment stated that providers may choose to offer trans-inclusive services. Can the Minister explain how the EHRC’s code of practice is at all consistent with that?
Minister reply
Although the draft code indicates that toilets designated as male or female should be for those of that biological sex, it also contains sufficient guidance for organisations to make their own decisions about changing the signs, making clear the use of accessible toilets in line with building regulations about smaller spaces.
Peter Swallow
Lab
Erith and Thamesmead
Question
My hon. Friend has rightly talked about the need to avoid using any particular group as a political football and the need to treat everyone with dignity and respect. However, does she accept the Government’s own impact assessment that says: “The debate on single sex services and the treatment of trans people is particularly divisive at this time.”
Minister reply
My hon. Friend highlights aspects of what has been written in the impact assessment, but it is also important to note that the Government want to reassure trans people that they have protections under the Equality Act via the gender reassignment protected characteristic.
Shadow Comment
Mims Davies
Shadow Comment
The shadow minister criticises delays in implementing the draft code of practice since September last year, highlighting nine months of inaction. She questions why it took eight months to request minor changes and requests clarity on engagement details with the EHRC and written reasons for rejecting the original draft. The response also raises concerns about ongoing harassment faced by women who assert their legal right not to share changing rooms with men. It calls for immediate steps across all Departments to comply with the code without further delay, addressing delays in updating NHS policies post-Supreme Court ruling. She emphasises that this is not an attack on trans people but about applying the law correctly while safeguarding women and girls.
▸
Assessment & feedback
Summary accuracy
About House of Commons Debates
House of Commons debates take place in the main chamber of the House of Commons. These debates cover a wide range of topics including government policy, legislation, and current affairs. MPs from all parties can participate, question ministers, and hold the government accountable for its decisions.