PARLIAMENTARY DEBATE
“For Women Scotland” Supreme Court Ruling - 22 April 2025 (Commons/Commons Chamber)
Debate Detail
This ruling brings welcome clarity and confidence for women and service providers. Single-sex spaces must be protected, and this is personal to me; before I was elected to this place, I ran a women’s refuge in the north-east for women and children fleeing domestic violence. I know how important to survivors it is, and always was, to have single-sex spaces based on biology —places of safety after trauma, time in a sanctuary that allowed them therapeutic support, healing from unimaginable male violence and fear. I remember how hard countless campaigners had to fight over many decades to get any single-sex provision at all, in order to create women’s refuges and rape crisis centres. Later, I remember how hard it was to convince commissioners that young homeless women trying to heal from terrifying acts of cruelty should not be left in mixed-sex accommodation. I will continue to fight for that provision to ensure that women’s safety, women’s privacy and women’s dignity are always protected.
This Government will continue as before, working to protect single-sex spaces based on biological sex— now with the added clarity of this ruling—and we will continue our wider work with commitment and compassion to protect all those who need it, right across society. This is a Government who will support the rights of women and trans people, now and always. This is a Government who will support the rights of all people with protected characteristics, now and always. This is a Government who will support the rights of our most vulnerable, now and always. On that, there is no change to announce: dignity and respect for all, now and always.
But this is a judgment long in the making. It began in 2018 when Scottish Ministers issued guidance on the definition of a woman in the eyes of the Gender Representation on Public Boards (Scotland) Act 2018. That guidance stated that a woman in that Act bears the same meaning as a woman in the Equality Act 2010, and included trans women with a gender recognition certificate.[Official Report, 24 April 2025; Vol. 765, c. 12WC.] (Correction) For Women Scotland challenged that guidance, saying that sex in the Equality Act means biological sex, so that a trans woman with a gender recognition certificate is a man for the purposes of the Act. The case was appealed to the Supreme Court, and last week, the court ruled that sex in the Equality Act means biological sex. This means that a person will be considered as their biological sex for the purposes of the Equality Act, regardless of whether or not they have a gender recognition certificate.
I know that the women who brought this challenge have not always been treated with the respect they deserve. This Government believe in freedom of speech and in the fundamental right to protest, but in no way does that extend to criminal damage. There can be no excuse for defaced statues of feminist icons, no excuse for threats, and no excuse for harassment. Such acts seek to drag down the debate, away from common sense and the sensible view—held by the majority of the British public—that women need single-sex spaces, that those spaces should be protected, and that we can protect those spaces while treating trans people with respect as well. As such, the certainty that this judgment brings is welcome. Now, it is time to move forward.
There is now a need to ensure that this ruling is clear across a range of settings, from healthcare and prisons to sport and single-sex support groups. The Equality and Human Rights Commission, as Britain’s equality regulator, is working quickly to issue an updated statutory code of practice to reflect this judgment, and I look forward to reviewing that code of practice in due course.
Alongside these updates, our work to protect single-sex spaces across society continues in earnest, because for far too long, under the Conservative Government, single-sex spaces were anything but—and nowhere is that clearer than in our hospitals. Year after year, the Conservatives pledged to close mixed-sex wards; and yet year after year, their use not only persisted but grew massively. Year after year, often in their most vulnerable moments, women were denied the privacy and dignity they deserved. Time after time, Conservative Ministers, including the now Leader of the Opposition, came to this House and toured television studios telling the public that they were protecting single-sex spaces in our hospitals. The truth was very different, because as last year’s data tells us, the use of mixed-sex wards rose by more than 2,200% in 10 years under the last Tory Government. There is no better example of rhetoric divorced from reality and of a party playing politics with the safety of women, and we will never let them forget it. By contrast, this Government will protect women’s wards and NHS England will soon publish guidance on how trans patients should be accommodated in clinical settings. We will end the practice of mixed-sex wards once and for all.
It is not just in our NHS that we will act on behalf of women. In prisons, we will continue to protect women’s safety with single-sex accommodation. In women’s sport, I have always backed integrity and fairness. Biology matters for competitive sport, and sporting bodies have issued rules to reflect that. In our prisons, in our hospitals, in sport and in a whole host of other spaces, what was true before the ruling remains true after the ruling. This Government protect safe spaces for women under the Equality Act 2010.
For too many years, we have seen the heat dialled up in this debate by the Conservatives. There was no real action to protect women’s spaces, while under their watch the use of mixed-sex wards increased, an epidemic of violence against women and girls spread across the country and women’s health was neglected. This Labour Government will deliver for women through our plan for change, driving down waiting lists month after month, tackling misogyny throughout society, and once and for all delivering justice for survivors of violence against women and girls.
I know that many trans people will be worried in the wake of the Supreme Court ruling, so I want to provide reassurance here and now that trans people will continue to be protected. We will deliver a full trans-inclusive ban on conversion practices. We will work to equalise all existing strands of hate crime, and we will review adult gender identity services, so that all trans people get the high-quality care they deserve. The laws to protect trans people from discrimination and harassment will remain in place, and trans people will still be protected on the basis of gender reassignment—a protected characteristic written into Labour’s Equality Act.
This Government will offer trans people the dignity that too often they were denied by the Conservatives. Too often, trans people were a convenient punchbag and the butt of jokes made in this place by the Conservatives, culminating rather shamefully in the previous Prime Minister standing at this Dispatch Box trying to score cheap laughs from his Back Benchers at the expense of vulnerable people. By contrast, this Government are clear that trans people deserve safety, opportunity and respect.
This verdict is about clarity and coherence in the eyes of the law, but the Supreme Court judges delivered along with that verdict a vital reminder: this is not about the triumph of one group at the expense of another. It is not about winners or losers, and it is not about us or them. That is the message I want to reinforce today in this House. Everyone in our society deserves dignity and respect. Those values are not and never will be a zero-sum battle. Dignity and respect for all—those are the values that lift us up and set us free. Those are the values that define and distinguish any modern and compassionate society. Those are the values that this Government will do everything to promote and protect, now and always. I commend this statement to the House.
In 2021 the Prime Minister said it was “not right” to say that only women have a cervix. In 2022 he said it was the law that “trans women are women”. In 2023 he said, “99% of women don’t have a penis”. I know what a woman is, and I always have. The people of this country know what a woman is. We did not need the Supreme Court to tell us that, but this Government did: a Labour Government so desperate to jump on a bandwagon that they abandoned common sense, along with the Scottish National party—which put rapists in women’s prisons—and, of course, the Liberal Democrats.
The Supreme Court ruling is a powerful victory for the determined women behind For Women Scotland, and for people all over the UK who know how important it is to give privacy and dignity to women and girls who need it, but it follows years of battle. Individual women took action to uphold the law at great personal cost, losing their jobs and their reputations. A few weeks ago I met the Darlington nurses who were forced to bring legal action after a male nurse started using their changing room. Even their union, the Royal College of Nursing, refused to represent them. Women should not have to battle the NHS or their employers through the courts.
Why has it been such a battle? Because something as simple as biological reality became politicised and corrupted by activists pushing this ideology as foolish politicians cheered. Even the Minister—who said in her statement that this was “personal” to her—stated just last year that men should access women’s spaces. Whether it is female victims in our courts being forced to refer to their male sex attackers as “she” or the NHS using confusing “gender-neutral” language, putting the health of women at risk, this is a serious matter.
At every point when we have fought for women, we have faced hostility from activist groups and the Labour party: in 2020, when we rejected Labour’s calls to introduce self-identification, and in 2021, when the then Home Secretary, my right hon. Friend the Member for Witham (Priti Patel), ordered police forces to stop recording offences by trans women in female crime statistics. The current Culture Secretary, the right hon. Member for Wigan (Lisa Nandy), said that crimes committed by men should be recorded how they wished, and that those convicted of serious sexual offences should be held in jails that matched their chosen gender. It was crazy then, and it is crazy now.
I spent years battling abuse from Labour Members as I fought to uphold biological sex in government and blocked the SNP’s introduction of its mad self-identity laws, and I will take no lectures from them about what to do on this issue. Women and gay rights groups such as the LGB Alliance were even refused stands at the Labour party conference. The idea that Labour has supported this all along is for the birds. The Foreign Secretary described opponents of self-ID as “dinosaurs”. Labour now says that it knows what a woman is, and that transgender people should use services and facilities designated for their biological sex. It has never said that before, and this is a U-turn, but we welcome it.
Now that we have legal clarity, will the Prime Minister show some courage and do the right thing? Will he apologise to the hon. Member for Canterbury (Rosie Duffield), who faced so many security concerns as she was hounded out by the Labour party, and who was rebuked by the Prime Minister, and by many Labour MPs who are sitting there looking at me, for stating what the Supreme Court has now ruled to be true? Will the Minister apologise to the hon. Member for Canterbury? I doubt it. Will the Prime Minister crack down on the groups whom we saw defacing statues of suffragists over the weekend with the same energy that he reserves for his political opponents, or will we see more two-tier justice? Last time we saw Labour MPs standing next to them with no rebuke whatsoever. Will the Minister ensure that the Equality and Human Rights Commission has the Government’s full support in its enforcement of the code of practice? In particular, will she condemn the Labour Ministers who described Baroness Falkner’s entirely correct position on the judgment as “appalling”?
We need to root out gender ideology from our institutions. This Government now have a serious job to do, as many organisations will still fail women. I ask the following questions. As Minister for Women and Equalities, I published guidance for schools that made it clear that toilets and changing rooms must be provided separately for girls and boys, but the Minister scrapped that guidance. Will she stand up to the unions and urgently publish what she now admits is the law? She has also scrapped relationships, sex and health education guidance that would prevent schools from teaching contested gender ideology as fact. Will she now publish the guidance, and remove materials that mis-state the law? Will she act to stop passports and licences being issued with information on them about self-declared, rather than legal, sex? Will the Government support our amendments to the data Bill to ensure that digital ID systems record biological sex accurately? Finally, the Minister says that she is here to protect transgender people, many of whom were misled by Labour’s mis-statements on this issue. Some are now left very anxious. She has not provided any reassurance, and she should not use them as a shield to protect her failure.
This is not the end of the matter, but the beginning of the end. There is so much to do, and the Conservative party, under my leadership, will be relentless in ensuring that the Government do the right thing.
I have supported countless women and children fleeing appalling male violence, sexual violence and domestic abuse. I have campaigned for decades on women’s rights. I know more than most about the importance of spaces for women—I have fought for them, I have delivered them and I have run them. While I was running a refuge, and while Labour was delivering the groundbreaking Equality Act, which, as this ruling confirms, sets in law the basis for single-sex spaces, what was the Leader of the Opposition doing? Forever the keyboard warrior, she was busy hacking the website of the leading architect of the Equality Act, and she has learned nothing from her party’s crushing electoral defeat last year. She held the post of Minister for Women and Equalities for two years and did precisely nothing. She provided no clarity in the law and nothing to improve the lives of women, which got materially worse on her watch.
The right hon. Lady comes here claiming to speak for women, but let us look at her record and her party’s record. There has been an increase in stalking offences. Prosecutions and convictions for domestic abuse have nearly halved since 2015. The rape charge rate is at a record low. Survivors of sexual violence are waiting years for justice. There has been a 2,000% increase in the use of mixed-sex wards in only 10 years. That is the Conservatives’ record.
The right hon. Lady asks about the Equality and Human Rights Commission’s statutory code of practice. I have set out that I am expecting an updated version of that as soon as possible. I will work with the Equality and Human Rights Commission to implement the code of practice, to make sure that everyone has the clarity that they require, and I expect the EHRC to work quickly and thoroughly on this matter.
The right hon. Lady asks about gender-questioning guidance and RSHE guidance. I am afraid that too is simply laughable. Mere months before the election was called, the Conservatives published a version of the draft guidance for gender-questioning children. Since that time, we have had the final review by Dr Hilary Cass published. It is right that we ensure that the guidance aligns with Dr Cass’s final review.
On the RSHE guidance, the consultation concluded after the election. We could not be clearer that we will always protect single-sex spaces, and we Labour Members are focused on delivering for women. Whereas the Leader of the Opposition has described maternity pay as “excessive” and called the minimum wage “harmful”, we are improving protections for pregnant women at work. We are ensuring that women can take maternity leave and come back to good, secure jobs. We are expanding childcare, the first 750 new free breakfast clubs opened today, and we have brought forward the single biggest piece of child protection legislation in a generation to protect young women and girls.
It is Labour’s groundbreaking Equality Act that provides the basis for what we have set out today about single-sex spaces for biological women. This Labour Government have a plan for change; a plan that will deliver for women. It is time for the Conservative party to get offline and get on board.
For years, we have had this intolerable debate, in which two vulnerable groups have been pitted against each other. Those two groups are afraid of the same thing—violence, mostly from men. The challenge for this Labour Government is to live up to the spirit of perhaps one of the proudest achievements of a previous Labour Government—the Equality Act—and protect everyone. If this Government are not able to do that, does the Minister think it would be acceptable to see trans women forced into men’s toilets, to face goodness knows what sort of aggression, and potentially violence, there? Will she confirm what she says about protecting trans rights? We need some leadership from this Government. I have written to the Minister and asked her if we will see legislation that gives that protection, because we must remember that what we are dealing with here is not hypothetical. It is about real lives, real fears and real concerns among the LGBT community. Equality and human rights should never be the preserve of one—
Where we can agree is that dignity and respect should be for all in our country—for women and for trans people—and trans people should not face discrimination or harassment on the basis of who they are. However, I believe that ensuring a society that treats everyone with dignity and respect is entirely compatible with ensuring that single-sex spaces can continue to exist for biological women who require safety and dignity, particularly following periods of terrible abuse. It is important that services are available for trans people in addition, and it is often the case that those services are much better provided by those with the specialist knowledge and expertise to deliver them.
I agree that this should not be seen as a conflict. The ruling from the Supreme Court, while being clear about the importance of biological sex, was at pains to stress that trans people do retain clear protections in law, and should be able to live their life free of harassment and discrimination.
“Patients should always be treated as the gender they identify as, regardless of what their transition looks like or how long they have shared their gender identity with others… Patients should always be in an environment that aligns with their gender identity.”
Would she say to this trust that it needs to act very quickly to change that guidance?
“It seems I am to be ghettoised into trans spaces”,
while another said that
“this ruling sends a message that trans people do not belong…however much we contribute”.
What does the Minister suggest I say to those constituents, and will she join me and the hon. Member for Bournemouth East (Tom Hayes) in meeting Dorset’s Space Youth Project for LGBT young people when it visits Parliament next week?
Because trans people are worried and scared, it is important to give reassurance. The Supreme Court clearly said that trans people remain protected under the Equality Act, regardless of whether they have a gender recognition certificate. The Supreme Court said that it could not rule on the definition of a woman beyond its use in the Equality Act. My constituents who are trans and their allies are deeply scared. Will the Minister stand at the Dispatch Box and repeat her support for trans people in my constituency and around our country?
I repeat the invitation mentioned by my friend the hon. Member for Mid Dorset and North Poole (Vikki Slade). At my invitation, young trans people from Bournemouth and Dorset are coming to this place to know that this is their Parliament, that they have a place here, and that they will be listened to, respected and have dignity. Will my right hon. Friend or another Minister come and meet them?
While I note the right hon. Member’s understandable concern about the behaviour of a minority that crosses a line into conduct that is potentially criminal and certainly unacceptable, we do need to tread with just a bit of care not to lump everyone into that category; I am sure that was not his intention. While there can be no place for intimidation or threats, or threats of violence, people do have the right to express their opinions in line with our long-standing right to freedom of speech.
The judgment is welcomed by women, children and, I believe, many others. Does the Minister agree that it is not an eradication of rights for any person in this United Kingdom, but an underlining of protection? What discussions will take place with Cabinet colleagues to bring about an end to, for example, posters that use the terminology “birthing people”, and to other such phrases being used in the NHS, and to instead ensure a return throughout UK health trusts to the court-declared definition of a woman? Today is a good day for women, a great day for the law, and a wonderful day for people, and for truth.
One additional observation is that the rights we are talking about were hard fought and hard won, and there was significant push-back over many periods. My hon. Friend will doubtless have had the same experience as I did: commissioners suggested that mixed-sex accommodation was appropriate when, in many cases, we were talking about vulnerable young women who had been exposed to sexual violence, including sexual abuse in the home, and what they wanted and needed was single-sex accommodation. It is important that we ensure that appropriate services are available for anyone who needs them. That means that, on occasion, trans people will also require separate provision, so that their needs—their healthcare needs, their support needs, and their needs in cases where they may face abuse and intimidation—can be properly met.
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