Seema Malhotra MP: speeches 2026

Speeches

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  As I have said before, it is extremely important that everyone has access to the services and facilities that they need. It is also important to recognise that, 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, and as organisations feel that they have the clarity they need to make the changes to ensure that they comply with the law.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  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. It is important that we continue to deal with this topic sensitively and with respect, and to make sure we engage as we move forward.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  I was not quite clear about that question, but I will say that the draft guidance is about supporting women and their rights and the provision of single-sex spaces, alongside treating trans people with dignity, and that will continue to be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.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  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. It also outlines that staff should be equipped to handle such sensitive situations. If someone still wants to engage someone whom they believe to be in the wrong space, we would expect them to do so in a way that does not compromise anyone’s safety. Women should not have to face intrusive questioning simply because they do not conform to feminine stereotypes, and the draft code is explicit that service providers must handle any such queries sensitively and proportionately. Everyone must have access to the services that they need.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  I thank the hon. Lady for her question. I do want, however, to challenge her on some of what she said. It is important to recognise and reassure trans people that there are still protections in the Equality Act via the gender reassignment protected characteristic, and this includes direct and indirect discrimination. It is also important to note and not to take for granted the choices that we make in government; they are active choices to pursue and support people’s rights. The Government have also recently updated hate crime legislation to make hate crimes against LGBT people an aggravated offence. We will also shortly bring forward legislation for a trans-inclusive conversion practice ban to end that abusive practice. It is important not to say that we are not supportive of trans rights and LGBT+ rights. We must recognise the progress we are making where we can, the complexity of the debate we are having today, and the importance of ensuring that, in complying with the law, we are supporting women and single-sex spaces alongside treating trans people with respect and dignity.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  We are certainly having some of that debate today, and it will certainly be possible for hon. Members to bring forward questions and raise matters in the usual way. My hon. Friend may well wish to raise issues and discuss them directly with the EHRC when it has its meeting for Members of Parliament, and I am sure she will continue to raise these matters in the House in the usual ways.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  I thank the hon. Lady for her comments and question. I again highlight how the draft code does provide further clarity on how service providers can follow the Supreme Court ruling in practice, and we can ensure that we both protect single-sex spaces and have services and support for trans people. It is important to recognise that although it cannot cover every scenario, the EHRC has provided key explanations and worked examples, also based on wide consultation, that every organisation can take and apply in its own context with common sense. If a service provider is not sure, it can and should take legal advice. I also want to mention the burden on business. The EHRC expects that for most aspects of the draft code, businesses will already be compliant, and for some businesses there will be no cost at all. For example, a small café might have one individual lockable toilet for use by all customers, and it would not need to change anything. It may be helpful for the House to know that the EHRC will be running a session to answer questions from Members of Parliament later this week, and there may be some matters that the hon. Lady wishes to raise directly.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  The hon. Member will be aware that people have operated in society with respect for each other in relation to single-sex spaces for a long time, and that will continue to be the case. It is important to note that access to a toilet should be very clear, and to recognise the Supreme Court ruling in relation to toilets: toilets that are designated as male or female should be for those of that biological sex. However, facilities can be provided in other ways, and a large number of organisations across the country already do so, whether by providing unisex toilets or individual lockable toilets. That means that those facilities are accessible by anybody.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  I have shared the process that we have been through, which is in line with the process outlined in the Equality Act 2006. It is important to note that, in line with that process, we have seen the consultation with the devolved Administrations; that work has also been done by the EHRC; and the Secretary of State has now laid the draft code before the House, as she committed to do.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  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. It is not unreasonable to expect there to be safe and private toilets for people to use when they are out and about.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  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.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  I believe that the Equality Act does live up to its name, and I am proud of the Equality Act. I think that what we are discussing here is compliance with the law, and I know that the whole House will want to send the message that no one should be concerned about going for operations or accessing services. It is important that any concerns are raised directly with those who are providing those services, and I am sure that reassurance will be given. I think that, in relation to the debate we are having, the hon. Lady will know that it is important that we get the balance right between supporting women and their rights, and ensuring that we uphold respect for all trans people.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  I thank my hon. Friend for her question. She will know that making sure that we can support women and their rights, alongside treating trans people with dignity, must be the priority for all of us. That is what we are aiming to achieve. That is why it is important that we have the draft code now available for scrutiny. We will continue to ensure that we provide single-sex spaces where needed, and also ensure that trans people have access to services to support their needs, in an environment of dignity and respect for all.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  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. It is also important that if a service provider is still unsure, it can take legal advice, but in addition, there will be an expectation that organisations are able to undertake training for their staff so that if there is any concern, there is a process to deal with any issue sensitively.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  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.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  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, which is clearly the case via the gender reassignment protected characteristic. As we move forward, it is important that we do so together, that as organisations and businesses implement changes we also learn as we go, all organisations feel supported in ensuring compliance with the law, and that in providing single-sex spaces, we do so with respect and dignity for all trans people.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  I know that my hon. Friend would not expect me to comment on individual cases. It is important to note that there is guidance in the draft code, with worked examples, and if an organisation is unsure, it will be important for it to be able to consult that guidance and to take legal advice, should it so wish, but there is also experience and common sense involved in this, as well as the application of the draft code with its examples that I think will provide answers to all organisations as to how they should proceed with the services they provide.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  I am aware that the shadow Secretary of State has written to the EHRC, and I am sure that the EHRC will be engaging directly in relation to those specific questions.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  The hon. Lady has great experience in this House, and she will know about the processes of engagement. She will also know about the consultation and the engagement that the EHRC has had in the development of the guidance and the fact that there were two periods of consultation last year. She may well wish to raise some matters with the EHRC directly, but it is important to recognise that we must respond to the ruling from the Supreme Court. It is also important to recognise that in upholding the law as it is in the Equality Act, we have a responsibility both to protect single-sex spaces and to ensure that the rights of trans people are respected and their services and needs are supported. I am sure that the hon. Lady will continue to raise those concerns.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  Although the draft code indicates that toilets designated as male or female should be for those of that biological sex, it is also the case that it will contain 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, and providing individual, lockable toilets or unisex toilets. There are many ways in which we can ensure inclusivity, and it is important that we do so.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  My hon. Friend will find that similar scenarios are shared in some of the guidance and the worked examples. For the vast majority of organisations, the changes may actually be very small. As organisations seek to comply with the guidance and the law, it is important to recognise that if there are changes to be made, as I said, in the vast majority of cases, they will be very small, and that they can take advice should they be unsure.

• 1 Jun 2026 · Equality Act 2010: Code of Practice · Hansard source

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  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 Equality and Human Rights Commission is the independent equality regulator, and it ensures compliance with the Equality Act 2010. Its code of practice covers all nine protected characteristics and the steps service providers should take to comply with the law. On receipt of the draft code from the EHRC in September, we consulted the devolved Governments in Wales and Scotland, per the process set out in the Equality Act 2006. The EHRC sent the Government an updated draft code in April, following engagement and further legal analysis, ensuring it is robust and accessible with clear explanations. The Minister for Women and Equalities updated Parliament in April, with the Government committed to laying the code in May following restrictions during the pre-election period. My right hon. Friend honoured that commitment on 21 May. The EHRC has worked hard to produce a code that works for everyone. Following the laying of the draft code, there is now a 40-day period, not including the recess, that allows for parliamentary scrutiny, as set out in the Equality Act 2006. If neither House disapproves the draft in this period, the Minister can then revoke the 2011 code by regulations and then bring the new code into force by a commencement order. Today, I want to update the House on the contents of the code, in particular what has changed between this draft code and the 2011 version. The updates are primarily where there have been legislative changes, developments in case law, a change or clarification of terminology, or new guidance issued since the original code was published in 2011. The most substantial changes relate to the ruling by the Supreme Court in the case of For Women Scotland Ltd v. The Scottish Ministers handed down on 16 April 2025. The judgment set out that sex means biological sex for the purposes of the Equality Act 2010, and that trans people are still protected by the Act. In its judgment, the Supreme Court also warned against reading the judgment “as a triumph of one or more groups in our society at the expense of another”. That is why this Government will always treat these issues sensitively and will refuse to use any group as a political football. The Government have been clear that we will protect single-sex spaces based on biological sex where they are needed, such as women’s refuges. We have also been clear that everyone, including trans people, should have the right to access the services they need in a way that is respectful, protects dignity and privacy, and ensures adequate provision. Changes primarily relate to the provision of sex-based services, when it is lawful to limit access to services and associations based on sex and gender reassignment, implications for competitive sport, and asking about someone’s sex. For duty bearers, the draft code provides further clarity on how service providers can follow the Supreme Court ruling in practice. Although it cannot cover every single scenario, the EHRC has provided key explanations and worked examples, meaning that there is something that every organisation can take from it and apply in their own context with common sense. If a service provider still is not sure, perhaps because of a quite specific circumstance, they should take legal advice. For clarity, the draft code indicates that a single-sex service should be provided on the basis of biological sex, so a women-only service should be for biological women only. Service providers should find that the code provides certainty and clarity on who can access single-sex services and how they can best ensure women’s privacy, dignity and safety. The code encourages services to communicate their policy on single-sex provision clearly, empowering women to make informed choices when accessing services. This could be especially useful for those women who, for feelings of safety or cultural or religious reasons, are unable to share some spaces with men. The draft code is also clear that trans people should not be left without services to use. Providers could provide mixed-sex facilities or specific support for trans people. We believe service providers will be able to find the right balance for everyone. Members have raised accessing toilet facilities. The code indicates that toilets designated as male or female should be for those of that biological sex. Trans people can use accessible toilets, individual lockable toilets or unisex toilets. The draft code reflects that there should be—must be—toilet services for all, and many businesses and service providers will already meet those requirements. For example, a small café might have only one or two individual locked toilets for use by all customers. The draft code provides practical guidance on different ways to comply with the law. Some organisations will not need to make any changes at all and for those that do, in the majority of cases, we are talking about changing signs on existing facilities or updating them so that they are fully enclosed. What the code does not provide is the right for members of the public to challenge one another on their sex and access to those spaces. People have been using single-sex spaces with a sensible and respectful attitude to other users for years and will continue to do so. Most people have the common sense to step in when necessary, when a person of the opposite biological sex enters a single-sex facility in error, for example, or to know when to alert a member of staff. The draft code provides clarity to service providers to ensure that people have access to services that are private and safe. I am aware that some have also raised concerns over the code’s content regarding special category personal data. The code states that where an individual is asked to confirm their sex, that should be done sensitively and with respect for their privacy. The draft code explains that information about sex is likely to constitute special category personal data, where, for example, asking about sex may lead to the disclosure of someone’s medical history or the fact that they have a gender recognition certificate. The code advises providers to handle such conversations appropriately. We will work with the EHRC to ensure that service providers understand what is required of them when handling data. There is also an interest in associations. If an association is for “women only”, the draft code indicates that that should be on the basis of biological sex. The draft code’s section on associations based on more than one protected characteristic means that an association that wants to be trans-inclusive can do so by basing its membership on both sex and gender reassignment. There are also changes to disability, maternity and pregnancy protections. The draft code highlights protections for disabled people in the Equality Act that expand on what was included in the previous code, such as non-discrimination in relation to access to services. This will be the first time they are recognised and explained in the code. This is an important step for disabled people’s rights. For pregnant and breastfeeding women, the updated code highlights that harassment relating to breastfeeding may also constitute unlawful harassment on the grounds of sex, confirming that women are protected. The code also highlights that while the protected characteristic of pregnancy and maternity is not covered directly under the harassment protections in the Act, it is indirectly covered, as such harassment amounts to harassment related to sex. We note the wider interest in the implementation of the For Women Scotland judgment and the draft code across Government. We are committed to doing this and are working across Departments, considering the implications of the code on policies and activities. The Equality Act is one of the most significant achievements in modern British history which was enacted by the previous Labour Government. It is the quiet guardian in millions of people’s daily lives. This Government will uphold and protect it, not weaken it. We are grateful to the EHRC for its work on the draft code to ensure that duty bearers and service users have up-to-date guidance on the Equality Act. We will always uphold our British values of treating everyone with dignity and respect. I commend this statement to the House.

• 21 Apr 2026 · Topical Questions · Hansard source

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  I can give my hon. Friend the assurance that we continue to raise the important case of Jagtar Singh Johal and to seek a resolution to his case as soon as we can.

• 12 Mar 2026 · International Women’s Day · Hansard source

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  I thank the hon. Gentleman for his comments and wish all the women in his family a very happy International Women’s Day. Let the message ring out from this House that every girl is a leader. He is absolutely right that we must look at where women come under threats online or through violence, and do everything to protect women and girls across the UK and around the world. We speak today about the agenda of women’s progress, but we must remind ourselves that although we have made progress, men and women are still not equal—not equal at home and not equal abroad. Indeed, we face the new challenge of a misogynistic insurgency that is determined to roll back women’s rights. When we look at the level of online abuse, sexual harassment and intimidation, it is horrifying to see products that appear designed to make money out of the sexual harassment of women. Today, I want to make three main arguments: that women are still not equal, that we must be uncompromising in resisting the backlash against women’s rights, and that in these fragmented times women must work with women around the world. In a world where inequality persists in society, in the economy and in power, I am proud that Labour, led by a Cabinet that is 46% women, is putting the progress of women at the heart of its missions. That is not a coincidence. Women’s representation in politics drives new conversations and puts wider issues on the agenda. Of the 695 women ever elected to the House of Commons, 405, or 58%, were first elected as Labour MPs and 182, or 26%, as Conservative MPs.

• 12 Mar 2026 · International Women’s Day · Hansard source

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  I thank my hon. Friend for her comments. That debate continues, and I will touch on some relevant issues later in my speech. Last week, alongside the Minister for Women and Equalities, I was proud to launch our voluntary action plans. Under the Employment Rights Act 2025, employers with over 250 employees will be asked to submit action plans showing how they will reduce their gender pay gaps and support employees going through the menopause. We are working with business leaders, civil society organisations and trade unions, because we cannot reach workplace equality without the support and commitment of all. The removal of the two-child limit will lift 450,000 children out of relative poverty in the final year of this Parliament. As we know, poverty impacts women, whom the Women’s Budget Group describe as the “shock absorbers of poverty”. On business, the Chancellor has backed the Invest in Women taskforce, launching a funding pool of over £600 million, including £130 million from the British Business Bank, to be invested in women-led businesses. It is the largest fund of its kind globally, addressing the enormous barriers to access to finance that exist for women. Alongside that, the Government are supporting more women in the UK’s tech sector. Every year, the economy loses an estimated £2 billion to £3.5 billion because women leave the tech sector or change sectors due to barriers that should not exist. Men outnumber women by four to one in computer science degrees, which is a subject I studied. Women are less likely to enter tech, stay in the sector or rise to leadership roles.