A Statement on the Equality Act 2010: Draft Code of Practice

A Statement on the Equality Act 2010: Draft Code of Practice 

Dear Friends, 

I want to thank everyone of you who has got in touch with me in the last few weeks to express concern about what the new Draft Code of Practice means for our trans community. Speaking with trans constituents in the lead up to its publication, I said that I wanted to see appropriate and inclusive guidance approved that allows everyone to live with safety, dignity, and respect. I am concerned that this Code will not achieve that.   

That is why I have signed the EDM 240 to disapprove the Code. This prayer-type motion is not like a regular EDM, it is the only available mechanism through which Parliament can open a debate and stop the Code from coming into force. I join over 140 colleagues in the House in saying that we need a debate and we need a vote. 

Right back in April 2025, I said to the Equalities Minister that the overwhelming danger to women comes not from trans women, but from cis men. Policing the toilet use of trans people is not the solution to the very serious problem of violence against women. We do not need to pit the rights and freedoms of cisgender women against those of transgender women.  

While we must recognise that the 2025 Supreme Court judgement in For Women Scotland v The Scottish Ministers has important implications for the application of the Equality Act 2010, I fear this Code will put transgender members of our community at increased risk of harassment and violence. As my colleague, Nadia Whittome MP, has said: “The Code represents a profound rollback of rights, which will affect trans people directly and erode the principles of inclusion, dignity and equality upon which all our rights depend.” 

I hope the Government recognises the need for a proper debate and vote on this Code.  

In the meantime, I will continue to work on ensuring all of my constituents are able to live their lives with dignity and respect. Compassion and understanding need to be at the heart of everything we do. If we need to introduce legislative changes to make that happen, then that is what we should do. That is the Labour way. 

Best wishes, 

Rt Hon Dame Emily Thornberry MP 

Islington South and Finsbury