Current status: Answered by Kaukab Stewart on 29 August 2025
To ask the Scottish Government what cross-departmental discussions it has had regarding its strategy for providing a substantial response to the Equality and Human Rights Commission’s upcoming updated Code of Practice following the Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers, and whether it can provide details of its proposed process for responding to the updated Code of Practice, including its proposed timeframes.
A working group, convened by the Permanent Secretary, has been working at pace since April to review relevant policies, guidance and legislation impacted by the Supreme Court judgment. This Working Group is an internal group, comprising senior civil servants from across the Scottish Government. We have engaged at both Ministerial and official level with the Equality and Human Rights Commission (EHRC) as they have consulted on updates to their Code of Practice for services, public functions and associations and submitted a response to their public consultation. The EHRC code of practice will provide important guidance to organisations considering the implications of the judgment. However, work is already underway across the Scottish Government to actively consider the implications of the judgment, considering the legal framework in each area.
An interim update on the practical implications of the judgment was published by the EHRC on April 25, 2025. The EHRC is expected to submit it revised code of practice to the UK Government in the Autumn and we will engage further with the UK Government at that stage.