B

Baroness Smith of Malvern (Lab)

Speaking in the House of Lords on 5 November 2025

Debate

Equality and Human Rights Commission: Draft Updated Code of Practice

Contribution

On the noble Baroness’s last point, I do not believe there is anything in the previous code or in any future code that would prevent the NHS making decisions on the basis of clinical need, rather than any other reason. On the point the noble Baroness raises about the impact assessment, let me be absolutely clear: the EHRC has not been asked to carry out a full regulatory impact assessment, but rather to provide a minimum proportionate cost assessment to evidence exclusion from a full regulatory impact assessment and enable us to take an informed decision. Understanding costs and impacts is not new; it would have been a consideration in the 2011 code. The guidance on impact assessments was introduced by the party opposite, so I am sure they are familiar with the processes the Government have to follow.

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