Government Defies Supreme Court Ruling on Equality Legislation | Independent Analysis
Government defies Supreme Court equality ruling

In a dramatic constitutional confrontation, the UK government stands accused of flouting a landmark Supreme Court ruling that demanded proper equality impact assessments for all new legislation.

Ministerial Defiance Sparks Constitutional Crisis

Shadow Education Secretary Bridget Phillipson has launched a blistering attack on ministers, revealing they have deliberately ignored the court's requirement to assess how new laws affect protected characteristics under the Equality Act.

The Supreme Court's ruling last year established a crucial precedent, mandating that government must properly consider the impact of legislation on groups protected by equality laws. Yet internal documents obtained by the opposition show ministers have been advised to proceed without conducting these vital assessments.

"Profoundly Damaging to Our Democracy"

Phillipson didn't mince words when addressing the constitutional implications. "This is about the basic functioning of our democracy," she stated. "When ministers believe they can simply ignore rulings from our highest court, we're in dangerous territory."

The controversy centres around the government's approach to parliamentary sovereignty versus judicial authority. Ministers appear to be testing the boundaries of their power, choosing which court rulings to implement and which to disregard.

Expert Warnings Ignored

Legal experts and equality campaigners have expressed alarm at the government's stance. The Equality and Human Rights Commission, Britain's national equality body, had specifically endorsed the Supreme Court's approach, emphasising its importance for protecting vulnerable groups.

Despite this, multiple pieces of legislation have advanced through Parliament without the required equality impact assessments, raising questions about whether protected characteristics are being adequately considered in the law-making process.

What This Means for Future Legislation

The implications extend far beyond current bills. If the government establishes a precedent of ignoring Supreme Court rulings on equality matters, it could:

  • Undermine the authority of the judiciary
  • Weaken protections for minority groups
  • Create uncertainty about the status of future court rulings
  • Damage public trust in the legislative process

As Phillipson warned, "This isn't just about one piece of legislation - it's about whether we remain a country governed by the rule of law, where everyone is equal before it."