Holyrood body admits causing 'upset' amid calls to U-turn on its trans toilet policy

A Holyrood body admits people will be “upset” and “anxious” about its ban on trans women using the parliament’s female toilets.

Last month the Scottish Parliamentary Corporate Body (SPCB) ruled that single-sex spaces such as toilets and changing rooms must be interpreted by biological sex only, meaning trans people would not be allowed to use the facilities of their acquired gender.

This comes after the UK Supreme Court ruled that the terms “woman” and “sex” in the Equality Act 2010 refers to biological sex.

The Scottish Parliament.

Scottish Green co-leader Patrick Harvie has now called for the SPCB to rescind this decision.

He said: “In previous discussions in this chamber and in a letter to me, the SPCB says it remains committed to an inclusive environment and its intention is that everyone should feel welcome and included in Holyrood.

“But this demonstrates the opposite - this makes trans people feel significantly less welcome at parliament.

“The decision is described as one that brings confidence and dignity to everyone, but it will exclude and segregate trans people in the heart of Scotland’s democracy.”

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He added the toilet ban is already having a “negative impact” on trans and gender non-conforming members of staff.

Mr Harvie added: “Surely it is time for the SPCB to think again and rescind this unclear, unfair position?”

Jackson Carlaw MSP, who was speaking on behalf of the SPCB, said the body cannot debate the rights and wrongs of the Supreme Court judgement.

He said: “It is our job to ensure we are implementing the law as communicated to us.

“Let me acknowledge on behalf of the body that for some this has proved upsetting and has caused anxiety.”

Mr Carlaw added: “It is our responsibility as a service provider and employer to recognise the judgement had immediate legal effect.

“We took urgent steps to review this for facilities in Holyrood in line with the Equality and Human Rights Commission statement on the Equality Act 2010 and our need to comply with it.”

Jackson Carlaw MSP.

Pam Gosal MSP warned the parliament would have risked using taxpayers’ cash to foot expensive legal bills if it had not made this decision.

She said: “Let’s be clear, we are talking about the UK Supreme Court.

“The law is the law, and nobody is above it.”

The Scottish Government has come under increasing pressure to update its guidance to public bodies on single-sex spaces following the court judgement.

Earlier this week the campaign group Sex Matters sent a legal letter to Scottish ministers threatening to take them back to court if it does not update its guidance.

The government says it is waiting for official guidance from the Equality and Human Rights Commission before updating its guidance.

Earlier this week Education Secretary Jenny Gilruth also said she was not concerned about schools having to make their own decisions on single-sex spaces.

Mr Harvie’s calls to reverse the decision on single-sex spaces was criticised by Alexander Burnett MSP, who said: “This is turning our management board into a university debating society, which seems par for the course in this parliament.”