John Swinney refuses to issue apology to women after Supreme Court verdict

John Swinney has refused to issue an apology to women after last week’s Supreme Court verdict.

On Wednesday the UK Supreme Court ruled that the definition of “woman” and “sex” in the Equality Act 2010 refers to biological sex, shattering the Scottish Government’s legal argument.

However the First Minister is refusing to say a trans woman is not a woman, and says he has “no regrets” over his support for self-ID.

First Minister John Swinney | Jane Barlow/Press Association

Nicola Sturgeon’s former chief of staff has also said neither side of the debate can say they were “absolutely” right, despite the unanimous verdict.

Mr Swinney was being interviewed on BBC The Sunday Show when he was asked if he would apologise - he said: “I think what’s important in my answer I give is to start by accepting the outcome of the Supreme Court judgement, because I believe in the rule of law.

“On two previous occasions in Scotland the courts have supported the position of the Scottish Government, but the Supreme Court has taken a different view.

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“I accept that ultimate judgement.”

He added his government is now taking advice from the Equality and Human Rights Commission and will be making a statement in Holyrood later in the week.

On the same programme Liz Lloyd, Ms Sturgeon’s former chief of staff, was asked if Ms Sturgeon should also apologise to women.

Several calls have been made for the former first minister to apologise to women after her government’s failed attempt to introduce self-ID for trans people, including from her party colleague Joanna Cherry KC.

Ms Lloyd said: “I don’t think either side of this debate could really walk around with a halo over their head saying we got this absolutely right.

Nicola Sturgeon's former chief of staff Liz Llloyd departs the Covid inquiry at the Edinburgh International Conference Centre. Picture: Getty Images | Getty Images

“Not every woman in society agreed with those campaigning women who have fought their corner and taken that to the Supreme Court and won.

“The people who are feeling the most vulnerable, afraid and scared are the trans community who by virtue of trying to make their lives better have seen their rights set back hugely - that is a difficult thing for them.

When asked if a trans woman is not a woman on the back of the Supreme Court verdict, Mr Swinney said: “Well that’s the current legal position - it hasn’t been changed by any of the legislation.”

During his interview he also said the court verdict “provides clarity which wasn’t in existence before” and said his government will now take forward the necessary guidance for public bodies on single-sex spaces.

However, he said he still wants to ensure the rights of trans people in Scotland are protected, and says he does not regret supporting the Gender Recognition Reform (Scotland) Bill.

A majority of MSPs in Holyrood supported this bill in December 2022, which aimed to make it easier for trans people to legally change their gender.

It aimed to do this by reducing the amount of time a person needs to live in their acquired gender, lowering the age at which a person can get a gender recognition certificate to 16, and removing the need for a medical diagnosis of gender dysphoria, also known as self-ID. It never became law after the former Conservative UK Government blocked it from gaining royal assent.

Susan Smith and Marion Calder, right, co-directors of For Women Scotland with campaigners celebrate outside the Supreme Court in London after terms "woman" and "sex" in the Equality Act were ruled to refer to a biological woman and biological sex (Picture: Lucy North/PA Wire) | Lucy North/Press Association

Mr Swinney said: “I’ve made it crystal clear that I want to protect the rights of everyone.

“I acknowledge the anxiety in the trans community.

“The Scottish Government has to consider the implications of the ruling given by the Supreme Court and we will make a statement to parliament on Wednesday to determine how the government will progress on these issues and determine the next steps we take.

“But fundamentally we must act to protect all within society, which is what the Supreme Court ruling indicated - the trans community have established legal rights to ensure they are protected.

“I supported the legislation because I wanted to make sure the lives of trans people were made better as a consequence.

“I don’t regret supporting the legislation.”