John Swinney on why he does not regret support for SNP's gender recognition reforms

John Swinney has stood by the Scottish Government’s gender recognition reforms despite Anas Sarwar having a change of heart.

First Minister John Swinney has insisted he does not regret his support for the Scottish Government’s now-scrapped gender recognition reforms (GRR) as he hit out at Anas Sarwar for “flip-flopping on everything”.

His comments came after the Scottish Labour leader repeated remarks made to the BBC last year by telling the Holyrood Sources podcast that he would have opposed the legislation “knowing what we know now”.

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First Minister John Swinney (Picture: Jane Barlow)First Minister John Swinney (Picture: Jane Barlow)
First Minister John Swinney (Picture: Jane Barlow) | PA

MSPs overwhelmingly supported the gender reform proposals in Holyrood by 86 votes to 39 in 2022. But the legislation was later blocked by the-then Conservative UK government, which said despite being devolved, they violated UK-wide equalities laws.

The legislation would have simplified the process for trans people to get a gender recognition certificate in their acquired gender. It introduced self-identification without a medical diagnosis as part of the reforms, but did not alter any rules around single sex spaces.

Like the SNP Government, Mr Sarwar whipped his MSPs to support the legislation, with the Scottish Labour leader in hindsight now indicating he regretted his support for the legislation.

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Asked whether he still backs the legislation, Mr Swinney said: “I do not regret my support from the GRR Bill. It was a product of careful consideration by the Scottish Government in terms of the formulation of the legislation.

“It was a subject of very, very, very extensive parliamentary consideration of the legislation.”

Mr Swinney added: “I think what it was an attempt to do was to try to improve the circumstances of a very small minority in our country, in the trans community, and to make life a bit easier for them.

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“That was the purpose of the legislation, and that was why I was happy to support it.”

Mr Sarwar restated his opposition to the gender reforms while expressing his support for Sandie Peggie, the nurse at the centre of an employment tribunal against NHS Fife.

She objected to sharing a female changing room with Dr Beth Upton, a transgender doctor. She also reportedly faces a separate conduct hearing for allegedly misgendering Dr Upton.

The First Minister refused to comment on the ongoing tribunal.

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He said: “There’s a live case going on in NHS Fife, and I am just not going to talk about the details of that live case because it’s wrong for the First Minister to comment on live cases that are under way.

“I therefore quite understand why the Government said that there was not a statement to be made yesterday to Parliament on the NHS Fife case, because it’s a live case, and it is subjudice.”

The First Minister also hit out at Mr Sarwar for what he claimed was pandering to Reform, accusing the Scottish Labour leader of changing his position on certain policy issues.

Scottish Labour leader Anas SarwarScottish Labour leader Anas Sarwar
Scottish Labour leader Anas Sarwar | PA

He pointed to Reform UK deputy leader Richard Tice, who Mr Swinney said had said “let’s check all this net zero stuff and not do it”.

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Mr Swinney said: “Because of the pressure of Reform, other parties are prepared to kowtow to that - and I won’t do it.

“I’ve made clear I’m going to absolutely shut the door on Reform ideas, their agenda - I’m just not interested. As a consequence of their rise, they are motivating others to change tact. That’s what Anas Sarwar’s doing, every day of the week. I’m not having any of it.”

The First Minister accused Mr Sarwar of “flip-flipping on everything”.

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