John Swinney told to 'lay down the law on single-sex spaces'

John Swinney will be told to lay down the law to public bodies on women’s single-sex spaces later this week.

The Scottish Conservatives are due to lead a debate on this on Wednesday afternoon, and will use their allotted debate time to call on the First Minister to provide clarity on single-sex spaces for the likes of health boards, quangos and charities.

Party leader Russell Findlay says the legal rights of biological females to access toilets and changing rooms free from male-bodied colleagues is being overridden by bosses who follow the SNP’s gender self-ID policy.

The Scottish Conservatives will lead a debate on single-sex spaces. | Press Association.

This comes on the back of the case of the employment tribunal between nurse Sandie Peggie, and Dr Beth Upton and NHS Fife.

Ms Peggie took her employers to a tribunal after she was suspended for refusing to share a changing room with Dr Upton, who identifies as a trans woman.

The tribunal has reignited the debate on trans rights regarding single-sex spaces, and led to angry scenes in the Scottish Parliament after several MSPs had their requests for urgent and topical questions to the government on this matter denied.

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During Wednesday’s debate, Mr Findlay is expected to accuse the nationalists of allowing former first minister Nicola Sturgeon’s “reckless” self-ID policy to become embedded in public institutions, which he will argue is putting women’s safety at risk.

This comes after Ms Sturgeon was booed by protestors on her way into an SNP event to celebrate International Women’s Day at the weekend.

Mr Findlay said: “The SNP’s gender bill was rightly blocked by the previous UK Conservative government, but its dangerous legacy lives on - and women’s rights are being trashed as a result.

Scottish Conservative leader Russell Findlay. | Lisa Ferguson/National World

“Nicola Sturgeon’s reckless policy seems to have been adopted across the NHS, education and justice systems and even by rape support charities.

“The SNP government must provide firm, clear instructions to public sector employers that the rights of women transcend those of male-bodied individuals, including dangerous predators, who seek to access female toilets and changing areas.

“It defies belief that John Swinney says he still backs gender self-ID despite the grotesque farce of a rapist being housed in a women’s prison.

“No wonder public bodies are all over the place on this issue.

“The people of Scotland expect some common sense to be applied, and only our party can be trusted to do so.”

During Ms Sturgeon’s time as First Minister, a majority of MSPs passed the Gender Recognition Reform (Scotland) Bill in 2022, which aimed to make it easier for a trans person to legally change their gender.

Former first minister Nicola Sturgeon. | Phil Wilkinson/Scotland's Housing Festival.

The bill would have reduced the age at which a person can apply for a gender recognition certificate to 16, reduced the amount of time a person needs to live in their acquired gender, and removed the need for a medical diagnosis of gender dysphoria, known as self-ID.

The bill was blocked from becoming law by the former UK Conservative government, which was challenged in the courts by former first minister Humza Yousaf.

Scottish ministers are now awaiting a verdict from the UK Supreme Court on the legal definition of a woman.

The debate did not stop there - government ministers came under fierce criticism after double rapist Isla Bryson, who identifies as a trans woman, was initially placed in a women’s prison.

Bryson was later moved to the male estate after a public backlash.

At the end of last year Glasgow and Clyde Rape Crisis split from Rape Crisis Scotland over conflicts around the inclusion of trans women in its support services.

This comes after Edinburgh Rape Crisis Centre was criticised in a damning review which found the actions of staff “had caused damage to some survivors” by failing to protect women-only spaces, and that its former chief executive Mridul Wadhwa, who identifies as a trans woman, did not behave professionally.

Rape Crisis Scotland’s chief executive Sandy Brindley apologised for the failings and said its members should provide single-sex spaces, but added there was “no inherent reason … that you could not have a trans person working within a rape crisis centre”.

Most recently the issue has centred around the government’s guidance on single-sex spaces to public bodies such as hospital boards because of the NHS Fife employment tribunal.

Over the weekend Naomi Cunningham, the barrister representing Sandie Peggie, warned Police Scotland is sleepwalking into a similar legal battle by allowing trans staff to use the changing room of their choice.

Nurse Sandie Peggie. | Andrew Milligan/Press Association.

It was reported police insiders say female officers are reluctant to challenge the policy after the force threatened disciplinary action against staff who act “unfairly” over the guidance.

Last month The Scotsman revealed SNP ministers will now not be drawing up revised gender reform legislation, ending any possibility of a self-ID process for trans people in Scotland.

Instead, the Scottish Government will wait for the UK Government to bring forward UK-wide reforms to the Gender Recognition Act 2004.

A Scottish Government spokeswoman said: “The Scottish Government expects all relevant organisations to comply with the requirements of the Equality Act 2010.

“We have been clear in our support for the separate and single sex exceptions in the Act, which can allow for people to be excluded when this is a proportionate means of achieving a legitimate aim.

“As employers, organisations may need to consider the impact of other legislation, such as the requirements of the law on health and safety in workplaces.”