Scottish Government requests urgent meeting as pressure mounts over self-ID gender policies

SNP ministers have requested an emergency meeting with the UK Government as they come under increasing pressure to drop self-ID policies in the wake of a Supreme Court judgement on the definition of a woman.

The Scottish Government has committed to making a ministerial statement in Holyrood next week after the Scottish Conservatives demanded an urgent update on guidance regarding single-sex spaces.

READ MORE: UK Supreme Court rules women in the Equality Act refers to biological sex

Pressure has intensified on government ministers to make an official statement on how single-sex spaces in places like hospitals, schools and prisons should operate in the wake of Wednesday’s Supreme Court verdict.

The court ruled that “woman” and “sex” in the Equality Act 2010 refers to biological sex, and said Scottish ministers were “incorrect” in the guidance issued on who could be classed as a woman.

The Conservatives had written to the Scottish Government and Holyrood’s Presiding Officer Alison Johnstone demanding a ministerial statement take place next week to update the guidance on single-sex spaces to biological sex only.

This would exclude trans women from using female-only facilities such as toilets and changing rooms.

A Scottish Government spokesperson confirmed ministers were pursuing two key meetings.

“The Supreme Court judgment has given clarity between two pieces of legislation passed at Westminster and we have accepted this in full,” the spokesperson said.

“Scottish ministers have now written to the UK Government to seek an urgent meeting to discuss the implications of the judgment, and the Social Justice Secretary will give a statement to the Scottish Parliament next week, subject to Parliamentary approval. Ministers will also meet the Equality and Human Rights Commission (EHRC) next week.”

The spokesperson added: “The Scottish Government acted in good faith in our interpretation of both the Gender Recognition Act 2004 and the Equality Act 2010; and our approach was guided by the published guidance of the EHRC.

“The Supreme Court judgment explicitly references that this stance was consistent with EHRC advice and we note that that the EHRC are now reviewing their guidance to reflect the ruling.”

The statement was issued after Scottish Conservative leader Russell Findlay said the SNP’s gender policies must be dropped “for good”.

First Minister John Swinney is set to turn down the pay rise awarded to ministerial colleagues (Picture: Jeff Mitchell/PA Wire) | Jeff J Mitchell/Getty Images

Mr Findlay said John Swinney should apologise to the women of Scotland for the “bitter divisions” caused by the Scottish Government’s gender legislation.

“Let me send this message to John Swinney and the SNP - enough is enough,” he said. “Drop your divisive policy of gender self-ID for good.”

Mr Findlay said the Gender Recognition Reform Bill, which was passed at Holyrood, but was halted by the previous UK government, must not return “in any form”.

Speaking to journalists, Mr Findlay said the Tories were pressing for a statement on the issue when Holyrood returns from recess next week. He also said the Government must instruct all public bodies to adhere to the ruling, which he said was “decisive and crystal clear”.

MSPs Tess White and Pam Gosal have also written to Holyrood’s equalities, human rights and civil justice committee to ask it to discuss the implications of the Supreme Court verdict.

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Alba MSP Ash Regan separately lodged a motion in Parliament to call on the Government to end the practice of self-ID in hospitals, schools and prisons.

Ms Regan said: “Gender self-ID is happening across public bodies in Scotland, in our schools, our hospitals and our prisons. As a result, the safety, the privacy and the dignity of women and girls is jeopardised every day.

For Women Scotland campaigners outside the UK Supreme Court. | Lucy North/Press Association

“The Scottish Government must now set out, immediately, actions it intends to take to roll back these untenable and unlawful practices across Scotland.”

Scottish Labour leader Anas Sarwar said the Government now needs to give “clear guidance” on single-sex spaces.

He said: “I’ve always believed in the primacy of the Equality Act and have argued for the protection of single-sex spaces based on biological sex. Under the SNP Government, there has been a bit of a gray area around how that law is enacted by our public services.

“Now that we have a clear judgement, I think the SNP Government has to issue clear guidance so that we can ensure the Equality Act is upheld for all communities.”

Scottish Labour had whipped its MSPs into supporting the SNP’s gender reforms back in 2022, which would have impacted single-sex spaces. Mr Sarwar has since said he is not trying to rewrite history by U-turning on his position.

The Scottish Government on Wednesday said it was now considering the implications of the Supreme Court verdict, adding in a statement: “We want to reassure everyone that the Scottish Government is fully committed to protecting everyone’s rights, to ensure that Scotland remains an inclusive country.”