SNP ministers told 'stop wasting time' on gender ideology as policies reviewed after court ruling

Ministers have been told to stop wasting time and taxpayers' money on “harmful gender ideology” after Scotland’s Social Justice Secretary could not say when fresh guidance on single-sex spaces would be issued.

Shirley-Anne Somerville was unable to give a timeframe on when fresh guidance on single-sex spaces will be issued, following the Scottish Government’s defeat in the high-profile court case against campaign group For Women Scotland.

In response to Ms Somerville’s statement to MSPs, Scottish Tory leader Russell Findlay demanded an apology from First Minister John Swinney for the “damage” that had been caused by gender ideology, which he said “must now be rooted out of our entire public sector”.

Mr Findlay added: “Far too much time and taxpayers’ money has been wasted on this nonsense. The country needs to move on.”

At Westminster, in his first public comments since the justices’ decision on April 16, Sir Keir Starmer U-turned on his previous stance.

The Prime Minister said a woman is an “adult female” and, when asked to repeat his previous statement that “trans women are women”, added: “I think the Supreme Court has answered that question.”

Conservative leader Kemi Badenoch demanded Sir Keir “show some courage and do the right thing” by cracking down on trans rights activists who daubed statues with graffiti in protests over the weekend.

Campaigners for For Women Scotland (FWS) celebrate outside the Supreme Court in London | PA

Meanwhile, the Faculty of Advocates intervened in the debate by demanding Green MSP Maggie Chapman issue an apology for her “irresponsible and reprehensible” comments following last week’s verdict.

Roddy Dunlop KC, dean of the faculty, also suggested she should be removed from Holyrood’s equalities, human rights and civil justice committee, and argued her comments put the judges at “risk of danger”.

Ms Somerville told MSPs ministers are reviewing their policies and practices and that work had already begun to ensure procedures and guidance are compatible with the judgment, which is expected to have wide-ranging implications for issues such as single-sex spaces.

However, she could not confirm when new guidance will be issued to public bodies, including the NHS, because ministers are awaiting an update from the Equality and Human Rights Commission (EHRC).

Ms Somerville also said the SNP’s gender recognition reforms, which were previously blocked by the UK Government, will not be brought back.

Judges unanimously ruled that a woman is defined by biological sex under equality laws.The case stemmed from legal action brought by campaign group For Women Scotland against the Scottish Government over legislation to improve gender representation on public sector boards. The latter had included trans women in its definition of women.

Ms Somerville told MSPs: “We fully accept the Supreme Court’s judgment and have begun to analyse the impact. We are amending the guidance on the public boards legislation to take account of the ruling.”

She added: “The issues that surround the Supreme Court case are challenging and will need careful consideration so that the public sector can ensure the dignity and safety of everyone that uses their services. It is vital that the EHRC now issue clear, practical guidance in response to that judgment.”

She and Neil Gray, the Health Secretary, will meet with the EHRC on Thursday, she said, “and will seek an update on their plans for renewed guidance by the summer”.

Ms Somerville said she was “not in a position to be able to say when guidance will be updated across government” ahead of this.

Tory MSP Tess White said the policy of self-identification was “embedded like Japanese knotweed in our public institutions”, adding: “While it smacks of asking an arsonist to extinguish the fire, will the Cabinet Secretary secure written assurances from all of its public bodies that they will put the policies in place, complying with the Supreme Court ruling within three months after meeting the EHRC?”

Ms Somerville said: “I can give her the reassurance that across the Scottish Government there is work that has now begun to ensure that policies, practices, procedures and guidance are absolutely compatible with the judgment of the Supreme Court and with the law. That rule of law is exceptionally important to the government.”

She said services and facilities “may have to be delivered in a different way in some aspects”.

Elsewhere, she said: “Stakeholders that represent trans and non-binary people are reporting real anxiety from their networks and service users and concerns about their daily lives.

“It is significant that the Supreme Court stated in their judgment that the rights of the trans community are enshrined in law and I want to reassure our trans community that you are valued and the Scottish Government is fully committed to protecting everyone’s rights and that includes your community.”

Following Ms Somerville’s statement, Mr Findlay said: “My party was the sole voice of reason in this parliament to warn of the dangers of gender self-ID and stand up for women’s rights.“John Swinney now wants to distance himself from it all but as Nicola Sturgeon’s deputy and strongest ally he was happy to betray women and vote down reasonable, common-sense amendments to her bill.

“It’s shameful that, even after their humiliating Supreme Court defeat, SNP ministers still won’t apologise to the people of Scotland, especially women, for the damage they’ve done.”

Sir Keir said he was “really pleased” with the clarity that the court’s ruling offers.

In March 2022, before entering No 10, Sir Keir said “a woman is a female adult, and in addition to that trans women are women, and that is not just my view – that is actually the law”.

But asked on Tuesday to repeat his previous statement that “trans women are women”, he said: “I think the Supreme Court has answered that question.”

Asked if that means he does not believe a transgender woman is a woman, he told ITV West Country: “A woman is an adult female, and the court has made that absolutely clear.

“I actually welcome the judgment because I think it gives real clarity.

“It allows those that have got to draw up guidance to be really clear about what that guidance should say.

“So I think it’s important that we see the judgment for what it is.

“It’s a welcome step forward.

“It’s real clarity in an area where we did need clarity, I’m pleased it’s come about.

“We need to move and make sure that we now ensure that all guidance is in the right place according to that judgment.”

Downing Street confirmed the Prime Minister’s U-turn from his earlier position.

Asked if Sir Keir still believed that a transgender woman was a woman, the Prime Minister’s official spokesman said: “No, the Supreme Court judgment has made clear that when looking at the Equality Act, a woman is a biological woman.

“That is set out clearly by the court judgment.”

The official would not comment on Sir Keir’s remarks before entering government but said he had been very clear that “a woman is an adult female” and “the court has made that absolutely clear”.

The Supreme Court confirmed the terms “woman” and “sex” in the 2010 Equality Act “refer to a biological woman and biological sex”.

This means transgender women with a gender recognition certificate (GRC) can be excluded from single-sex spaces if “proportionate”.

Equalities minister Bridget Phillipson said the ruling means transgender women should use male toilets but suggested businesses should ensure “they have appropriate provision in place” for all customers.

That could mean the wider use of unisex facilities in cafes, pubs and restaurants in order to ensure “dignity” for all people.