Supreme Court gender: Government told to 'stop dragging its feet' on self-ID and single-sex spaces
Scottish ministers have been told to implement the interim guidance from the EHRC urgently.
The Scottish Government is being accused of “dragging its heels” on gender self-ID and its guidance on single-sex spaces.
Ministers have been warned they are opening the Government up to “legal, financial and reputational damage” by not implementing the interim guidance on single-sex spaces issued by the Equality and Human Rights Commission (EHRC).
This comes a month after the UK Supreme Court ruled the legal definition of the words “woman” and “sex” in the Equality Act 2010 refers to biological sex, and the Scottish Government’s guidance that trans women could be classed as women for some pieces of legislation was “incorrect”.
Following the verdict, the EHRC has issued interim guidance that says trans women “should not be permitted to use women’s facilities” such as toilets and changing rooms.
The Scottish Parliament has since banned trans people from using the facilities of their acquired sex. Earlier this week it was suggested sports clubs and hospitals could ask for a person’s birth certificate if there was a “genuine concern” about their biological sex.
Conservative MSP Pam Gosal raised this with Social Justice Secretary Shirley-Anne Somerville and said the Government must urgently implement this guidance.
She said: “The Scottish Parliament announced it will be implementing this guidance, but bodies are still waiting for clarity, including the Scottish Secondary Teachers’ Association, the nursing union with nurse Sandie Peggie calling for the Royal College of Nursing to take a stand, and prisons needing clarity on the handling of trans prisoners.
“Can the Cabinet secretary and the Government stop dragging their heels?”
Teachers ‘crying out’ for single-sex space guidance
Alba MSP Ash Regan added: “Teachers are crying out for lawful guidance to repair a decade of lobby-led ideology, councils are losing court cases, female prisoners are being denied justice and their human rights, and NHS Fife policy is now exposed as clearly unlawful.
“How much legal, financial and reputational damage will Scotland stomach before the government stops dragging its feet?”
The minister’s response
Ms Somerville said a consultation on the EHRC guidance was ongoing and the Scottish Government would be waiting for the finalised guidance before changing its position to ensure “consistency in this complex area of the law”.
She said the EHRC had not objected to this approach from the Scottish Government, and this was in line with the stance taken by the UK government.
The minister said she was “disappointed” the EHRC cancelled a meeting with Scottish ministers, but her diary remained open.
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