Swinney accused of ‘wilful ignorance’ over Supreme Court gender ruling

John Swinney has been accused of “deliberately ignoring the rule of law” as he was pressed on when his Government will introduce changes as a result of a landmark Supreme Court ruling.

Judges in the UK’s highest court ruled in April that the words “woman” and “sex” in the Equality Act 2010 refer to a biological woman and biological sex.

Several months on, Conservative MSP Tess White accused Scottish ministers of adopting “wilful ignorance” towards the ruling.

She pressed the First Minister on the issue as scores of women gathered outside Holyrood to demand action on Thursday.

Ms White, who raised the issue at First Minister’s Questions while wearing a T-shirt with the word “woman” on it, claimed the “SNP Government is showing wilful ignorance” on the issue.

The Tory demanded: “Why is the First Minister deliberately ignoring the rule of law?”

Mr Swinney insisted “there is complex work under way” following the ruling.

He told MSPs work has been carried out to update guidance for legislation setting out measures on gender representation on public boards, with changes being made to the recruitment process as a result.

In addition he said the Government will work with Police Scotland to “publicly consult on the stop-and-search code of practice before the end of the year”.

Mr Swinney went on to say that ministers “continue to engage” with the Equality and Human Rights Commission as they wait for the body to update its code of practice.

With regards to schools, he said the Government is “committed” to ensuring guidance on supporting trans youngsters is “fit for purpose”.

The First Minister said: “There is complex work under way in this respect and the Government is doing that work.”

Ms White however said: “What the First Minister has said is a huge insult to women, and the women who are protesting outside today.

“We’re not buttoned up the back.”

Alba MSP Ash Regan said the Supreme Court “has been absolutely clear – sex in law means biological sex and single-sex provisions must be respected”.

She added that despite the EHRC having told ministers “not to wait before acting”, there is still “confusion across all our public bodies, from schools to prisons to the NHS and local authorities”.

She called on Mr Swinney to ensure “all publicly funded bodies comply with the judgment in full and without delay”.

The First Minister said: “The Government is undertaking the careful, detailed legal work that is required to put in place the provisions that are required by the Supreme Court case.

“We have taken some of the actions we are able to take to date, and we will continue to pursue the other issues as we take forward that work.”

Ahead of the issue being raised at Holyrood, campaigners from For Women Scotland, who raised the Supreme Court action against the Scottish Government, gathered outside the Parliament building.

Demonstrators, who included British sailor Tracy Edwards – known for skippering the first all-female crew in the Whitbread Round The World Yacht Race – chanted “women won’t wait”.

Ms Edwards said “there are still men in women’s prisons, in changing rooms, in women’s toilets”, despite it being 142 days since the ruling.

Addressing the rally, Scottish Labour deputy leader Dame Jackie Baillie said the Scottish Government should follow the law with “no delay”.

Rachael Hamilton, the deputy leader of the Scottish Conservatives, said the Government is “putting politics before the rule of law”.