Givan tells officials to ensure schools comply with Supreme Court gender ruling

The Education Minister has instructed officials to ensure that all schools in Northern Ireland comply with the Supreme Court ruling on gender.

Paul Givan told MLAs it was important to have “absolute clarity” in the education sector in relation to issues such as single-sex spaces and sporting participation.

Mr Givan made clear that, regardless of the Supreme Court ruling, he was opposed to boys who identify as girls participating in girls’ sports or using girls’ changing or toilet facilities.

The DUP minister made the comments in response to an Assembly question from party colleague and North Down MLA Peter Martin.

The exchanges in the Assembly chamber were heard ahead of an LGBT+ event in the Long Gallery of Parliament Buildings that focused on the perspectives of trans people to the Supreme Court ruling.

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

Northern Ireland is governed by its own equality laws, and the relevant provisions of the Equality Act do not apply in the region.

The Supreme Court ruling is nevertheless expected to influence public policy decisions in Northern Ireland.

The Northern Ireland Equality Commission is preparing guidance on the ruling’s potential implications on Stormont departments.

Other ministers, including First Minister Michelle O’Neill, deputy First Minister Emma Little-Pengelly and Justice Minister Naomi Long, are awaiting that advice from the Equality Commission prior to implementing any potential policy changes.

Mr Givan told MLAs on Monday that he has already instructed his officials to start work.

He said he intended to set out the department’s policy in full in the coming weeks.

Mr Givan added: “However, let me make it clear that, regardless of the recent court decision, I do not believe that a boy who identifies as a girl should be participating in girls’ sports, using girls’ changing or toilet facilities.”

The minister said he wanted the education sector in Northern Ireland to follow the Supreme Court ruling.

He said: “I’ve asked my officials to consider the implications of this ruling across the education system to ensure that the department and all of its arm’s length bodies and schools are in compliance with the legal definition of sex, and also balancing the rights of all of our pupils.

“So this is an important issue.

“It’s one that the UK Supreme Court has made a ruling on, and it is important that I follow the law, all departments follow the law, and all those within the education system follow the law.”

Alliance MLA Sian Mulholland asked the minister what he would be doing to support trans pupils in schools and ensure they were not targeted for bullying.

The minister replied: “Every child within our education establishments should not be bullied, they shouldn’t be harassed and, where that takes place, there needs to be effective measures put in place within schools to address those issues.

“That should be applied irrespective of sexual orientation.

“We want every child to feel safe within our school settings.”

TUV MLA Timothy Gaston asked if the minister had sought legal advice on the issues of toilet facilities and pronouns usage in school settings.

The minister said it would be for the Education Authority to provide “operational guidance” to schools.

“I think it’s important that there is absolute clarity on this,” he said.

“And it is the Education Authority that provides the operational guidance to schools, not my department, and therefore they, first and foremost, need to ensure the guidance being provided is in compliance with the UK Supreme Court ruling.

“So I am clear in terms of the approach that needs to be taken in light of the UK Supreme Court ruling, and I have outlined in the areas in responding to the original question (sports, toilets and changing facilities) where we need to be on those issues.

“And that is something that as my officials continue to review the implications of the UK Supreme Court ruling, we will have further steps to take in this regard.”

The later panel discussion in the Long Gallery was organised by the Rainbow Project advocacy organisation.

It was titled Nothing About Us Without Us and was billed as offering a platform to trans, non-binary and intersex people to share their views on the ruling and its implications.

Alexa Moore, policy campaigns and communications manager at the Rainbow Project, said: “Trans, non-binary and intersex people are so often spoken about, but rarely listened to.

“This event is a chance to change that – not to debate rights, but to uplift seldom-heard voices with an emphasis on the humanity of this community and their desire to live with basic dignity and respect.

“If decisions are going to be made about trans, non-binary and intersex people then their voices must not only be in the room but be listened to and taken seriously.

“This is an opportunity for our political representatives and civil society to hear from the community directly – and to stand on the right side of history.”