Government ‘dragging its feet’ on single-sex space guidance, minister told

The Scottish Government has been accused of “dragging its feet” by not immediately issuing fresh guidance on single-sex spaces following the Supreme Court ruling on the definition of a woman.

Alba MSP Ash Regan told Social Justice Secretary Shirley-Anne Somerville the country has already endured “legal, financial and reputational damage” over the SNP’s stance on gender self-identification.

She said new guidance is needed to ensure those in the public sector are safe, including in women’s prisons, schools and the NHS.

She told Ms Somerville: “Last week, I urged the Justice Secretary to revoke the unlawful gender self-ID policy that has put male offenders, including murderers and sexual torturers, in women’s prisons for over a decade.

“Teachers are also crying out for lawful guidance to repair a decade of lobby-led ideology.

“Councils across the country are losing court cases.

“Female prisoners denied justice and their human rights may still yet sue, and NHS Fife policy now exposed at tribunal as clearly unlawful.

“How much legal, financial and reputational damage will Scotland stomach before this Government stops dragging its feet?”

The UK’s Supreme Court ruled in April the definition of a woman in the Equality Act 2010 relates to biological sex.

Interim guidance from the Equality and Human Rights Commission (EHRC) that followed said “trans women (biological men) should not be permitted to use the women’s facilities” in places like hospitals, shops and restaurants.

This week, the watchdog updated its code of practice, which would give sports clubs and hospitals the right to ask for a person’s birth certificate if they had a “genuine concern” about their biological sex.

The update, which also includes rules around excluding trans people from sport “when necessary”, is subject to a six-week consultation.

Scottish Conservative MSP Pam Gosal urged Ms Somerville to follow the Scottish Parliament and issue updated guidance on single-sex spaces.

The Parliament said earlier this month that trans women would no longer be allowed to use women’s toilets. Gender neutral facilities will also be introduced.

Ms Gosal said at Holyrood: “It has been more than one month since the UK Supreme Court’s monumental judgment on the definition of the word woman.

“And almost a month since the EHRC published its interim update, two weeks ago the Scottish Parliament announced that it will be implementing that update.

“However, bodies that are still waiting for clarity from the Scottish Government include the Scottish Secondary Teachers’ Association, the NHS nursing unions – with Sandy Peggie calling for the Royal College of Nursing to take a stand, and prisons needing clarity on how to handle transgender prisoners.

“But this Cabinet Secretary and this Government are dragging their heels.”

Ms Somerville said the Scottish Government has begun work on new guidance.

However, she said it is waiting for the EHRC to finish its consultation on its updated code of practice, which will end on June 30.

She added: “The Scottish Government is reviewing its policies, guidance and legislation impacted by the [Supreme Court] judgment through the cross-Government short-life working group to ensure that we are ready and prepared ahead of the updated code of practice being published.”

She said the UK Government is also awaiting the end of the consultation on the updated code of practice before issuing new guidance.