Government in ‘denial’ on gender ruling, says Sandie Peggie’s lawyer

The lawyer representing Sandie Peggie has said the Scottish Government is in “denial” over the Supreme Court ruling on the legal definition of a woman.

Speaking on BBC Scotcast, Naomi Cunningham said the court’s judgment was “a model of clarity and simplicity” and she claimed the Scottish Government is dragging its feet because “trans ideology had sunk its claws in so deep it can’t shake free”.

The Supreme Court ruled in April in For Women Scotland’s legal battle with Scottish ministers that the legal definition of “woman” and “sex” in the Equality Act 2010 refer to a biological woman and biological sex.

The Scottish Government has previously said it accepts the ruling and is taking forward the work necessary to act on it.

For Women Scotland said in August it would be taking further legal action as some policies regarding transgender pupils in schools and trans people in custody remain in place – which the group said is “in clear breach of the law”.

Ms Cunningham represented nurse Ms Peggie in an employment tribunal which is expected to return a ruling before the end of the year.

Ms Peggie was suspended by NHS Fife after complaining about having to share a changing room with transgender colleague Dr Beth Upton at Victoria Hospital in Kirkcaldy on Christmas Eve 2023.

The nurse lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment, harassment related to a protected belief, indirect discrimination, and victimisation.

When the tribunal began, NHS guidance said trans employees could use the changing rooms that aligned with their gender identity.

Speaking about the Scottish Government’s actions since the ruling, Ms Cunningham told Scotcast: “They say they’re looking into it and they’re working on it. They’re waiting for guidance. They don’t need to. The law is the law and we know what the law is now.”

Asked what she thinks the Government’s stance is, she said: “Denial.”

The Scottish Conservatives said Ms Cunningham’s comments should push First Minister John Swinney to act.

Tory equalities spokeswoman Tess White said: “This is a damning intervention that should shame John Swinney and the SNP Government into finally doing the right thing.

“These remarks from Sandie Peggie’s barrister will chime with mainstream Scots who are sick and tired of the SNP Government dragging their heels on implementing the clear verdict from the Supreme Court.

“They have had over six months to do so, yet they are still putting the safety of women and girls at risk by refusing to do so.

“The SNP’s gender ideology has become so embedded in Scotland’s public bodies that reckless decisions are being taken, instead of women being guaranteed access to single-sex spaces.

“John Swinney should stop pandering to gender extremists in his party and rule out squandering any more taxpayers’ money in rejecting the verdict from the Supreme Court.”

A Scottish Government spokesperson said: “The Scottish Government has made clear it accepts the Supreme Court ruling and is taking forward the detailed work necessary.”

They added: “It would be inappropriate to comment on live court proceedings.”