Harvie: Holyrood trans toilet ban may breach human rights

The Herald Scotland

4 days ago

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Mr Harvie is one of 17 MSPs to have signed an open letter criticising the recent change in policy.
The letter—also signed by 30 staff members, most of whom work for MSPs—was organised by the Good Law Project.
It described the new rules as 'transphobic', warning their implementation would be 'deeply invasive' and risk 'humiliation, harassment or worse'.
During an urgent question at Holyrood, Mr Harvie cited former Supreme Court judge Lord Sumption, who has said that organisations are permitted—but not obliged—to exclude trans people from single-sex spaces.
Mr Harvie told MSPs: 'In making the decision to take this exclusive, exclusionary approach, I am concerned that the SPCB is risking taking us back to the breach of human rights which existed prior to the creation of the Gender Recognition Act in 2004 and a position that just as little as 10 years ago was the obsession of the extremist fringe of the US Republican Party.
"It is not enough to use words like inclusive experience and welcoming environment."
He asked whether the corporate body recognised the impact the changes had already had on 'those who are being told that they are no longer permitted to use basic facilities like toilets on the same basis as everyone else, and who now feel unwelcome and demeaned in their own workplace'.
Holyrood adopted the policy following the Supreme Court ruling (Image: Jane Barlow/PA Wire) Responding on behalf of the SPCB, SNP MSP Christine Grahame said it was 'rather unfortunate' that Mr Harvie had used such language, and insisted the corporate body had acted 'in a tolerant and sensitive manner, in a very delicate and balanced manner'.
'The Scottish Parliament has always sought to reflect the founding principles and to be an open, accessible institution to promote participation and equal opportunities,' she said.
'We remain deeply committed to these principles and to provide—I know you do not like this word—an inclusive environment where all, including those in the trans and non-binary community, feel supported and welcome to work and visit.'
The changes, which came into effect earlier this month, follow the Supreme Court ruling that 'man' and 'woman' in the Equality Act 2010 refer to biological sex, not acquired gender.
An interim update from the Equality and Human Rights Commission advised that in most workplaces and public-facing services, trans women should not be permitted to use female-only facilities, and vice versa.
Under the new policy, all toilets and changing rooms marked 'male' or 'female' at Holyrood are now designated on the basis of biological sex. The Parliament has increased the number of gender-neutral facilities by redesignating three public toilets and two private facilities used by MSPs and staff.
Ms Grahame said Parliament would not 'police' toilet use, but a complaints process was available. 'We are certainly not monitoring the use of public facilities,' she said. 'This is not going to be policed by the corporate body.'
Several MSPs, including the SNP's Emma Roddick, questioned whether the decision had been made prematurely and whether it risked creating a hostile working environment.
Ms Roddick asked: 'Does [the SPCB] recognise that this unexpected and surprising policy change has put [trans and non-binary staff] in an impossible situation and potentially a hostile working environment?'
Ms Grahame replied: 'I certainly hope and expect that this will not put anyone in this Parliament in a hostile environment. That is not the culture within this building.'
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Scottish Liberal Democrat leader Alex Cole-Hamilton asked that 'no parliamentary staff member will be put in the position of having to challenge a toilet user in the future'.
Green MSP Lorna Slater asked how trans people would be expected to 'prove' their right to use a facility.
'Members in this chamber may be aware of the lively internet conspiracy that I myself am a trans woman,' she said. 'If a complaint is made about me using a woman's toilet, how does the SPCB expect me to demonstrate or prove my ability to use this toilet? Should I bring my birth certificate? Should I subject myself to a medical examination?'
Ms Grahame replied: 'No one is asking anyone for any proof of anything, and I fully intend to use the gender neutral toilets myself.'
Scottish Conservative MSP Russell Findlay said the discussion was a 'farcical waste of time'.
'The people of Scotland expect politicians to focus on what matters—rising household bills, their children's education, getting a GP appointment, fixing the roads, keeping communities safe—yet the priority for out-of-touch SNP, Labour, LibDem and Green MSPs is an urgent debate about the Holyrood toilets.'
His colleague Craig Hoy questioned whether the decision had been unanimous, which would suggest Green MSP Maggie Chapman had 'both supported these measures and also wrote a letter in opposition to them'.
Ms Grahame responded: 'Decisions by the corporate body do not ever go to a vote—they are made by consent.'
A full consultation by the SPCB is expected later this year, once a revised statutory code from the Equality and Human Rights Commission has been finalised and approved by ministers.