SNP admits it helped write controversial NHS trans guidance
Dr Kath Murray, from policy analysts Murray Blackburn Mackenzie who sent the FoI request, said SNP ministers had tried to distance themselves from the issues raised in the Sandie Peggie case.
She added: 'It now transpires that, as her case was unfolding, government officials were deeply involved in plans to push out the poor advice underlying events in Fife across the entire NHS.
'The government needs to stop trying to duck its responsibility here. It's time it acted decisively to take serious protections for women in the workplace, right across the Scottish public sector.'
'Government officials played a leading role'
In February Mr Swinney said he supported Scottish Government guidance for its trans employees, which states that they 'should choose to use the facilities they feel most comfortable with'. He also confirmed his view that trans women are women.
The Scottish Government's response to the FoI said that the gender transitioning guide was drafted by NHS Scotland's 'Once for Scotland' Workforce Policies Programme's Policy Development Group.
This included representatives from the SNP, NHS and trade unions. Work started on the guide in January last year and it will be shared with health boards ahead of publication.
But feminist groups wrote to Neil Gray, the SNP Health Secretary, in February, warning that its advice on trans access to female-only spaces 'encourages NHS boards to flout the workplace regulations and ignore their legal obligations.'
Tess White, the Scottish shadow equalities minister, said: 'This proves that SNP government officials played a leading role in drawing up this harmful gender guidance.'
She added: 'John Swinney needs to do the right thing and urgently issue a directive to all public bodies that they must provide single-sex spaces for women and girls.'
NHS could face 'enforcement powers'
The Telegraph disclosed on Tuesday that the UK's equalities watchdog has warned NHS Fife it could face 'enforcement' action to protect women's safe spaces.
The health board told the Equality and Human Rights Commission (EHRC) that it would not consider altering its changing room policies until after the conclusion of the Peggie tribunal.
Carol Potter, the board's chief executive, said any recommendations that resulted from the case would be then considered 'in partnership' with the Scottish Government and trade unions.
She also highlighted the development of the new national gender transitioning guide, which 'aims to ensure consistency across all NHS Boards in Scotland.'
The EHRC told the Telegraph it would be writing again to the health board shortly and said: 'we will consider any appropriate next steps, including the use of our enforcement powers'.
A Scottish Government spokeswoman said: 'This is a matter for the employer, NHS Fife. We expect public bodies to comply with all aspects of the Equality Act, including the exemptions relating to separate and single sex spaces, which we strongly support.'
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