Civil servants union PCS 'silenced' debate on trans rights
The Public and Commercial Services Union (PCS) took legal advice and banned motions which related to the landmark ruling which found that sex is defined by biology in the Equality Act.
Delegates had submitted motions for debate at the union's annual conference in Brighton, but these were binned by PCS high command after lawyers from Thompsons Solicitors said they put the union at risk.
A delegate said: 'It feels like the legal advice and the rule that allows the complete rejection of motions under legal advice has been used to completely silence us.'
(Image: Lucy North/PA Wire)
One motion, which the delegate said had become a 'lightning rod' for attendees seeking a debate on trans rights after other pro-trans motions were knocked back, put the PCS at risk of being sued, lawyers argued.
The motion, A57, called on the union's national executive committee (NEC), its ruling body, to 'oppose exclusionary ideologies' such as gender-critical beliefs.
Lawyers said these beliefs were protected in law and coming out against them opened the union up to claims of discrimination and harassment.
Another motion called on the NEC to 'ensure that trans women are not excluded from women's spaces within the union'.
READ MORE: Scottish Labour MP in 'secretive' meeting with private healthcare lobbyists
Lawyers warned that doing so could lay the PCS open to claims of 'harassment' if trans women were using spaces reserved for biological women.
The letter said: 'This is on the basis that it encourages [trans women] to access biological women's spaces, which is unwanted, related to the protected characteristic of sex and violates her dignity and creates an intimidating, hostile, degrading, humiliating or offensive environment.'
A delegate told The National: 'There's no logic to the legal advice because we hear motions on Palestine, Ukraine, racism, basic employment law and a lot of it is rejection of the law or disagreement with the law but, seemingly in this particular instance, the legal advice is that we're not even allowed to say that or even think it, or even discuss it.'
(Image: Gordon Terris)
The final standing orders of the conference allowed two motions pertaining to trans rights to be debated.
One responded to the Supreme Court ruling and criticised the PCS's delay in responding to the judgment.
It called on the union to create a process for faster communications to members to respond to 'emergent situations' balanced with 'the need not to expose the PCS to any legal liability'.
The second called on the union to reject the findings of the Sullivan Review, which urged the Government to require people to give their sex and gender on official forms like their health records.
The PCS union declined to comment.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Mail
2 hours ago
- Daily Mail
SNP's day of shame as damning statistics lay bare failures on drugs deaths, violent crime and A&E waiting times
A long list of failings by the SNP Government across health, justice, the environment and the economy have been exposed in a 'day of shame' for ministers. The Scottish Government's own official statistics showed performance plunging in a series of key policy areas, while flagship targets were missed. It included a massive increase in the number of suspected drug deaths at the start of this year, soaring violent crime, an increase in A&E performance targets being missed, and growing anger about soft-touch justice. Carbon emission reductions also fell well short of previous targets, while unemployment soared by 14,000 in just three months. Scottish Conservative deputy leader Rachael Hamilton said: 'These stats constitute a day of shame for this desperate SNP Government. 'There's no hiding place for John Swinney and no way to spin these awful figures - from A&E delays to drugs deaths, crime to climate change, his government are manifestly failing the people of Scotland. 'After 18 years in power, the SNP have run out of road and run out of excuses. For the good of the country, they need to be removed from office next May - and that's what a vote for the Scottish Conservatives will help ensure.' Yesterday's flurry of damning statistics were discussed at a virtual meeting of the Cabinet chaired by John Swinney. The Scottish Government data showed there were 308 suspected drug deaths between January and March, which was 76 higher - or a 33 per cent rise - compared to the last three months of last year. The latest rise comes despite then First Minister Nicola Sturgeon announcing a new 'national mission' to reduce drug deaths in 2021. Official figures also showed that violent crime has soared by 73 per cent since 2021, while the Scottish Government's crime and justice survey found that 56 per cent of people were not confident that the criminal justice system gives sentences which fit the crime. In hospitals, the proportion of people seen within the target of four hours at an A&E ward fell to just 65.5 per cent in the week ending June 1, down compared to 67.1 per cent the previous week. The proportion of patients waiting more than eight hours increased from 10.5 per cent to 12.2 per cent over the same period, while five per cent had to wait more than 12 hours. Other data published yesterday showed that greenhouse gas emissions have reduced by 1.9 per cent between 2022 and 2023, and are now down by 51.3 per cent compared to 1990 levels. But this was short of the previous target for a 56.4 per cent reduction by 2023 before the targets were scrapped last year. Scotland's demographic pressures also increased as figures released by the National Records of Scotland (NRS) showed 11,431 children were born between January and March of this year, which was 3.9 per cent lower than the average for the first quarter of a year. James Mitchell, professor of public policy at Edinburgh University and a leading authority on the SNP, said: 'This data shows that it is all too easy for ministers to deliver speeches making promising and commitments. It is quite another to deliver on the promises and commitments.' He added the 'legacy of failures' were felt by communities across Scotland and continued: 'It is little wonder that the SNP does not want to contest elections on its record in office and tries to divert attention and blame others given this latest list of statistics. Even if there were improvements in the next year it is difficult to see enough change to justify past claims and promises. 'In Nicola Sturgeon's own words, she took her eye of the ball on the issue of Scottish drug deaths. This has clearly been true across a range of devolved policy areas as her energies and efforts were devoted to pursuing a constitutional agenda and seeking conflict with Westminster. 'If as much effort had been devoted to addressing drug deaths, problems in the justice system, the educational attainment gap, problems in the health service, poor economic performance as was spent pointlessly and damagingly, then we might not have such poor outcomes.' Scottish Labour health spokesman Jackie Baillie said the rise in drug deaths 'shows just how badly the SNP is failing the country's most desperate and vulnerable people'. On the crime figures, Scottish Tory justice spokesman Liam Kerr said: 'SNP ministers must urgently show some common sense, ditch their soft-touch agenda, get tough on criminals and properly fund our police so they can keep the public safe.' Dr Sandesh Gulhane, health spokesman for the Scottish Conservatives also said it is 'shameful' that more than a third of patients are waiting longer than four hours to be seen during summer, 'when the pressure on A&E departments should be easing.' During yesterday's Cabinet meeting, Health Secretary Neil Gray gave an update on 'health performance statistics', while Justice Secretary Shirley-Anne Somerville updated on the crime and justice survey. Asked about the level of concern about the figures, a spokesman for the First Minister John Swinney said: 'We want to make progress on all these issues.' Mr Gray said every drug death is a 'tragedy' but added figures showed a year-on-year-fall. He added A&E in Scotland faced similar pressures to those elsewhere in the UK.
The National
3 hours ago
- The National
Care reform Bill passes unanimously at Holyrood
The Care Reform (Scotland) Bill was passed with the support of 116 MSPs on Tuesday and aims to bring forward a number of enhancements to social care. The Bill originally proposed the creation of a National Care Service but was scrapped after serious opposition from political parties, local authorities, and trade unions, despite around £30 million being spent on its development. However, Social Care Minister Maree Todd said the Government remained committed to the creation of a National Care Service. READ MORE: Controversial Loch Lomond Flamingo Land plans recalled by Scottish ministers The remaining provisions will implement changes to the existing care system, the biggest of which has been dubbed 'Anne's Law'. The change will allow family and friends to be named as 'essential care supporters' and require care homes to facilitate visits from them in all but the most extreme circumstances. The proposals grew from a Scottish Parliament petition by Natasha Hamilton, who was unable to visit her mother Anne Duke in her care home during the pandemic, ultimately missing her death. Speaking in Holyrood on Tuesday, Todd praised the work of campaigners for Anne's Law, some of whom were watching proceedings from the public gallery. (Image: Scottish Parliament) 'I have been profoundly impacted by the conversations that I have had with them,' she said. 'The emotional harm and trauma that they and their loved ones and many others suffered from being unable to see one another for such long, isolating periods during the pandemic must be acknowledged to make sure that this never happens again.' She added: Reform is not easy to deliver and it is being made more challenging by recent UK Government changes to Employer National Insurance Contributions and changes to migration. These will undoubtedly impact on care delivery. 'However, we have remained steadfast in our commitment to deliver the sustainable change to social care that people urgently need. 'This is a significant step that will strengthen the rights of people living in care homes, support unpaid carers and social workers and improve experiences for the many people who access social care across Scotland.' Scottish Labour deputy leader Jackie Baillie said: 'The way we care for our most vulnerable is more important than party politics. 'That is why Scottish Labour committed to help the Scottish Government deliver such a service, but as I warned at the time, the devil would be in the detail.'
STV News
3 hours ago
- STV News
MSPs unanimously approve scaled-back social care reforms
MSPs have voted to approve a set of scaled-back social care reforms after plans for a National Care Service were scrapped. The Care Reform (Scotland) Bill passed the third and final stage of Holyrood on Tuesday. The Scottish Government proposed to shift accountability for providing social care to ministers and create local bodies that would be responsible for administering care under the National Care Service. The plans faced opposition from political parties, local authorities and trade unions, resulting in them being removed from Bill despite around £30 million being spent on its development. The name of the Bill was eventually changed to the Care Reform (Scotland) Bill and it was passed with the support of 116 MSPs on Tuesday. Councillors debated a list of amendments on the bill at the Scottish Parliament. The Scottish Government says the bill will strengthen support for unpaid carers by establishing a legal right to breaks following £13m being allocated for up to 40,000 carers to take voluntary sector short breaks. It aims to improve access to independent advocacy and to create a national chief social work adviser role. Speaking about the failed proposals for the creation of a National Care Service, Scottish Tory health spokesman Dr Sandesh Gulhane said: 'Let's not pretend we've arrived at this moment by design. 'We're here because of yet another SNP policy that promised the world and delivered a fiasco. 'The now defunct National Care Service Bill was once hailed as the most significant reform to health and social care since the creation of the NHS. 'But, in reality, it was a half-baked plan dreamt up by ministers, clearly in an ivory tower that was dead in the water before the ink had dried on the first draft.' While Scottish Labour deputy leader Jackie Baillie said: 'The way we care for our most vulnerable is more important than party politics. 'That is why Scottish Labour committed to help the Scottish Government deliver such a service, but as I warned at the time, the devil would be in the detail.' The Scottish Government, Baillie claimed, 'attempted a power grab'. 'Four years later, three first ministers later, three health secretaries later and £31m later and what we have before us is a drastically reduced Bill with not a National Care Service in sight, and not a single extra penny of that money going directly to social care,' Despite the changes, social care minister Maree Todd said the Government remained committed to the creation of a National Care Service. She said: 'More than 200,000 people across Scotland access care each year. 'Anyone may need care during their lives, and that care should be high quality and delivered consistently across Scotland. 'That is why we have been so determined to bring forward much-needed reform, alongside the work we are already doing through the near £2.2bn total investment in social care and integration in 2025-26. 'Reform is not easy to deliver and it is being made more challenging by recent UK Government changes to Employer National Insurance Contributions and changes to migration. These will undoubtedly impact on care delivery. 'However, we have remained steadfast in our commitment to deliver the sustainable change to social care that people urgently need. 'This is a significant step that will strengthen the rights of people living in care homes, support unpaid carers and social workers and improve experiences for the many people who access social care across Scotland.' Get all the latest news from around the country Follow STV News Scan the QR code on your mobile device for all the latest news from around the country
