Welsh Government won't ditch gender neutral spaces
Welsh Government won't ditch gender neutral spaces
The Welsh Government says the Supreme Court's ruling will not impact gender neutral spaces
Julie James MS had a one-word answer when asked a question about gender-neutral spaces in schools
(Image: Welsh Government/Matt Horwood )
The Welsh Government has no plans to remove gender neutral places, such as toilets in schools, after a Supreme Court ruling where judges unanimously ruled that a woman is defined by biological sex under equalities law.
The result came at the end of a long-running legal battle which could have major implications for how sex-based rights apply across Scotland, England and Wales. During questions at the twice-weekly plenary session in the Senedd on May 13, Julie James, the counsel general, was asked by Conservative MS Tom Giffard what the Welsh Government would do to bring the ruling into place in Wales.
She told him she would "not indulge in a culture war" with him, replying: "The Welsh Government believes in the rule of law, and we will consider the judgment carefully and take any steps required to meet our obligations under the Equality Act 2010, as interpreted by the court." For our free daily briefing on the biggest issues facing the nation, sign up to the Wales Matters newsletter here
Mr Giffard then said: "You've had a month to consider that ruling, but some of that work has already been done for you.
"The Equality and Human Rights Commission provided an interim update on the practical implications of the Supreme Court judgment, which stated that schools in England and Wales must provide separate single-sex toilets for boys and girls over the age of eight, and it is also compulsory for them to provide single-sex changing facilities for boys and girls over the age of 11.
"I visited many schools across Wales, and one in particular had installed a brand-new gender-neutral toilet within the last 18 months or so. To comply with that ruling, that will now need to be looked at again.
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"Will you commit to providing funding and further guidance to schools and local authorities to ensure that these gender-neutral spaces are removed?"
Ms James said the answer was simply "no".
"The Supreme Court judgment very clearly sets out, Tom, as you well know, that trans people are also protected under the Equality Act.
"All they're doing is pointing out that, for the purposes of single-sex spaces, the biological sex matters. But the removal of gender-neutral spaces is not specified, and we will not be looking at it," she said.
She told Mr Giffard: " I am not going to indulge in the kind of culture war that you clearly want me to. Providing single-sex spaces will be necessary, I'm sure, under the new interpretation of the Equality Act.
"That does not require the removal of gender-neutral spaces in any way. If you read the judgment, you will see for yourself that the court goes out of its way to say that this is not a triumph of one group over another. I suggest you take that in the spirit in which it was intended."
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First Minister Eluned Morgan has said that the recent Supreme Court ruling on a woman being defined by biological sex under equalities law will have "significant implications for public services". You can read her comments here.
More than 1,000 people took part in a protest in Cardiff after the ruling.
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