First Minister says it's ‘unfortunate' after Education Minister moves on Supreme Court gender ruling ahead of rest of Executive

Belfast Telegraph

14-05-2025

Stormont's First Minister also warned there should be 'no knee jerk reaction' to the decision of the highest court in the UK that the terms 'woman' and 'sex' in the 2010 Equality Act 'refer to a biological woman and biological sex'.
Ms O'Neill's response comes after Education Minister Paul Givan said he had already instructed his officials to ensure that all schools comply with the law ahead of guidance expected from the Equality Commission on the issue – a move she described as "unfortunate".
The Sinn Fein vice president and the DUP MLA were both at the official sod-cutting for the £375m Strule Shared Education Campus today along with Deputy First Minster Emma Little-Pengelly.
Although Northern Ireland is governed by its own equality laws, and the relevant provisions of the Equality Act do not apply in the region, Mr Givan has already moved ahead with plans to provide 'absolute clarity' in educational settings, saying that boys who identify as girls should not participate in girls sports, not use girls changing or toilet facilities.
'I absolutely do believe that we need to be uniform and across the board,' Ms O'Neill said.
'The Supreme Court has made its ruling. It's now for the Equality Commission to provide us with guidance as to what that means for us on a day-to-day basis, and across all of our departments and all of our public services.
'I would ask people to stop knee-jerking, and I would ask people to await the Equality Commission guidance, and then let's have a uniform approach.
'I think it's unfortunate that others have taken a different approach on this to this point.
'This is about compassion. This is about people out there in society who are fearful for their own safety.
'Let's be a bit compassionate for people. Let's actually take our time, don't knee-jerk to this, and actually understand the ruling and what it means for us here.'
Ms O'Neill said it was 'unfortunate' that the Education Minister had taken a decision ahead of ministers receiving guidance on the court decision from the Northern Ireland Equality Commission.
But Mr Givan remained resolute in his decision.
'Each minister and every department and indeed public organisation is under their own individual responsibility to ensure that they're complying with the law,' he said.
'The UK Supreme Court has now made it clear what the law is when it comes to sex, and it's biological sex based upon male and female.
'So, I'm not going to wait for the Equality Commission, who can provide advice, but it's for those who are responsible to take decisions. I will be taking decisions around this, and then that will need to be reflected in the guidance that operates within our education system.
'I think it's incumbent on all ministers to reflect the outworkings of the UK Supreme Court, and that's what I'm going to do.'
Ms Little-Pengelly backed the Education Minister, saying it was 'for individual departments to obtain their own advice'.
'The Equality Commission, or any of these bodies, they are advisory, they're there to give some guidance, but that doesn't stop departments or agencies or bodies either from seeking their own advice and obtaining that advice but, of course, they also have those individual responsibilities under what the law is,' she said.
'So of course this is an urgent matter, and I have no doubt that organisations will be taking their own advice on this.
'It's important that our public bodies do follow what the law is on this.
'I do feel very strongly that there needs to be those safe spaces for women. Women can be very vulnerable in particular situations.
'Women have had their own personal experiences and will want, of course, to have those safe spaces and women-only spaces.
'I think that's absolutely right. I think that's common sense and I think that's what the Supreme Court very clearly set out.
'So, of course, the departments and bodies and organisations should follow that.
'I have no doubt that we will see much more discussion and debate about this over the next number of weeks.'
Ms O'Neill was also asked about the protests by some camogie players against the enforced wearing of skorts during matches.
'I won't be getting involved in telling the governing body what they should and shouldn't do, but I do believe girls and young women should have their choice respected,' she said, echoing a call from SDLP MLA Cara Hunter earlier this week.
Ms Hunter backed the protesting players, saying: 'Women should have the choice to wear what makes them feel most comfortable, particularly when competing in sports.
'We want to see more women and girls celebrated in sport, allowing this decision is a part of that.
'They've been very vocal that they want change and our players should be supported.'