Latest news with #GenderRecognitionCertificate
Daily Record
2 days ago
- Politics
- Daily Record
Swinney's government should take 'immediate action' protecting women's rights, says Ash Regan
Alba MSP Ash Regan told the Sunday Mail it was time for the Scottish Government to stop hiding behind 'faux legal ambiguity' on single sex spaces. Ash Regan has demanded John Swinney's government stops hiding behind 'faux legal ambiguity' and enforce the law on women's rights to single sex spaces. The Alba MSP has accused ministers of being too cowardly to uphold their own law to protect women's rights and demanded the government take 'immediate action' or step aside. Her comments come amid an employment tribunal brought by nurse Sandie Peggie, who was suspended after complaining about having to share a changing room with transgender medic Dr Beth Upton, in 2023. First Minister John Swinney has previously said he has "confidence" in NHS Fife. However he faces growing pressure to intervene as legal costs spiral - including from his own MSPs Michelle Thomson and Annabelle Ewing, who have condemned the handling of the landmark case for which the taxpayer will pick up most of the bill. Regan has now demanded that Swinney show leadership by upholding the law which is clear and non-negotiable. She said: 'The law does not lack clarity; what we lack is courage in Government and a leadership that sets a clear tone for lawful, evidence-based policy across public life. 'While ministers hide behind faux legal ambiguity, women across Scotland are forced to share prisons, changing rooms, hospital wards, and crisis services with biological males, for some in deeply traumatic circumstances, all because ministers are too cowardly to apply the law they swore to uphold. 'The law is not negotiable and the Scottish Government could end this embarrassing, costly charade today by implementing the actual law into its public sector guidance.' In April, the Supreme Court ruled that a woman is defined by biological sex under equalities law. Interim guidance was published by the Equalities and Human Rights Commission following the ruling which said trans women 'should not be permitted to use the women's facilities' in workplaces or public-facing services. Regan said it was vital to uphold the law for the safeguarding of women and girls. She said: 'Scotland once again finds itself forced to fight government and government-funded institutions to enforce the law that already exists. 'For Women Scotland, in their seven-year battle against the redefinition of women, confirmed what many of us have said all along: gender self-identification is not the law, nor has it ever been. 'The UK Supreme Court in April this year clarified that sex in the Equality Act 2010 is biological and a Gender Recognition Certificate is not a magic key to override sex-based protections. 'The Supreme Court and the EHRC have brought this charade to a decisive conclusion; these policies were never lawful. 'This is not a debate about identity, it is a question of legality, safety, and safeguarding, especially for women and girls.' Last week NHS Fife published a statement online to 'defend' itself and wanted to answer questions posed by the press and politicians, addressing 'misinformation' online. The health board also confirmed that as of June 30, legal costs have increased to £258,831, including £38,000 in just one month. NHS Fife is liable for only the first £25,000. Regan has branded the government's reluctance to deliver clear guidance as a legal, financial and reputational disaster. She said: 'The public purse is haemorrhaging legal costs in courts and tribunals, while housing, healthcare and poverty are in crisis - we must see immediate action and accountability. 'Women's rights are not optional; they are obligations. 'I will not stand by while the rights of many, for privacy, dignity, safety and fairness, are trampled to appease the demands of a few. 'The Government's dithering has become a legal, financial and reputational disaster. The election is coming. It's time to lead - or step aside.' Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'. If you're curious, you can read our Privacy Notice. Sandie was suspended from her job at Victoria Hospital in Kirkcaldy in 2024 after she complained about having to share a changing room with Dr Upton. She was later placed on special leave after a complaint of bullying and harassment by Dr Upton, but was cleared by an NHS Fife investigation last week. Sandie launched a claim against Dr Upton and NHS Fife, citing the Equality Act 2010, including sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation. In the four-page document, published online last week while evidence was being heard in the case, NHS Fife said police had to be called after staff faced threats of physical and sexual violence Scotland's information commissioner later criticised NHS Fife and said he may report the board to the Court of Session. Last week, it was reported that Sandie is taking legal action against her trade union, the Royal College of Nursing (RCN), claiming it failed to support her after her suspension, which the union denies. The tribunal is expected to conclude at the end of July, with a decision made by the judge in the coming months.
The Herald Scotland
14-07-2025
- Health
- The Herald Scotland
Scottish Government to review 'unlawful' trans policy
Earlier this month, it wrote to officials saying single-sex facilities in government buildings, such as female toilets and changing rooms, needed to be restricted to biological sex rather than gender identity. In a formal legal letter before action, the group called on SNP ministers to urgently rewrite "clearly unlawful' internal guidance to bring it into line with the recent judgment on biological sex from the UK's highest court. READ MORE The Scottish Government confirmed to the group that the policy is being looked at. However, it said it had not been amended and that there were complexities that need to be considered. There are 1,016 toilet facilities in the 66 sites that make up the Scottish Government's estate. Around 18% of the facilities are gender-neutral single-user "superloos", while the rest are designated as either male or female. There are also numerous smaller sites — including fisheries and field-monitoring offices — where facilities may be shared or gender-neutral. In April, the UK's highest court ruled unanimously that a Gender Recognition Certificate (GRC) does not alter a person's sex for the purposes of the Equality Act. The judgment clarified that the terms "man" and "woman" in the legislation refer to biological sex, not acquired gender. That ruling meant every organisation in the country needed to review their equality policies. The Supreme Court ruled that sex in the Equality Act meant biological sexWhile First Minister John Swinney initially welcomed the "clarity" provided by the judgment, the Scottish Government has previously said it is waiting for further guidance from the Equality and Human Rights Commission before issuing new advice to Scotland's public sector — including prisons, schools and the NHS. In her letter to Sex Matters, Nicola Richards, the Scottish Government's director of people, said they did not agree that it was "appropriate or straightforward to take immediate steps" to bring its toilets policy into line with the Supreme Court's ruling. She cited the Good Law Project's legal challenge to the Health and Safety Executive's interpretation of the Workplace (Health, Safety and Welfare) Regulations 1992 as a reason for a lack of action on the policy. Dr Richards wrote: "Given these complexities, the Scottish Government does not agree that it is appropriate or straightforward to take immediate steps to either withdraw or amend the current policy. @It is my understanding that the approach of the Scottish Government in this regard, of reviewing policies and, where appropriate, seeking guidance from the Equality and Human Rights Commission (EHRC), is consistent with the position of the UK and Welsh Governments. "Appropriate changes will be made to the policy referred to in your letter, and others impacted by the ruling, as soon as the Scottish Government has further clarity. This will follow any required and appropriate consultation and engagement." Ms Richards has also offered to meet with Sex Matters. READ MORE Maya Forstater, the founder of the group, said they had accepted the offer in "the hope of gaining clarity about how the Scottish Government is currently managing its workplace facilities, and when it intends to bring them into line with the law". She added: "Tomorrow would be a good answer. It is now three months since the Supreme Court ruling and, this week, the Sandie Peggie tribunal resumes. "It is atrocious that public bodies are still dragging their feet and describing the question of whether female staff deserve privacy and dignity as complex. "Parliament makes the law and the highest court in the land has now clarified its meaning." She added: "Whether or not we pursue legal action depends entirely on what the Scottish Government does next."
The Herald Scotland
04-07-2025
- Health
- The Herald Scotland
Scottish Government warned over single-sex toilet policy
In a formal legal letter sent on Wednesday, the organisation said ministers must urgently rewrite internal guidance on single-sex facilities to bring it into line with a recent Supreme Court judgment on biological sex. READ MORE The warning centres on the Scottish Government estate — made up of 66 sites and 1,016 toilet facilities — where existing policy allows staff to use facilities based on self-identified gender rather than biological sex. Around 18% of the facilities are gender-neutral single-user 'superloos', while the rest are designated as either male or female. There are also numerous smaller sites — including fisheries and field-monitoring offices — where facilities may be shared or gender-neutral. In April, the UK's highest court ruled unanimously that a Gender Recognition Certificate (GRC) does not alter a person's sex for the purposes of the Equality Act. The judgment clarified that the terms 'man' and 'woman' in the legislation refer to biological sex, not acquired gender. That ruling meant every organisation in the country needed to review their equality policies. The Supreme Court ruled that sex in the Equality Act means biological sexWhile First Minister John Swinney initially welcomed the 'clarity' provided by the ruling, the Scottish Government has said it is waiting for further guidance from the Equality and Human Rights Commission before issuing new advice to Scotland's public sector — including prisons, schools and the NHS. However, earlier this week, Dr Lesley Sawers, Deputy Chair and Scotland Commissioner for the EHRC, told The Herald that Scottish ministers had 'a responsibility to ensure their adherence to the Public Sector Equality Duty' — the legal requirement for public authorities in Scotland to consider protected characteristics, including biological sex, when carrying out their functions. In response, a spokesperson said work was 'proceeding at pace to implement the ruling across Government'. The Scottish Government's trans inclusion policy, signed off in January, states that 'staff should choose to use the facilities they feel most comfortable with' and that a GRC is not required to access single-sex spaces. In a letter to John Somers, Director of Equality, Inclusion and Human Rights, Maya Forstater, Chief Executive of Sex Matters, said the policy was 'clearly unlawful'. She added: 'The problem is not lack of infrastructure, but that the Scottish Government continues to operate an unlawful policy. 'As far as we can see, there is nothing to stop the Scottish Government immediately bringing the policy on toilets into line with the law, by making a statement that all facilities designated as male or female within the Scottish Government estate are to be interpreted as meaning biological sex, and that gender-neutral options are widely available. This would be in line with the Supreme Court judgment and the action taken by the Scottish Parliament. 'It is clearly a reasonably practical step in order to address the risk of individuals using opposite-sex toilets and other facilities. 'Please confirm, therefore, that you will take this step within seven days of the date of this letter. 'To the extent that the Scottish Government does not immediately stop the unlawful practices set out in this letter we may decide to commence proceedings without further warning.' The Workplace (Health, Safety and Welfare) Regulations 1992 require separate changing and toilet facilities for men and women 'where necessary for reasons of propriety'. Failure to provide such facilities, or to protect staff from discomfort or distress in those spaces, may also amount to unlawful harassment under the Equality Act. The Scottish Government has been approached for comment.
The Herald Scotland
01-07-2025
- Health
- The Herald Scotland
EHRC warns SNP ministers over sex definition ruling
She warned that the current 'climate of uncertainty and widespread misinformation serves nobody'. READ MORE: In April, the UK's highest court ruled unanimously that a Gender Recognition Certificate (GRC) does not alter a person's sex for the purposes of the Equality Act. The judgment clarified that the terms 'man' and 'woman' in the legislation refer to biological sex, not acquired gender. That ruling meant every organisation in the country needed to review their equality policies. The EHRC issued interim guidance in May related to trans people's use of single-sex facilities. It also launched a consultation on changes to parts of its code of practice for services, public functions and associations, which closed yesterday. The updated code is due to be published later this year. While First Minister John Swinney initially welcomed the 'clarity' provided by the ruling, the Scottish Government has repeatedly said it is waiting for this further guidance before issuing new advice of its own to Scotland's public sector — including prisons, schools and the NHS. Dr Lesley Sawers said the law has been in effect since the ruling (Jamie Simpson/NQ)Dr Sawers said the Government should already be following the law: 'We appreciate there is an urgent need for clarity, as a climate of uncertainty and widespread misinformation serves nobody – particularly those with protected characteristics. 'But as we emphasised to the Cabinet Secretary for Social Justice and the Cabinet Secretary for Health and Social Care when we met with them on June 10, duty-bearers are responsible for their own compliance with the Equality Act. 'Our Code of Practice will help them to navigate this complex area of law, but it will not provide bespoke examples of every circumstance they might encounter. 'The law, as set out in the Supreme Court's clear judgment, has been in effect since it was handed down on April 16. 'Service providers and public bodies should in any event be following the law while they wait for our statutory guidance, as it will not cover every eventuality. 'We have urged relevant bodies to seek their own legal advice where necessary, to inform decisions about what changes they need to make now to their existing policies and practices. 'Public sector bodies have particular duties to assess how their policies and practices affect people with protected characteristics, and we reminded the Cabinet Secretaries that Scottish ministers have a responsibility to ensure their adherence to the Public Sector Equality Duty.' The intervention follows a row over claims the Scottish Government 'misrepresented' private conversations with the EHRC. Last month, senior civil servants told For Women Scotland (FWS) that the Commission had advised ministers to wait for the final Code of Practice before making changes and to 'not do anything in advance of that'. The comments earned a stinging rebuke from Baroness Kishwer Falkner, the Chair of the EHRC, who told FWS the Commission had made it 'clear' to civil servants that public bodies should not wait for updated guidance before acting on the judgment. The peer said she was 'very concerned that our conversations with officials appear to have been misrepresented'. When campaigners wrote to the Scottish Government's Permanent Secretary Joe Griffin calling for a full investigation, saying it was 'extremely concerning that statements made by a senior government official to a third party about EHRC advice have been directly contested by the regulatory body itself', he replied to say his team would 'revert in due course' with a fuller response. He later said the Government accepted the Supreme Court's judgment and 'acknowledges the EHRC statement that 'duty-bearers should not wait for our statutory Code of Practice for Services, Public Functions and Associations to be in place to review their policies to ensure they are complying with the law as now settled by the Supreme Court'.' However, FWS questioned the use of the word 'review', pointing out that the EHRC had told them duty-bearers 'should not wait for our guidance but should be seeking to update their policies and practices in the light of the new understanding of the law, taking their own specialist legal advice where necessary'. The Scottish Government told The Herald the Permanent Secretary 'was quoting from correspondence between the EHRC and the Scottish Government'. When The Herald then approached the EHRC, the regulator released the statement from Dr Sawers. Trina Budge from FWS welcomed the EHRC's interventionTrina Budge from FWS said: 'We, along with the equalities regulator it seems, are fast running out of patience with the Scottish Government's incompetence and refusal to comply with the law. 'Once again, it has been made abundantly clear, including to multiple Cabinet Secretaries, that they must take action now to update policies in line with the April 16 court ruling. 'Women fought hard for our rights to be respected and this extended period of bickering and dithering by the Government is more akin to a public toddler tantrum than a sign of responsible legislators. It is nothing short of shameful. 'They need to step up and sort it out sharpish before vulnerable women and girls suffer any more harm.' Scottish Conservative Shadow Minister for Equalities, Tess White said: 'This is effectively telling SNP ministers, no more excuses. 'The Supreme Court's verdict was delivered over two months ago yet John Swinney and his colleagues are still dragging their heels on telling public bodies in Scotland to comply with the law. 'It is time for them to do the right thing and show some common-sense, rather than thinking they can continue kicking this issue into the long grass. 'The latest intervention from the EHRC would not have been needed if SNP ministers had acted immediately in light of the ruling in April and they must now finally act upon what they are ordering them to do.' READ MORE: The row comes as Sir Keir Starmer said hospitals and government departments needed to implement the Supreme Court ruling 'as soon as possible'. The Prime Minister told reporters he 'accepted the ruling; welcomed the ruling, and everything else flows from that as far as I'm concerned'. He said: 'All guidance of whatever kind needs to be consistent with the ruling and we need to get to that position as soon as possible.' Maya Forstater, the chief executive of Sex Matters, said: 'This is an important intervention from the Prime Minister, given the huge number of public bodies failing to implement the Supreme Court judgment and operating outside the law. 'Political leadership is essential if women whose rights are being stolen are not to be forced to turn to the courts, where public bodies will end up losing, at great expense to taxpayers. 'It's no coincidence that the private sector has been faster to bring their policies in line with the judgment, recognising what is at stake for the bottom line. Meanwhile most NHS, university and civil service leaders are sitting on their hands. 'The law is clear and there is no need to wait for further guidance from the EHRC or anyone else. Unlike the small businesses and services for which the regulator's guidance is intended, public sector organisations have access to specialist legal advice, as well as extra statutory obligations under the public sector equality duty.' The Scottish Government has been approached for comment.
The Herald Scotland
28-06-2025
- Politics
- The Herald Scotland
Swinney government accused of twisting EHRC advice
The comments earned a stinging rebuke from Baroness Kishwer Falkner, the Chair of the EHRC, who said the Commission had made it "clear" to civil servants that public bodies should not wait for updated guidance before acting on the judgment. The peer said she was "very concerned that our conversations with officials appear to have been misrepresented". FWS told The Herald they were stunned by the claims from officials: 'At what point does this stop being ignorant incompetence and tip into wilful malpractice?' Read more: In April, the UK's highest court ruled unanimously that a Gender Recognition Certificate (GRC) does not alter a person's sex for the purposes of the Equality Act. The judgment clarified that the terms 'man' and 'woman' in the legislation refer to biological sex, not acquired gender. The EHRC then issued interim guidance in May related to trans people's use of facilities including including changing rooms and toilets, and participation in sports. It also launched a consultation on changes to parts of its code of practice for services, public functions and associations, which is due to conclude on June 30. The watchdog is due to publish the updated code later this year. While First Minister John Swinney initially welcomed the 'clarity' provided by the ruling, the Scottish Government has repeatedly said it is waiting for this further guidance before issuing new guidance of its own to Scotland's public bodies. However, the EHRC has repeatedly said that the ruling applies now and that "those with duties under the Equality Act 2010 should be following the law and looking at what changes, if any, need to be made to their policies and practices". For Women Scotland following the court ruling (Image: PA) After the meeting with the Equalities Directorate, FWS wrote to the EHRC to question the claims made by officials. Baroness Falkner replied: "As you rightly point out, our public messaging has been that the law as set out by the Supreme Court is effective immediately. "We have been clear in our public messaging and in direct conversations with duty-bearers, including the Scottish Government, that they should not wait for our guidance but should be seeking to update their policies and practices in the light of the new understanding of the law, taking their own specialist legal advice where necessary." Earlier this week, FWS wrote to the Scottish Government's Permanent Secretary Joe Griffin calling for a full investigation, saying it was "extremely concerning that statements made by a senior government official to a third party about EHRC advice have been directly contested by the regulatory body itself". In a letter to the campaigners on Friday, seen by The Herald, Mr Griffin did not challenge FWS's account of the meeting, and said his team would "revert in due course" with a fuller response. He said the Government accepted the Supreme Court's judgment and "acknowledges the EHRC statement that duty-bearers should not wait for our statutory Code of Practice for Services, Public Functions and Associations to be in place to review their policies to ensure they are complying with the law as now settled by the Supreme Court". This, he added, "aligns with the approach the Scottish Government has taken since the judgment was issued in April". Read more: In Holyrood on Wednesday, Mr Griffin was pressed by SNP MSP Michelle Thomson to name any concrete action the Government had taken since the ruling. Mr Griffin said only that the "short life working group" had been established to prepare for implementation. He could not identify any specific changes made to guidance or policy. Asked whether the threat of legal action — including two formal pre-litigation notices issued by FWS and Sex Matters — had prompted a rethink, Mr Griffin insisted that his advice remained that it was appropriate to wait for final EHRC guidance. Susan Smith from FWS told The Herald: 'After the rambling performance of the Permanent Secretary at committee, it was clear that the Scottish Government has done nothing to comply with the Supreme Court ruling. 'To justify this, the civil service has materially misrepresented the advice given by the EHRC. There is no justification for Ministers or civil servants to ignore the law, and these highly paid public servants and politicians should not sit on their haunches while grassroots women's groups with little power or funding explain to them the basic principles of law and professional standards. Scotland deserves better. 'To say we are shocked is an understatement. At what point does this stop being ignorant incompetence and tip into wilful malpractice? 'The only recourse open to us is to return to court. But given the Scottish Government resoundingly ignored earlier Court of Session rulings and is now seemingly intent on not implementing the UK Supreme Court judgment it appears largely futile and a further waste of taxpayers' money. Has the Scottish Government really put itself beyond the law?' A Scottish Government spokesperson said: "The Scottish Government has been clear that we accept the Supreme Court judgment and that public bodies have a duty to comply with the law. "Work is proceeding at pace to implement the ruling across Government. We have established a Short Life Working Group to ensure support and consistency in this. "We expect public bodies to be analysing policies and procedures and this is what is happening. For example, Police Scotland this week issued interim guidance on searching, including searching of transgender people. "The Scottish Government has also updated the Gender Representation on Public Boards (Scotland) Act 2018 guidance to reflect the judgment in relation to the definition of 'woman' under the Equality Act and this is now published online. "The recent changes to the Equality and Human Rights Commission's interim update demonstrate the complexity of this work and the need for extensive legal advice and consultation with stakeholders. We will continue to take this work forward at pace in a way which protects the rights of everyone in society. "The Permanent Secretary has responded to For Women Scotland."
