Latest news with #GenderRepresentationonPublicBoards
The Herald Scotland
7 days ago
- Health
- The Herald Scotland
Let trans women into women's shelters, say SNP ministers
But the suggestion drew strong criticism from campaigners, who said the Scottish Government was misrepresenting the law. 'Services are either single-sex or open to everyone, and there are no circumstances where it is legally possible to provide a service for 'biological women and trans women',' Trina Budge of For Women Scotland told The Herald. READ MORE Three months ago, the UK's highest court ruled that 'women' and 'sex' in the Equality Act 2010 referred to biological sex rather than gender identity. The court case was brought by FWS after they challenged the Scottish Government's guidance on the definition of 'woman' in the Gender Representation on Public Boards (Scotland) Act 2018. Following the Supreme Court ruling, the commission issued draft guidance on a range of topics, including how single-sex services can be lawfully provided, when trans people can be excluded, and when organisations might request a birth certificate or Gender Recognition Certificate. The draft said any service offered to 'women and trans women' is not a single-sex service under the Equality Act and could amount to unlawful discrimination against those of the opposite sex. The EHRC later opened a consultation on the draft to help formulate an updated Code of Practice. The commission said it received more than 50,000 responses. Final guidance had been expected before Parliament broke for summer earlier this week, but the EHRC said last week it would be published later in the year. For Women Scotland won the Supreme Court in April (Image: PA) The Scottish Government quietly published its response to the consultation on Friday afternoon. Ministers raised concerns that the commission's draft code placed too much emphasis on when trans people can be excluded from services, and not enough on how services can remain inclusive within the law. 'We consider that it would be helpful to provide illustrative examples within the Code of Practice to provide guidance on how a service provider may lawfully implement an inclusive approach,' the Government said. 'This would be particularly helpful in situations where a service provider has identified a need that exists for both biological women and trans women, for example in relation to those who have experienced domestic abuse, homelessness or trafficking. 'Without this clarity, providers may simply stop offering any services to trans people due to concerns about legal risk.' They also warned that, following the judgment, some trans people had chosen to 'remove themselves from public life' out of fear of being turned away from services. In its submission, the Scottish Government also said it was also concerned about what it described as 'social policing' of someone's sex. 'We note that the impact of the guidance may lead to situations where some members of the public will take it upon themselves to judge appearances and assume someone's sex based on their perception of that person's sex or gender identity. 'This sense of distrust in others and social policing of bodies is detrimental not only for trans and non-binary people, but for those who are born male or female who may not fit into society's current expectations of what a man or woman looks like, which change over time, and in different contexts and places.' The response also called for advice on how to apply the updated definition of legal sex to workplace facilities, and for consideration of the impact of the code on intersex people. Ms Budge said: 'The Scottish Government still woefully misunderstands the Supreme Court judgment on how the Equality Act works. "Services are either single-sex or open to everyone, and there are no circumstances where it is legally possible to provide a service for 'biological women and trans women'. 'We note that in pushing for this option, the Government has dropped its previous legal argument that a man needs a GRC to access a women's service and reverted to, once again, looking for ways to include men in women's services on a self-ID basis. 'Women who have suffered domestic abuse or trafficking do not wish to be put in sleeping accommodation with males for very good reasons of privacy and safety, and it is beyond our understanding why the Government keeps trying to insist otherwise." Lucy Hunter Blackburn from the MBM policy collective said: 'The response suggests that the Scottish Government has learnt little from the past few years. "It remains fundamentally unsympathetic to the rights and needs of women as a sex, and strongly wedded to defining 'women' as a group that must include some men. 'As a result, it appears to misunderstand both the judgment and the role of the EHRC. It still seems to believe, wrongly, that managing single-sex services and spaces must involve 'balancing' the rights of women against those of a sub-set of men. 'It is resisting clarity in favour of complication, and in doing so providing poor leadership to all Scottish public bodies who now just need to make the law work on the ground.'
The National
27-06-2025
- Politics
- The National
Scottish Government changes guidance that led to Supreme Court ruling
The Gender Representation on Public Boards (Scotland) Act sparked the legal challenge from For Women Scotland (FWS) on the definition of a woman which led to the issue being heard in the UK's highest court. Initially, the guidance stated that transgender women with a Gender Recognition Certificate (GRC) or those living as women would count towards gender balance on public boards. The 2004 Gender Recognition Act, which introduced GRCs, used the terms sex and gender interchangeably. It said a GRC meant someone "becomes for all purposes the acquired gender". READ MORE: Patrick Harvie and Angus Robertson face-off over Israel divestment The anti-trans campaign group disagreed with this definition, and in 2022 took the Scottish Government to court. They initially lost a judicial review, but were then successful on appeal. The Scottish Government then changed guidance to only include trans women with a GRC. This led to FWS calling for a second judicial review, which they lost in December 2022. The case then went to the Supreme Court, with judges ruling in April that women were defined by biological sex under the Equality Act 2010. (Image: NQ staff) FWS raised thousands of pounds via a crowdfunder to take the case to the UK's highest court. They have recently said they would consider further legal action. And now, the Scottish Government has updated the statutory guidance relating to public boards on its official website. An update to the document reads: 'The meaning of 'woman' for the purposes of the Act. 'There is no definition of 'woman' set out in the Act with effect from 19 April 2022 and 22 March 2022. 'By virtue of section 11 and section 212(1) of the Equality Act 2010 references in the Act to a 'woman' or to 'women' are references to a biological woman or women.' READ MORE: Labour U-turn on benefits cuts in bid to win over rebel MPs In April, Social Justice Secretary Shirley-Anne Somerville announced the Scottish Government would make the change to the guidance. She added that the ruling had sparked 'real anxiety' from trans and non-binary people. 'It is significant that the Supreme Court stated that their judgment that the rights of the trans community are enshrined in law and I want to reassure our trans community that you are valued and the Scottish Government is fully committed to protecting everyone's rights and that includes your community,' she said. Following the judgment, the Equality and Human Rights Commissions (EHRC) issued guidance that banned transgender people from using the toilets of their acquired gender. The EHRC has since been forced to change part of the guidance amid a legal challenge of its interpretation of the Supreme Court ruling. It rescinded guidance that stated it was 'compulsory' for workplaces to provide single-sex toilets. The Scottish Parliament, and more recently the House of Commons, have banned transgender people from using the toilets of their acquired gender following the Supreme Court's ruling. Trans women were also banned from playing in women's football and cricket teams.
Rhyl Journal
14-06-2025
- Politics
- Rhyl Journal
‘We don't want to go back to court', says women's group over gender ruling delay
For Women Scotland (FWS) challenged the meaning of a woman in the Gender Representation on Public Boards (Scotland) Act, with the UK's highest court ruling the definition in the 2010 Equality Act referred to biological sex. The decision is likely to have far-reaching implications for transgender people in accessing services, but the Scottish Government has declined to make changes to guidance until the Equality and Human Rights Commission (EHRC) issues its own guidance, which is expected to take place in the coming months. But speaking at a fringe event at the Scottish Conservative conference in Edinburgh, FWS co-director Susan Smith said the group was considering a further legal challenge against the Government. Speaking to journalists after the event, she said: 'We have spoken to the Scottish Government and asked them to withdraw some of this guidance, just to say that it's under review – they don't have to re-issue anything at this point – because it's clearly unlawful, we really do need some action. 'They're telling us they have to wait for the EHRC revised guidance and we don't believe this is true.' Ms Smith added that, if a woman were to be assaulted in prison by a transgender prisoner, the Government could be taken to court by the victim. 'I think they need to step up and take a bit of responsibility because these things are under their remit,' she said. She added: 'We don't want to go back to court, we really, really don't, but if we don't see some action that may be something we will have to consider.' Ms Smith said the group is speaking with its lawyers but she would not say if there was a timeline for action to begin. The co-director stressed that if ministers were concerned about a challenge to their guidance from the pro-trans rights side of the argument, they should be worried about one from FWS and other such groups too. 'They seem worried about a legal challenge from the other side,' she said. 'But my message to them would be they should be more worried about a legal challenge from the people who have the law on their side.' Ms Smith was joined at the fringe meeting – which was hosted by Tory MSP Pam Gosal – by former foreign secretary James Cleverly. Mr Cleverly was part of the Conservative-led government which blocked the Scottish Government's controversial gender reforms. The Government proposed removing the need for a diagnosis of gender dysphoria as a requirement for obtaining a gender recognition certificate – a process known as self identification. The move was scuppered by then-Scottish secretary Alister Jack, who used Section 35 of the Scotland Act to block the legislation. Mr Cleverly told attendees the move showed the 'importance of the union'. 'This issue was clearly spiralling out of control, badly out of control,' he said.
North Wales Chronicle
14-06-2025
- Politics
- North Wales Chronicle
‘We don't want to go back to court', says women's group over gender ruling delay
For Women Scotland (FWS) challenged the meaning of a woman in the Gender Representation on Public Boards (Scotland) Act, with the UK's highest court ruling the definition in the 2010 Equality Act referred to biological sex. The decision is likely to have far-reaching implications for transgender people in accessing services, but the Scottish Government has declined to make changes to guidance until the Equality and Human Rights Commission (EHRC) issues its own guidance, which is expected to take place in the coming months. But speaking at a fringe event at the Scottish Conservative conference in Edinburgh, FWS co-director Susan Smith said the group was considering a further legal challenge against the Government. Speaking to journalists after the event, she said: 'We have spoken to the Scottish Government and asked them to withdraw some of this guidance, just to say that it's under review – they don't have to re-issue anything at this point – because it's clearly unlawful, we really do need some action. 'They're telling us they have to wait for the EHRC revised guidance and we don't believe this is true.' Ms Smith added that, if a woman were to be assaulted in prison by a transgender prisoner, the Government could be taken to court by the victim. 'I think they need to step up and take a bit of responsibility because these things are under their remit,' she said. She added: 'We don't want to go back to court, we really, really don't, but if we don't see some action that may be something we will have to consider.' Ms Smith said the group is speaking with its lawyers but she would not say if there was a timeline for action to begin. The co-director stressed that if ministers were concerned about a challenge to their guidance from the pro-trans rights side of the argument, they should be worried about one from FWS and other such groups too. 'They seem worried about a legal challenge from the other side,' she said. 'But my message to them would be they should be more worried about a legal challenge from the people who have the law on their side.' Ms Smith was joined at the fringe meeting – which was hosted by Tory MSP Pam Gosal – by former foreign secretary James Cleverly. Mr Cleverly was part of the Conservative-led government which blocked the Scottish Government's controversial gender reforms. The Government proposed removing the need for a diagnosis of gender dysphoria as a requirement for obtaining a gender recognition certificate – a process known as self identification. The move was scuppered by then-Scottish secretary Alister Jack, who used Section 35 of the Scotland Act to block the legislation. Mr Cleverly told attendees the move showed the 'importance of the union'. 'This issue was clearly spiralling out of control, badly out of control,' he said.
South Wales Argus
14-06-2025
- Politics
- South Wales Argus
‘We don't want to go back to court', says women's group over gender ruling delay
For Women Scotland (FWS) challenged the meaning of a woman in the Gender Representation on Public Boards (Scotland) Act, with the UK's highest court ruling the definition in the 2010 Equality Act referred to biological sex. The decision is likely to have far-reaching implications for transgender people in accessing services, but the Scottish Government has declined to make changes to guidance until the Equality and Human Rights Commission (EHRC) issues its own guidance, which is expected to take place in the coming months. But speaking at a fringe event at the Scottish Conservative conference in Edinburgh, FWS co-director Susan Smith said the group was considering a further legal challenge against the Government. Speaking to journalists after the event, she said: 'We have spoken to the Scottish Government and asked them to withdraw some of this guidance, just to say that it's under review – they don't have to re-issue anything at this point – because it's clearly unlawful, we really do need some action. 'They're telling us they have to wait for the EHRC revised guidance and we don't believe this is true.' Ms Smith added that, if a woman were to be assaulted in prison by a transgender prisoner, the Government could be taken to court by the victim. 'I think they need to step up and take a bit of responsibility because these things are under their remit,' she said. She added: 'We don't want to go back to court, we really, really don't, but if we don't see some action that may be something we will have to consider.' Former foreign secretary James Cleverly was also in attendance at the event (Stefan Rousseau/PA) Ms Smith said the group is speaking with its lawyers but she would not say if there was a timeline for action to begin. The co-director stressed that if ministers were concerned about a challenge to their guidance from the pro-trans rights side of the argument, they should be worried about one from FWS and other such groups too. 'They seem worried about a legal challenge from the other side,' she said. 'But my message to them would be they should be more worried about a legal challenge from the people who have the law on their side.' Ms Smith was joined at the fringe meeting – which was hosted by Tory MSP Pam Gosal – by former foreign secretary James Cleverly. Mr Cleverly was part of the Conservative-led government which blocked the Scottish Government's controversial gender reforms. The Government proposed removing the need for a diagnosis of gender dysphoria as a requirement for obtaining a gender recognition certificate – a process known as self identification. The move was scuppered by then-Scottish secretary Alister Jack, who used Section 35 of the Scotland Act to block the legislation. Mr Cleverly told attendees the move showed the 'importance of the union'. 'This issue was clearly spiralling out of control, badly out of control,' he said.
