Scottish Government threatened with legal action over single-sex spaces

The Scottish Government has been threatened with legal action if it fails to implement the recent Supreme Court judgement on biological sex in equalities law.
Sex Matters, which intervened in the For Women Scotland case against the government, has sent ministers a formal 'letter before action'.
In April, the Supreme Court said the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex – a ruling which had implications for access to single-sex spaces.
Sex Matters argue the Scottish Government is failing to implement the ruling in the public sector, though ministers including John Swinney have said they accept the judgment and are waiting for further guidance from the Equalities and Human Rights Commission before taking the next steps.
'It is clear that taking no action at the moment is not a lawful option that is available to the Scottish Government,' the letter said.
'As a bare minimum, the Scottish Government is required – now – to review and amend its practices and policies and guidance to ensure that it is made clear that 'single-sex spaces' means single biological sex spaces.
'A failure to take that step will mean that the Scottish Government is deliberately choosing to act unlawfully.'
The letter urges the Scottish Government to comply with the UK Supreme Court ruling from April, which determined that the terms 'woman' and 'sex' in the 2010 Equality Act refer to biological women and sex.
Scottish ministers previously said the judgement will 'inevitably' mean changes to the advice given to public bodies and health boards about single-sex spaces.
However, the Scottish Government has been waiting for fresh guidance from the Equality and Human Rights Commission (ECHR) before making any permanent changes.
This 'proposed delay' has caused concern for the Sex Matters group.
Speaking to BBC's Good Morning Scotland radio programme on Wednesday, the charity's CEO Maya Forstater said: 'The Supreme Court has made the law absolutely clear: men are male and women are female and both have a right to dignity and privacy in things like toilets and changing rooms as well as specialist services like women's refuges.
'The Scottish Government is dragging its feet, it hasn't changed its policies.'
Ms Forstater said the government had not implemented the ruling in schools or in its own facilities.
She said the government has 14 days to reply to the letter, adding: 'All we're asking them to do is put a simple statement on their website which says that their facilities are separated by sex and they also provide unisex facilities so everyone's included.'
In response to Sex Matters' concerns, a spokesman for the government told The Times: 'The Scottish Government has been clear that we accept the Supreme Court judgment.
'We are reviewing policies, guidance and legislation potentially impacted by the judgment.
'This will prepare us to take all necessary steps when the regulator of the Equality Act 2010, the Equality and Human Rights Commission, publishes its revised statutory code of practice and associated guidance for services, public functions and associations. The EHRC is currently consulting on this revised code of practice.
'We will respond to any letter received in due course.'
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

Try Our AI Features

Explore what Daily8 AI can do for you:

Learn with AIFact CheckingText to SpeechAI Summary

Related Articles

Glasgow Times

20 minutes ago

• Glasgow Times

Scottish Government ending use of WhatsApp after criticism

The Government had previously agreed to end its use of WhatsApp and other non-official messaging applications by spring next year. READ NEXT: First Bus receive huge accolade at Scottish Transport Awards 2025 The policy comes into force on Friday though some teams will continue to phase out the app by the end of the year. As part of the UK Covid-19 Inquiry, it emerged ministers and top civil servants deleted WhatsApp messages which had been requested by the inquiry team. The Conservatives attacked former first minister Nicola Sturgeon in particular for deleting messages, though she said they did not relate to Government business. Her successor, Humza Yousaf, ordered a review of mobile messaging which was carried out by Emma Martins – the former Channel Islands data protection commissioner. READ NEXT: Abusive social media posts directed at MSPs tripled in past year Deputy First Minister Kate Forbes said the policy will apply to all Scottish Government employees, including contractors, senior civil servants, special advisers and ministers. Ms Forbes said: 'We are setting out a clear approach to ending Government use of mobile messaging apps, and this will support wider work to deliver on our commitment to openness and transparency. 'The use of mobile messaging apps increased during the pandemic as staff worked remotely in unprecedented and difficult circumstances. Having reflected on our working practices, we are now implementing changes to the use of such apps. 'This follows on from actions to implement other recommendations from Ms Martins's externally-led review including updating our hybrid working policy. 'I want to reassure the public that it is a priority of this Government to maintain secure and searchable data, ensuring compliance with all records management rules. 'We will continue to act to ensure our data policies are robust, especially considering technological advances.' Opposition MSPs have said the new policy is a 'clear admission' from the Government that the pandemic deletions were wrong. Scottish Conservative MSP Craig Hoy said: 'This is as close as we'll get to an apology from the SNP for the shameful, industrial-scale deletion of Covid WhatsApp messages which was orchestrated by John Swinney and Nicola Sturgeon. 'This change in policy is all well and good but the horse has already bolted for bereaved families who were denied the answers they deserved over the decisions taken by SNP ministers during the pandemic. 'Secrecy and evasion are hardwired into this SNP Government, so the Scottish people will not be duped into thinking one overdue concession marks a change in culture.'

The Herald Scotland

32 minutes ago

• The Herald Scotland

Fergus Ewing's Break with the SNP Explained:

SNP family legacy Fergus Ewing, the long-serving SNP MSP for Inverness and Nairn, has confirmed he will stand as an independent candidate in the 2026 Holyrood election. Mr Ewing's ties to the Scottish National Party run deep — he was, as he has said before, 'literally born into the SNP'. His mother, the late Winnie Ewing, is a party legend, famously winning the 1967 Hamilton by-election — a breakthrough moment for the SNP — and reconvening the Scottish Parliament in 1999 as its eldest member. Politics is a family affair for Mr Ewing. His sister, Annabelle Ewing, is also an SNP MSP, while his late wife, Margaret Ewing, served as an MP and MSP for the party between the 1970s and early 2000s. Winnie Ewing with Alex Salmond and Nicola Sturgeon (Image: PA) Long-serving MSP and minister Mr Ewing has represented the Highlands in Holyrood since the first elections in 1999 — initially for Inverness East, Nairn and Lochaber, and, since 2011, for its successor seat, Inverness and Nairn. He spent 14 years in government, serving under both Alex Salmond and Nicola Sturgeon, with portfolios ranging from community safety and tourism to energy and rural affairs. His final ministerial post was Cabinet Secretary for Rural Economy. Despite his loyal service, Mr Ewing has long had an independent streak — something he says voters appreciate. 'Frankly, if they wanted a doormat, they'd have gone to B&Q.' Fergus Ewing in Holyrood's ministerial lift. Clashes, controversy and confidence votes In recent years, Mr Ewing's willingness to speak out has led to open conflict with SNP leadership. He was a vocal critic of the Bute House Agreement with the Scottish Greens, calling it a 'strategic blunder'. He also opposed several high-profile policies, including: The Deposit Return Scheme A proposed ban on new gas boilers Plans to designate 10% of Scotland's seas as Highly Protected Marine Areas (HPMAs) He famously ripped up an HPMA consultation document in parliament, calling it a 'notice of execution' for the fishing industry. Fergus Ewing ripping up the HPMA consultation (Image: NQ) In 2022, he voted against gender recognition reforms, defying the party whip. The breaking point came in 2023, when he supported a no-confidence motion against Green minister Lorna Slater, resulting in a one-week suspension from the SNP group. Mr Ewing remained unapologetic: 'The SNP I joined would never have asked me… to choose between loyalty to party and loyalty to constituents.' He criticised what he called a culture of 'sourness and hostility' in the party and accused the leadership of preferring 'obedient and pliant' candidates. The road to standing as an independent In March 2025, Mr Ewing announced he would not seek re-selection as an SNP candidate, citing the party's broken promises on dualling the A9 and A96. 'I cannot, with honour, stand up in front of my constituents and say I am standing as an SNP candidate,' he said. He accused the SNP of deserting key voter groups, including farmers, fishermen and North Sea oil workers. On June 20, Mr Ewing confirmed he would run as an independent in the 2026 election. 'This has not been an easy decision,' he said, 'but I love the people of Inverness and Nairn more than my party.' He called for Holyrood to move beyond partisan bickering and return to 'its best'. A High-Profile Showdown Mr Ewing will now face off against his own party. The SNP has selected Highlands and Islands list MSP Emma Roddick to contest the seat. First Minister John Swinney expressed 'deep regret' over Mr Ewing's decision, saying he had the option to stand again. While Mr Ewing insists he has not formally quit the SNP, party sources say standing as an independent constitutes a public resignation — a breach of Article 4.4 of the party's constitution, which states that membership ceases upon death, resignation, or failure to pay dues. In 2021, Mr Ewing won 47.7% of the vote in Inverness and Nairn, securing a 9,114-vote majority over Conservative candidate Sir Edward Mountain. Emma Roddick outside Parliament Regardless of what happens next May, Mr Ewing looks set to remain a thorn in the side of the SNP.  Deborah Anderson ​ Andrew Learmonth; ​ Kathleen Nutt; ​ Hannah Brown; ​ Rebecca McCurdy ​ ​ Catherine Salmond; ​ Derek McArthur ​ Hello, Would it not be easier for us to have this as a live banner though that we can ask people to attach to their files? Deborah  Andrew Learmonth ​ Kathleen Nutt; ​ Hannah Brown; ​ Rebecca McCurdy ​ ​ Deborah Anderson; ​ Catherine Salmond ​ undefined 60% of recipients have opened this mail. undefined Hello, Can we start adding this source code to the bottom of every politics article? It will bring up an advert and a link to Unspun Live. To add it you need to click this button on Martini. That will take you into HTML mode. And then scroll down to the bottom of the article and then copy and paste the code below. If you click on the source button again you should be able to see if it's worked. @Deborah Anderson Can we get colleagues to do this when they're working on politics tales?

Leader Live

44 minutes ago

• Leader Live

Scottish Government ending use of WhatsApp after Covid inquiry criticism

The Government had previously agreed to end its use of WhatsApp and other non-official messaging applications by spring next year. Opposition MSPs have said the new policy is a 'clear admission' from the Government that the pandemic deletions were wrong. The policy comes into force on Friday though some teams will continue to phase out the app by the end of the year. As part of the UK Covid-19 Inquiry, it emerged ministers and top civil servants deleted WhatsApp messages which had been requested by the inquiry team. The Conservatives attacked former first minister Nicola Sturgeon in particular for deleting messages, though she said they did not relate to Government business. Her successor, Humza Yousaf, ordered a review of mobile messaging which was carried out by Emma Martins – the former Channel Islands data protection commissioner. Deputy First Minister Kate Forbes said the policy will apply to all Scottish Government employees, including contractors, senior civil servants, special advisers and ministers. Ms Forbes said: 'We are setting out a clear approach to ending Government use of mobile messaging apps, and this will support wider work to deliver on our commitment to openness and transparency. 'The use of mobile messaging apps increased during the pandemic as staff worked remotely in unprecedented and difficult circumstances. Having reflected on our working practices, we are now implementing changes to the use of such apps. 'This follows on from actions to implement other recommendations from Ms Martins's externally-led review including updating our hybrid working policy. 'I want to reassure the public that it is a priority of this Government to maintain secure and searchable data, ensuring compliance with all records management rules. 'We will continue to act to ensure our data policies are robust, especially considering technological advances.'