‘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.
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The Independent
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Western Telegraph
an hour ago
- Western Telegraph
Ministers ‘abusing' anti-terror laws against Palestine activists
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The Herald Scotland
an hour ago
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Ministers ‘abusing' anti-terror laws against Palestine activists
Organisers estimated that 350,000 people attended the protest, with those marching waving Palestinian flags and chanting 'free, free Palestine' and 'stop bombing Iran'. Many protesters chanted 'shame on you' as they walked past dozens of counter-protesters, organised by pro-Israeli group Stop The Hate, near Waterloo Bridge. The Metropolitan Police said a person was arrested after a bottle was thrown towards the counter-protesters. They added that 'a group appeared on Waterloo Bridge trying to block traffic' following the protest, with officers intervening to clear the road. The demonstrations come after reports on Friday that the Home Secretary will ban Palestine Action after the group vandalised two aircraft at RAF Brize Norton. Yvette Cooper has decided to proscribe the group, making it a criminal offence to belong to or support Palestine Action, after footage posted online showed two people inside the RAF base, with one appearing to spray paint into an aircraft's jet engine. Addressing crowds at the national march for Palestine in Whitehall, former SNP leader Mr Yousaf said: 'While we stand a stone's throw from Downing Street, let's make it clear to the Prime Minister: You try to intimidate us with your anti-terror laws by abusing them, but you'll never silence us as we speak out against the genocide that you're supporting. 'We're not the terrorists – the ones that are literally killing children, they are the terrorists.' A pro-Palestine protester said it was 'absolutely horrendous' that the Government is preparing to ban Palestine Action. Paloma Faith speaking after a march organised by the Palestine Solidarity Campaign in London (Jeff Moore/PA) Artist Hannah Woodhouse, 61, told the PA news agency: 'The Government, since yesterday, have said they're also going to start to try to proscribe peace activists who are trying to take action against the genocide – so Palestine Action are now being targeted by our Government, which is absolutely horrendous.' Ms Woodhouse, who is from London, added: 'Counter-terrorism measures, it seems, are being used against non-violent peace protesters. 'The peace activists are trying to do the Government's job, which is to disarm Israel. The duty of any government right now is to disarm a genocidal state.' Musician Paloma Faith told pro-Palestine campaigners that she would not 'stick to music and stay away from politics'. Speaking to crowds at the march, the songwriter, 43, added: 'Those who facilitate these crimes against humanity need to be made accountable, not those of us who are compassionate and humane enough to stand against it.' Former Labour leader Jeremy Corbyn told protesters that politicians were seeking to 'turn people who protest against the invasion of Iran or the occupation of Palestine into terrorists'. Former Labour Party leader Jeremy Corbyn speaking after a march organised by the Palestine Solidarity Campaign, from Russell Square to Whitehall in central London (Jeff Moore/PA) Some protesters were carrying Iran flags, with others hoisting signs – distributed by the Islamic Human Rights Commission – that read 'choose the right side of history' alongside a photo of Iranian Supreme Leader Ayatollah Ali Khamenei. Human rights group Liberty said banning Palestine Action 'would be a huge step change in how counter-terror laws are applied'. Sam Grant, its external affairs director, said in a statement: 'Targeting a protest group with terrorism powers in this way is a shocking escalation of the Government's crackdown on protest and we urge the Home Secretary to rethink. 'It's clear the actions of Palestine Action don't meet the Government's own proportionality test to be proscribed as a terrorist group, but the consequences for the group's supporters if ministers go ahead would be heavy – with things like wearing their logo carrying prison sentences. 'This move needs to be viewed in light of the sustained crackdowns on protest we have seen from successive governments over recent years, and the worrying fact that there are more and more non-violent protesters spending years in prison.' The Palestine Coalition is comprised of a number of different groups, including the Palestine Solidarity Campaign and Stop The War.
