Latest news with #EHRC
The Guardian
2 days ago
- Politics
- The Guardian
Scottish government given deadline to implement ruling on biological sex
The Scottish government has been given a deadline to implement the UK supreme court's ruling on biological sex across all public bodies or face further legal challenges. Sex Matters, the UK-wide gender-critical campaign group, has threatened legal action in 14 days if ministers continue 'intolerable' delays to new policies and guidance required by April's landmark ruling that the legal definition of a woman in the Equality Act 2010 does not include transgender women who hold gender recognition certificates. The move reflects ongoing frustration among gender-critical campaign groups at what For Women Scotland, who brought the supreme court case, described as 'extraordinary pushback' since the unanimous judgment. Politicians, LGBT+ rights groups and prominent supporters have raised concerns that the ruling could result in the erosion of rights, privacy and dignity of trans people across the UK. These fears were increased after the equality watchdog the Equality and Human Rights Commission (EHRC) brought out interim advice soon after the judgment which, they said, amounted to a blanket ban on trans people using toilets of their lived gender, which many in the community said effectively excluded them from public spaces. The ruling has wide-ranging implications for service providers, public bodies and businesses, with the EHRC currently consulting on a revised code of practice that will provide a practical guide on implementation. However, the Sex Matters letter says the consultation is 'not an invitation – particularly to public authorities – to act in a way that is unlawful in the meantime'. Sex Matters intervened in the supreme court case that was brought by For Women Scotland against the Scottish government over a law aimed at improving gender representation on public boards. Maya Forstater, a founder of Sex Matters, said the supreme court was clear that legal protection for trans people 'does not translate into a right to use opposite-sex services', adding that allowing trans women to use women's toilets, showers and changing rooms had 'created a hostile environment for women'. Sex Matters is particularly concerned about the Scottish government's guidance for schools, which encourage teaching staff offer flexible arrangements for young transgender people and states that the use of toilets is governed by social convention rather than law. The Good Law Project, which is challenging the EHRC's interim advice in court next month, revealed earlier this week that the commission appeared to be rolling back on its initial blanket position. Last weekend, For Women Scotland co-director Susan Smith encouraged individuals to 'keep pressure on MSPs and MPs', and make use of the fighting fund announced by the author and activist, JK Rowling, to launch their own actions. Rowling said the fund was 'not going to be sharing any details or figures about applications and inquiries, as it's a private fund, not a fundraising charity, and funding details are strictly confidential'. A Scottish government spokesperson said that they would respond to the letter in due course. They said: '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.'
Daily Mail
2 days ago
- Politics
- Daily Mail
SNP ministers face new trans row legal threat
The Scottish Government is being threatened with legal action unless it ends the 'unlawful' practice of allowing biological males to use female-only spaces 'immediately'. Maya Forstater, CEO of Sex Matters, has written to SNP ministers urging them not to wait for Equality and Human Rights Commission (EHRC) guidance on how April's Supreme Court ruling should be implemented. Judges ruled that biological sex defined if a person is male or female and put women- only spaces off-limits to biological males who identify as women. It was a huge defeat for Scottish ministers after campaign group For Women Scotland took them to court. Since then there have been calls for the SNP government to order public bodies, including prisons, hospitals and schools, to fully comply with the ruling. Speaking at the Faculty of Advocates in Edinburgh last night, Ms Forstater insisted the government has been 'stalling' by failing to take action until the EHRC issues guidance. And she warned that her human rights charity is now prepared to take legal action. She said: 'The judgment has clarified the law. Its effect is not suspended pending updated guidance from the EHRC. It is the law now. To the extent that the Scottish Government does not immediately stop its unlawful practices we may decide to commence proceedings. We have consulted with counsel and are prepared to litigate.' The Scottish Government last night said: 'We are reviewing policies, guidance and legislation potentially impacted by the judgment.' Police Scotland has been ordered to carry out a review after it failed to disclose a transgender prisoner's criminal record. Justice Secretary Angela Constance said the force had made an 'error' after a lawyer got a blank rap sheet back from the Crown Office for convicted killer Alex Stewart – who was originally called Alan Baker.
Telegraph
2 days ago
- Politics
- Telegraph
Feminists threaten to sue SNP for ‘ignoring' Supreme Court trans ruling
SNP ministers have been threatened with legal action for failing to comply with the Supreme Court ruling that banned biological men from women's toilets and changing rooms. Human rights charity Sex Matters has given the Scottish Government two weeks to introduce new policies and guidance or face further court action. In a formal 'letter before action' sent to ministers, the charity demanded that they issue a statement that policies allowing trans people to access women-only spaces be 'suspended with immediate effect'. 'Updated and lawful guidance' should be issued 'at the earliest opportunity', the letter said, with public bodies ordered 'to take immediate action to provide single-sex facilities on the basis of biological sex '. Ruling is 'the law now' First Minister John Swinney has said Scotland's public sector should await guidance on implementing the ruling from the Equalities and Human Rights Commission (EHRC) before acting. But Sex Matters said April's Supreme Court ruling was 'the law now' and it had not been 'suspended in any way' pending the EHRC guidance, which is expected to be published later this summer. The EHRC has previously told the Scottish Government it did not need to delay, noting that the law was already set out in the Supreme Court's 'very readable' ruling and this was 'effective immediately'. Interim guidance has also been issued by the equalities watchdog stating that access to single-sex facilities in workplaces and public services should be based on biological sex. The Tories said Sex Matters had been left with 'no choice' but to threaten legal action to force SNP ministers to comply, 'leaving taxpayers on the hook for costly payouts'. Sturgeon's self-ID When Nicola Sturgeon was in government she proposed allowing trans people to self-identify – meaning they could change gender by signing a declaration without a medical diagnosis. However, after it was passed by MSPs, the controversial Gender Recognition Reform Bill was vetoed by the UK Government over concerns it undermined safety in single-sex spaces. But swathes of Scotland's public sector adopted self-ID, allowing trans people access to female toilets and changing rooms. On April 16, feminist campaign group For Women Scotland won against the Scottish Government in the Supreme Court, which ruled that the definition of woman was based on biological sex. Maya Forstater, chief executive of Sex Matters, said the ruling 'made the law absolutely clear' about who could access women's toilets, changing rooms and refuges but 'the Scottish Government is dragging its feet'. She told BBC Radio's Good Morning Scotland programme: 'It hasn't changed its policies. It still has a policy in schools of saying that schools should allow a child who identifies as transgender to use opposite sex toilets and changing rooms and for its employees in government buildings. 'That exposes women and girls, in particular, to harassment because of their sex. Allowing a man or a boy into a women's toilet creates a hostile environment for women and girls, and that's unlawful.' Ms Forstater said the charity had held a meeting two weeks ago with Scottish Government officials but argued that they were 'passing the buck' by claiming they had to wait for the EHRC guidance. Although she acknowledged that small businesses without access to legal advice may rely on the EHRC, she said this did not apply to SNP ministers. She added: 'They do understand the law, they have legal advisers on tap and they should act now.' She said there was 'no reason to wait' and noted that any woman forced to share a female-only safe space with a biological man could take legal action against the Scottish Government. Asked about the charity's next move, she said: 'They have 14 days to reply. What we've asked them to do is something quite simple. They have the facilities already. 'They have male toilets, female toilets and unisex and all we're asking them to do is put a simple statement on their website that says that their facilities are separated by sex and that they also provide unisex facilities, so that everyone's included.' The letter, which was signed by Ms Forstater, also told SNP ministers that their guidance in a document called 'Supporting transgender pupils in schools' is 'wrong and must be withdrawn with immediate effect'. If the Scottish Government fails to comply within 14 days, she warned 'we may commence proceedings without further warning'. Ms Forstater added: 'For the avoidance of any doubt, we have already consulted with solicitors and counsel in relation to the matters set out in this letter and are prepared to litigate in relation to them.' 'Reckless pandering' Tess White, the Scottish Tories' equalities minister, said: 'The Supreme Court's judgment was crystal clear, but John Swinney still refuses to follow it. 'Sex Matters shouldn't have to threaten legal action, but the SNP government is leaving them no choice by clinging to unlawful guidance on single-sex spaces. 'This reckless pandering to gender ideologues is putting women and girls at risk – and leaving taxpayers on the hook for costly payouts.' Shirley-Anne Somerville, the SNP's Social Justice Secretary, said the Scottish Government accepted the court's decision and was 'moving forward right across government with work on this issue'. She said: 'That's exactly why we have the short-life working group that brings together the civil servants from right across government to ensure that we're delivering at pace and we're delivering consistently.' A Scottish Government spokesman said: ''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.'
The Herald Scotland
2 days ago
- Politics
- The Herald Scotland
Sex Matters warns Scottish Government over court ruling
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. READ MORE The judgment clarified that the terms 'man' and 'woman' in the legislation refer to biological sex, not acquired gender. While First Minister John Swinney welcomed the 'clarity' provided by the judgment, the Scottish Government has said it is still waiting for further instruction from the Equality and Human Rights Commission (EHRC) before it issues guidance of its own to Scotland's public bodies. The watchdog is due to publish an updated statutory Code of Practice — effectively an authoritative instruction manual on applying the Equality Act — later this year. However, the EHRC has repeatedly said that as the ruling applies now, '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.' In the letter to the Government, Sex Matters says the ruling must be implemented 'without delay'. It also calls for the immediate withdrawal of the Government's guidance document Supporting transgender pupils in schools, describing it as 'wrong'. The charity's chief executive, Maya Forstater, told BBC Radio Scotland's Good Morning Scotland programme: '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 has not changed its policies.' Ms Forstater said the ruling had yet to be applied in schools or in the Government's own facilities. She added: 'All we are 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 is included.' READ MORE A spokesperson for the Scottish 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.' Over the weekend, speaking at a fringe event at the Scottish Conservative conference, For Women Scotland's Susan Smith said people needed to challenge organisations failing to implement the law. 'We are possibly going to have to go back to court in order to get some of the Government policies — especially policies in prison — changed. There are still at least four male murderers in the women's prison estate in Scotland, and that is a shocking fact. 'But we have [the Supreme Court judgment] now, and this is a fantastic basis to go forward.' Speaking to journalists later, she said: 'We have spoken to the Scottish Government and asked them to withdraw some of this guidance — just even say it is under review. They do not have to reissue anything at this point, but because it is clearly unlawful, we really do need some action. 'They are telling us they have to wait for the EHRC revised guidance. We do not believe this is true.'
Scotsman
2 days ago
- Health
- Scotsman
Supreme Court gender: Government told to 'stop dragging its feet' on self-ID and single-sex spaces
Scottish ministers have been told to implement the interim guidance from the EHRC urgently. Sign up to our Politics newsletter Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... The Scottish Government is being accused of 'dragging its heels' on gender self-ID and its guidance on single-sex spaces. Ministers have been warned they are opening the Government up to 'legal, financial and reputational damage' by not implementing the interim guidance on single-sex spaces issued by the Equality and Human Rights Commission (EHRC). Advertisement Hide Ad Advertisement Hide Ad This comes a month after the UK Supreme Court ruled the legal definition of the words 'woman' and 'sex' in the Equality Act 2010 refers to biological sex, and the Scottish Government's guidance that trans women could be classed as women for some pieces of legislation was 'incorrect'. Susan Smith and Marion Calder, right, co-directors of For Women Scotland with campaigners celebrate outside the Supreme Court in London after terms "woman" and "sex" in the Equality Act were ruled to refer to a biological woman and biological sex. Picture: Lucy North/PA Wire | Lucy North/Press Association Following the verdict, the EHRC has issued interim guidance that says trans women 'should not be permitted to use women's facilities' such as toilets and changing rooms. Conservative MSP Pam Gosal raised this with Social Justice Secretary Shirley-Anne Somerville and said the Government must urgently implement this guidance. Advertisement Hide Ad Advertisement Hide Ad She said: 'The Scottish Parliament announced it will be implementing this guidance, but bodies are still waiting for clarity, including the Scottish Secondary Teachers' Association, the nursing union with nurse Sandie Peggie calling for the Royal College of Nursing to take a stand, and prisons needing clarity on the handling of trans prisoners. 'Can the Cabinet secretary and the Government stop dragging their heels?' Teachers 'crying out' for single-sex space guidance Alba MSP Ash Regan added: 'Teachers are crying out for lawful guidance to repair a decade of lobby-led ideology, councils are losing court cases, female prisoners are being denied justice and their human rights, and NHS Fife policy is now exposed as clearly unlawful. Advertisement Hide Ad Advertisement Hide Ad 'How much legal, financial and reputational damage will Scotland stomach before the government stops dragging its feet?' The minister's response Ms Somerville said a consultation on the EHRC guidance was ongoing and the Scottish Government would be waiting for the finalised guidance before changing its position to ensure 'consistency in this complex area of the law'. She said the EHRC had not objected to this approach from the Scottish Government, and this was in line with the stance taken by the UK government.
