THE Scottish Parliament Corporate Body (SPCB) has defended its decision to ban transgender people from using certain toilets after being urged to drop the “unfair” policy.
In May, Presiding Officer Alison Johnstone announced that access to the parliament’s facilities would be based on biological sex, not gender identity, after the Supreme Court judgment on the definition of a woman.
Following the ruling, the Equality and Human Rights Commission (EHRC) issued interim guidance that banned transgender people from using the bathroom of their acquired gender.
The move led to MSPs and staff writing to Holyrood’s governing body expressing “deep concern” over the decision, but the policy has remained in place.
Westminster, Stormont, and the Senedd have not changed their polices and allow transgender people to use the toilets of their acquired gender.
On Thursday, Scottish Greens co-leader Patrick Harvie raised the issue during SPCB questions.
He noted that the SPCB previously said it “remains committed to providing an inclusive environment” at Holyrood.
“I am also aware that the response to colleagues in the staff union, representing staff in the Scottish Green parliamentary group, has also not addressed the substantive points they raised.
“They say it didn’t address the lack of initial consultation, specific negative impacts on trans staff members or on gender non conforming people, the violation of privacy and dignity, criticism the EqIA [Equality Impact Assessment] and other points.
“Given that the corporate body is now well aware that it has not achieved its intention of an inclusive workplace, surely it is time for the corporate body to think again and rescind this unclear and unfair interim position until a full position can be consulted on.”
Responding on behalf of the SPCB, Scottish Tory MSP Jackson Carlaw insisted the governing body had “legal responsibilities”.
“Our job, even though we are politicians, is not to debate the politics of an issue, but to ensure that we are implementing the law as the law is communicated to us,” Carlaw told MSPs.
“With this in mind, managers were asked to immediately engage with their teams to discuss the interim stance, to identify any concerns about its impact and to support individuals who may be personally affected.
“This is an ongoing process, and we are committed to the wider wellbeing of our staff, which is embedded in a number of our policies and our management approach.”
Carlaw added that the Scottish Parliament was working to “improve inclusivity” and any further policy changes would take into account the EHRC statutory code “once it is finalised”.
Scottish Labour’s Carol Mochan asked Carlaw to explain why the SPCB chose to introduce changes now before the EHRC’s full guidance was published.
“Officials took urgent steps following its publication to review the judgment in detail and consider its implications for services and facilities at Holyrood,” he replied.
“Now this is in line with the EHRC statement that those duties under the Equality 2010 act need to comply with the law and should be urgently reviewing what changes need to be made to their existing policies and practices. It's a matter for others to determine how they address their responsibilities.”
Scottish Tory MSP Pam Gosal noted that anti-trans campaign group Sex Matters have “warned they will come after organisations refusing to follow the ruling” and a challenge would leave “taxpayers footing the bill”.
“It is the responsibility of the corporate body to implement the law and the advice that we receive. That is what the corporate body's duty is.
“I've said, of course, that it's an interim position, and that there's a consultation taking place.
“That we remain committed to inclusivity, and that that is the primary objective of the work that we are doing.”
