THE Scottish Government has responded to the interim guidance from the UK’s equality watchdog on single sex spaces.
The Equality and Human Rights Commission (EHRC) released an update last week following the recent judgement which said trans women should not be permitted to use women’s facilities in areas such as hospitals, shops and restaurants.
The judgment defined the term sex in the 2010 Equality Act as meaning biological sex and is expected to have far-reaching implications, with the EHRC expected to provide full guidance in the coming months.
Speaking on Monday, First Minister John Swinney said public bodies – such as hospitals, prisons and schools – should wait until the full guidance is published before making changes to policy.
Now, asked by Tory MSP Tess White in Holyrood on Tuesday what the official response is, Social Justice Secretary Shirley-Anne Somerville said the Scottish Government has written to EHRC to confirm whether public bodies should wait for the full guidance.
“The Scottish Government accepts the judgment of the Supreme Court, and work has begun on implementation,” the SNP MSP said.
“I have asked the permanent secretary to stand up a short life working group to ensure support and consistency across government on this work."
She added: “Following publication of the update late on Friday evening, I wrote to the EHRC to confirm that they agree that no public body, service provider, or other association should issue specific guidance at this point in time before the EHRC code of practice and guidance is finalized.”
Somerville went on: “As the enforcer and regulator of the Equality Act, all organisations must consider and comply with the EHRC revised code of practice and guidance to ensure that there is a consistent and clear understanding of the correct application of the law for all involved in this complex area.”
Pressed again by White to respond more urgently, who called the update “crystal clear”, Somerville said that a meeting set up for April 24 was “unfortunately” cancelled by the EHRC at “short notice” and that a new meeting was being sought.
“I understand officials are due to meet them this week, but in the meantime, this government is already continuing with its work to implement the Supreme Court judgment,” Somerville added.
