THE Scottish Government has agreed to meet with gender-critical campaigners who have threatened legal action.
The Government also said its trans and non-binary inclusion policy, which applies to staff, is under “active review”.
Campaign group Sex Matters has called on ministers to make a statement on its policy around access to toilets in Government properties.
Sex Matters wrote to Nicola Richards, the Scottish Government’s director of people, at the start of July to raise concerns about single-sex spaces.
The letter followed the issue of a formal “letter before action” in June warning of potential legal action, saying ministers are failing to implement the recent Supreme Court judgment on biological sex in equalities legislation.
The campaign group was offered a meeting with Dr Richards, with the Government saying the policy on trans and non-binary equality had been put under “active review” in light of the Supreme Court judgment.
But the Government said the policy has not been amended.
Dr Richards wrote that the Scottish Government does not agree with Sex Matters that it is “appropriate or straightforward to take immediate steps” to bring its toilets policy into line with the Supreme Court’s ruling on the meaning of “man” and “woman”.
She cited the Good Law Project’s legal challenge to the Health and Safety Executive’s interpretation of the Workplace (Health, Safety and Welfare) Regulations 1992 as a reason for a lack of action on the policy.
Dr Richards wrote: “Given these complexities, the Scottish Government does not agree that it is appropriate or straightforward to take immediate steps to either withdraw or amend the current policy.
“It is my understanding that the approach of the Scottish Government in this regard, of reviewing policies and, where appropriate, seeking guidance from the Equality and Human Rights Commission (EHRC), is consistent with the position of the UK and Welsh Governments.
“Appropriate changes will be made to the policy referred to in your letter, and others impacted by the ruling, as soon as the Scottish Government has further clarity. This will follow any required and appropriate consultation and engagement.”
Later this week, the employment tribunal involving nurse Sandie Peggie and NHS Fife will resume.
Veteran nurse Peggie brought the case against the health board after her complaint about sharing a changing room with transgender medic Dr Beth Upton led to her being suspended.
Peggie lodged a complaint of sexual harassment or harassment related to a protected belief under section 26 of the Equality Act 2010.
A 10-day hearing was adjourned in February, shortly before the Supreme Court judgment was returned.
The tribunal hearings are due to recommence in Dundee on July 16.
“Tomorrow would be a good answer. It is now three months since the Supreme Court ruling and, this week, the Sandie Peggie tribunal resumes.
“It is atrocious that public bodies are still dragging their feet and describing the question of whether female staff deserve privacy and dignity as complex.
“Parliament makes the law and the highest court in the land has now clarified its meaning.”
She added: “Whether or not we pursue legal action depends entirely on what the Scottish Government does next.”
The Scottish Government has been contacted for further comment.
