THE Scottish Parliament has refused to release documents behind the decision to ban transgender women from female toilets as it is a “live issue”.
The National lodged a Freedom of Information (FOI) request to the Parliament asking for documents, emails, memos, or other correspondence relating to the decision, or around the Equality and Human Rights Commission (EHRC) guidance.
Holyrood officials released one email sent to parliamentary staff from the senior executive team setting out its position but did not give out any background information.
In its refusal letter, the Scottish Parliament admitted it held the documentation we had requested, but cited several exemptions.
They claimed it would “inhibit substantially the free and frank provision of advice”, that disclosure would “prejudice the effective conduct of public affairs” and that it refers to legal advice, which is exempt.
On May 9, Presiding Officer Alison Johnstone announced that trans women would be barred from using female toilets following the Supreme Court judgment on the definition of a woman and the subsequent EHRC guidance.
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.
We previously told how the Scottish Parliamentary Corporate Body (SPCB) defended the decision in the Holyrood chamber last week.
“While an interim position concerning single sex facilities at the Scottish Parliament has been taken, work is planned to inform further practical changes which may be needed,” it stated.
“As such, this remains a live topic, and parliamentary officials must be able to communicate with each other freely and gather information for the purposes of provision of advice to the SPCB.
“The SPCB agreed to conduct an extensive consultation to inform what further changes may be required to facilities in the medium to longer term.
“This consultation will also take account of the updated EHRC statutory code of practice when it becomes available later this year.
“Disclosure of information in response to a freedom of information request has the effect of releasing information into the public domain.”
The refusal notice also claimed releasing the documents would discourage officials from “engaging freely with each other when gathering information”.
It added that it would not release correspondence or complaints as it was not in the public interest.
“It is important that members of the public feel free to express themselves on the matter they are corresponding about without the fear that their correspondence or our reply will be released into the public domain,” the notice added.
In the one-page document that was released through the FOI, officials told staff in an email dated May 8 that they wanted to “reassure you that we are managing our response at Holyrood with the utmost care and sensitivity”.
“We remain deeply committed to ensuring that all our staff feel supported, and we will continue to uphold our values of respect and inclusiveness as an employer,” they said, before explaining that all staff and visitors were able to use gender neutral facilities on the parliamentary estate.
“In the meantime, directors and I are happy to answer any questions you might have and we encourage all managers at Holyrood to take steps to support their trans and non-binary staff, offering ongoing wellbeing support,” the email concluded.
Last week, Scottish Tory MSP Jackson Carlaw, responding on behalf of the SPCB, 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 the chamber.
And, on Monday, the Westminster Parliament implemented the same ban, after stating they would wait for official guidance to be published.
It came after a transgender barrister was accosted by gender critical activists outside of a women's bathroom on the parliamentary estate.
The EHRC was this week forced to rescind part of its interim guidance amid a legal challenge. Full guidance is expected to be published following a consultation, which is currently underway.
