A decision by Holyrood bosses to ban trans people from using the toilets of their preferred gender at the Parliament will leave them excluded at the “heart of Scotland’s democracy”, equalities campaigners have warned.
The Scottish Trans and Equality Network hit out after the Scottish Parliamentary Corporate Body – which makes decisions on the accommodation at Holyrood – announced the permitted use of “all facilities designated as male or female” will be based on “biological sex”.
It comes in the wake of the recent landmark Supreme Court ruling which made clear the terms “woman” and “sex'” in the 2010 Equality Act “refer to a biological woman and biological sex”.
An update from the Equality and Human Rights Commission issued afterwards stated that in workplaces which are open to the public, trans people should not be permitted to use facilities which correspond with their identified gender.
Holyrood Presiding Officer Alison Johnstone said: “As Scotland’s legislature, it is vital that the Parliament fulfils its legal responsibilities.
“Our officials therefore took immediate steps following the publication of the judgment to review it in detail and to consider its implications for services and facilities at Holyrood.”
In an email sent to those working at Holyrood, she said that from Monday May 12 the Parliament would “provide male-only and female-only facilities as well as gender-neutral and accessible facilities”.
Ms Johnstone added: “We believe it is important to take these interim steps now not only to ensure we fulfil our legal responsibilities, but to give clarity to all those using the building.
“Such clarity is an important element in offering all individuals confidence, privacy and dignity when using our facilities.
“Everyone working in, or visiting, Holyrood should feel welcome in the building and be confident there is a suitable facility for them.”
But the Scottish Trans and Equality Network branded the move “rushed, unworkable and exclusionary”.
Scottish Trans manager Vic Valentine said: “If banning trans women from women’s toilets and trans men from men’s toilets turns out to be a genuine requirement of the recent Supreme Court judgment once the statutory code of practice is in place, then we do not expect Parliament to ignore or to flout the law.
“But we do expect parliamentarians to be honest and to show leadership when laws are clearly unjust, and cause harm to groups of people.
“We cannot understand why this decision has been described as one that will bring ‘confidence, privacy and dignity’ to everyone.
“It will not do so for trans people. It will exclude us and segregate us in the heart of Scotland’s democracy.”
A Scottish Parliament spokesperson said: “Holyrood provides a wide range of facilities so that it is an inclusive and welcoming space for all.
“The Supreme Court’s ruling had an immediate effect in law and after careful consideration the SPCB announced interim steps to ensure it fulfils its legal responsibilities.
“This included taking into account EHRC’s interim update to organisations.”
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