SCOTLAND’S local authorities will be one of many service providers who will be implementing the UK equalities watchdog’s new guidance on single-sex spaces.
From August 5, the Equality and Human Rights Commission (EHRC) rules apply to the use of toilets and changing rooms, as well as sports teams and other facilities.
It will also be implemented in schools and hospitals, as well as private businesses and other areas of the public sector.
The code bans transgender women from female facilities and transgender men from male facilities, and has been condemned as amounting to “segregation”. It is now facing a legal challenge.
But with local authorities in charge of many of the areas that fall under this code, the Sunday National asked for clarity on if they would implement the code in full or challenge it publicly.
Last week, a group of London councils wrote to Women and Equalities Minister Bridget Phillipson stating that the code introduces a “dangerous lack of clarity” for them as service providers and that it will lead to excluding transgender people from services.
What did we ask?
The Sunday National asked local authorities if they intended to implement the guidance in full or consider any adaptations, and if they had raised any concerns about the potential impact of the code on transgender residents.
We also asked if any internal assessments on how the guidance will affect service provision have been undertaken. The Sunday National asked if any would consider taking a public stance against the guidance as several London borough councils have done.
Not all of Scotland’s 32 local councils responded to our request, but for those that did, here’s what they said.
What did the local councils say?
Aberdeen City
“In light of the Equality and Human Rights Commission's statutory code and the Supreme Court judgment, Aberdeen City Council, like many organisations, has been reviewing its services and facilities to ensure compliance with its legal obligations,” a spokesperson said.
“The Council continues to provide facilities that meet the needs of different users and remains committed to making inclusion central to its policies and practices.”
Aberdeenshire
“The new guidance will be assessed as part of our ongoing service delivery and service design,” a spokesperson for the council said.
Angus
The local authority said it is “still considering the guidance”, claiming it had only been issued on August 5, noting it runs to 324 pages.
"It was published in May, and laid in the UK Parliament for a 40-day scrutiny period before later coming into force. They said they had not raised any concerns publicly or with the Government and were not considering taking a public stance against it," a spokesperson said.
“We are still considering the guidance in relation to any implications for the council and impacts on service provision."
City of Edinburgh
In June, Edinburgh Council agreed to a motion to “condemn” the EHRC guidance as “discriminatory against trans people, unworkable and potentially incompatible with the European Convention on Human Rights”.
The local authority is due to consider a report outlining the implications later this month.
“Ultimately, the Council strives to provide an inclusive workplace and services and recognises that all colleagues and residents should feel safe, respected and fully supported in all areas of life,” a spokesperson said.
“Our next steps will be to conduct a full feasibility study in order to set out the required adaptations to the estate in line with the Equality Act 2010, while continuing to foster a culture of inclusion and understanding.”
Comhairle nan Eilean Siar
The Western Isles local authority said it intends to implement the guidance in full, and did not intend to raise concerns or formally respond over the code.
“Internal discussions have taken place and decisions taken on the provision of toilet spaces,” a spokesperson added.
Dumfries and Galloway
A spokesperson for the local authority said it was currently reviewing the implications of the EHRC code “across relevant services”.
“This work is under way and will inform any consideration of changes to policy or service provision,” a spokesperson added. “As that assessment is ongoing, we are not commenting further on the specific points raised at this stage."
East Ayrshire
The local authority said it would be reviewing “all policies” following the implementation of the code, and will have “due regard to the guidance” and relevant case law.
“At this stage it is too early to comment on the review, other than to confirm the council's continuing commitment to treating every person with dignity and respect, whilst maintaining compliance with our legal responsibilities to all,” a spokesperson said.
East Dunbartonshire
The local council said it had not raised any concerns over the guidance, and said that any changes to legislation or guidance “require us to explore how service provision is impacted”.
“All primary and secondary schools in East Dunbartonshire have a mix of female and male toilets, with accessible toilets offered to pupils who require this facility,” a spokesperson added.
East Lothian
“We are currently considering the implications of the updated guidance across services and facilities,” a spokesperson for the council said.
“As part of this process, we are reviewing existing arrangements to understand whether any changes may be required to ensure compliance with relevant legal obligations. No decisions have yet been taken regarding any wider changes or local adaptations.”
They added that the council has not made any “formal representations on the matter”, but would remain committed to meeting legal obligations while “supporting the dignity, safety and inclusion of all residents who use council services and facilities”.
Falkirk
"We are considering the updated guidance and taking time to fully understand it,” a spokesperson for the local authority said.
“We are fully aware of the Supreme Court judgement that underlies the update to the guidance and are confident that we fully comply with our legal duties."
Fife
The local authority said it would implement the guidance in full, and that it had not raised concerns publicly or with the Government. Fife Council added that there was “currently no indication of affecting service provision” but it will “continue to monitor use of single-sex facilities and toilet provision”.
Inverclyde
Officials said a short-life working group of council officers had been established to “review the council’s policies and practices in light of the [EHRC] guidance, as appropriate”. They said they had not raised any concerns with Government, and would consider if any internal assessments are required in future.
Midlothian
The local authority said that it was waiting for feedback from the Scottish Government before it would decide to implement the guidance in full, and that initial review and assessment have taken place, but no “formal” process.
When we asked the Scottish Government about this, and if any guidance was due to be issued, a spokesperson said: “It remains the responsibility of employers, service providers and public bodies to interpret and comply with their legal obligations under the [Equality] Act.”
Moray
“The vast majority of Moray Council facilities meet the requirement for sex-based provision with a gender-neutral alternative,” a spokesperson said.
“However, we’re currently reviewing facilities in each building following a recent court decision and the EHRC guidance to ensure appropriate provision is made and will consider if any adaptations are required. We don’t believe there will be any disruption to service provision while this takes place.”
North Lanarkshire
“We are currently reviewing the new guidance from the Equality and Human Rights Commission,” a spokesperson said. “We will update our policies, procedures and services as required.”
Renfrewshire
The local authority said it would implement the guidance “where it was able to do so”. While it had not raised any concerns, the council will “continue to ensure our application of the guidance carefully considers how best to protect the rights and wellbeing of our trans residents” and the impact is being kept under review.
South Ayrshire
“The Council is currently reviewing the guidance and considering any implications for relevant services and facilities,” a spokesperson said.
“We recognise the importance of this issue and in compliance with the Equality Act 2010, we are committed to ensuring that our services are delivered in a way which is lawful, fair, respectful and inclusive for all members of our communities.
"As a local authority, we strive to make sure that relevant equality considerations are taken into account as part of any review process.”
Stirling
“Stirling Council will comply with the law and is reviewing its practice to ensure compliance,” a spokesperson said.
Argyll and Bute, Clackmannanshire, Dundee City, Glasgow, Highland, North Ayrshire, Perth and Kinross, Scottish Borders, Shetland, South Lanarkshire, West Dunbartonshire and West Lothian did not respond to our request for comment.
