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New sex-based rights guidance on way, says Swinney

PA Media John Swinney speaking at first minister's question about the gender identity issue PA Media
John Swinney said he accepted the Supreme Court's ruling on sex-based rights but declined calls to apologise for his government's handling of the issue

The Scottish government will issue "timely guidance" on the issue of single-sex spaces following the Supreme Court gender ruling, John Swinney has said.

The first minister said new sex-based rights guidance is being developed after the Supreme Court ruled that biological sex defines a woman for the purposes of the Equality Act.

But a meeting between Scottish ministers and the Equalities and Human Rights Commission to discuss drawing up new guidance has been postponed.

Scottish Tory leader Russell Findlay urged the first minister to "end the era of divisive gender politics" in the wake of the landmark court ruling.

EPA Women hold flags and signs saying "women are adult human females" in an outdoor demonstration.EPA
Campaigners gathered outside the Supreme Court to hear the verdict

The UK's highest court last week ruled the definition of a woman in the 2010 Equality Act is based on biology in a move that will have major implications for single-sex spaces and services such as public toilets and changing rooms.

It means means transgender women with a gender recognition certificate (GRC) can be excluded from single-sex spaces for women if "proportionate".

At First Minister's Questions, Swinney was pressed on what the Scottish government is doing about last week's ruling - it had previously argued in court that transgender people with a GRC are entitled to the same sex-based protections as biological women.

The first minister said: "We are considering the details of the Supreme Court judgment, taking the necessary advice from the Equalities and Human Rights Commission about the application of that advice, and that will have a bearing on the judgments that are made in relation to public services and I would expect... all public bodies to operate on that basis and within the law."

A meeting between Scottish ministers and the Equalities and Human Rights Commission (EHRC) - the body tasked with providing guidance on how equalities law in enacted in practice - scheduled for later has been postponed.

This is because the commission does not want to meet Scottish ministers before they have met UK government ministers.

However the EHRC urged bodies to act on the Supreme Court, ruling rather than wait for them to produce revised code of practice.

PA Media Protestors holding signs up at a rally to show support for the trans community and express anger at the Supreme Court - the placards read "no feminism without trans women" and "lesbians love trans women".PA Media
Protestors gathered in Edinburgh and across Scotland at the weekend to express disappointment with the Supreme Court ruling

Protests were held at the weekend by pro-trans campaigners, with Swinney saying he understood why the trans community would feel "uncertain and anxious" over the court ruling.

Reflecting on the ruling, Russell Findlay said: "Common sense and a basic respect for biological truth, have now prevailed thanks to the incredible Scottish women who would not wheesht.

"Will John Swinney finally apologise to the women of Scotland?"

Swinney replied: "The Scottish government accepts the judgement of the Supreme Court."

Later in the exchanges, former Conservative leader Douglas Ross asked Swinney to answer a "straightforward" question: "Does he believe that trans women are women?"

The first minister replied that the Scottish government "accepts the judgement of the Supreme Court that a woman in the Equality Act 2010 is defined by biological sex".