Gender Recognition Reform: Women’s groups call for clarity following Nicola Sturgeon comments

‘WOMEN ARE STILL WATCHING’

Statement on our letter of 22 December to Nicola Sturgeon MSP.

The text of the letter can be read here:

22 December 2024

Dear Ms Sturgeon

We are groups based in Scotland concerned about threats to women’s rights, as protected in domestic and international law. This time two years ago, many of us were sitting in the public gallery of the Scottish Parliament as MSPs voted for the Gender Recognition Reform (Scotland) Bill.

In the run up to this, we engaged extensively and seriously with the government’s proposals to move to a system of self-declaration for gender recognition. We submitted detailed written evidence to the Scottish Government consultation. We also provided written and/or oral evidence to the parliamentary committee tasked with scrutinising the bill at Stage One.

Most of us wrote to and met with our MSPs in the months and years before the bill was introduced, and encouraged and assisted other women to do so. We undertook detailed work and analysis on the government’s proposals, highlighting the risks to women and girls. We organised meetings, street stalls and rallies with hundreds of other Scottish women, or attended those. In fact, this issue attracted some of the largest rallies that have ever been seen outside the Scottish Parliament in 25 years of devolution. Our campaigning efforts were widely covered in the Scottish press.

It was clear that getting the bill passed was a personal priority for you.

We watched as you dismissed concerns raised by women like us as ‘not valid’, comparing objectors to your proposals to racists and homophobes.

In the last week, you are reported to have said:

There are people who have muscled their way into that debate no doubt because they are transphobic but also because they want to push back rights generally.” (Diva, 16 December 2024)

There were forces that muscled into that debate who, I think, you know, had a bigger agenda in terms of rights more generally.” (The Guardian, 16 December 2024)

You are not the first politician to make such a claim. However, your prominence as Scotland’s longest serving first minister, and its first female first minister, mean that your comments carry weight. You have also intimated that you intend to write about this episode in your forthcoming autobiography.

If you believe that there are groups or individuals with an agenda to ‘push back rights generally’ who are ‘muscling in’ on Scottish politics, you have a duty to state who or what you believe they are, and how you believe they are operating in Scotland, as precisely as possible. Then, the influence of any such groups or individuals can be properly investigated and challenged, as necessary.

As it stands, regardless of your intentions, a person might reasonably believe you are referring to those groups or individuals who played a leading part in criticising the Scottish Government’s proposals.

We therefore invite you to move away from dropping broad hints of potential wide application, and to take the more responsible step of making clear who you do, and do not, mean in the comments above, and to put the evidence on which your comments are based into the public domain without delay.

Yours,


For Women Scotland
MurrayBlackburnMackenzie
Scottish Feminist Network
Scottish Lesbians
Women’s Rights Network Scotland
Women Voting With Our Feet
Women Won’t Wheesht

@ForWomenScot

@Scot_Feminists

@ScotLesbians

@VoteWithOurFeet

@WRNScotland

@WWWheesht

Equality regulator informs Scottish Government and NHS Fife regarding staff access to single sex facilities

The Equality and Human Rights Commission has written to the Cabinet Secretary for Health and Social Care and NHS Fife, regarding access to single-sex changing facilities for NHS staff.

Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said: “As Britain’s equality regulator, we promote and enforce compliance with the Equality Act 2010.

“Health bodies in Scotland, England and Wales must have an accurate understanding of the operation of the Equality Act as it relates to the provision of single-sex services and spaces.

“Today we reminded NHS Fife of their obligation to protect individuals from discrimination and harassment on the basis of protected characteristics, including sex, religion or belief and gender reassignment.

“Under the Public Sector Equality Duty, all Scottish health boards must assess how their policies and practices affect people with protected characteristics. We have requested that NHS Fife provide us with a copy of any equality impact assessment relating to the provision of changing facilities for staff; any information relevant to how such policies have been kept under review; and any details on steps taken to ensure that the rights of different groups are balanced in the application of these policies.

“We also highlighted that the Workplace (Health, Safety and Welfare) Regulations 1992 state that changing facilities will not be suitable “unless they include separate facilities for, or separate use of facilities by, men and women where necessary for reasons of propriety”.

The Health and Safety Executive have an Approved Code of Practice and guidance that NHS Boards can refer to.

“This week media reported on NHS Scotland’s forthcoming Guide to Transitioning, which the Scottish Government confirmed has been shared with health boards in preparation for its implementation. It is important that this guide, and all guidance, policies and practices which rely on it, faithfully reflect and comply with the Equality Act 2010. 

“We have asked to meet with the Cabinet Secretary to discuss the Scottish Government’s role in ensuring that NHS Scotland and other bodies meet their legal obligations under the Equality Act.”