FIRST Minister John Swinney has taken aim at Russell Findlay for the Scottish Tory leader's single-sex spaces rhetoric, branding it a "parade in front of Nigel Farage".
Following on from a high-profile employment tribunal brought by nurse Sandie Peggie, who took the Fife Health Board and Dr Beth Upton to tribunal after being suspended following an incident in 2023 in the female changing rooms, Scottish Conservative leader Findlay questioned the First Minister on Thursday whether he agreed "every woman in Scotland is entitled" to sharing their concerns about "a man using a woman's changing room".
Last week the tribunal heard the health board’s equality and diversity department had advised that it was a transgender doctor’s right to use a female changing room.
Peggie’s employment tribunal is due to resume in July, and so Swinney raised concerns at FMQs that comments made in Parliament could potentially prejudice the proceedings.
He further argued that decisions must be made on a "case-by-case basis", as the Equality Act 2010 states.
Findlay then argued a webpage presenting guidance on single-sex spaces in the NHS and the protections given had been deleted.
He asked whether the First Minister was scrapping the advice.
Swinney responded: "I don't think it's good enough for Russell Findlay to say that I've selectively expressed the basis of the position that I take that I cannot comment on live legal proceedings, because the law requires me not to do so.
"And if Russell Findlay cannot respect that, and accept that, I think the Conservative Party is in a pretty dismal place if that is their position today."
He added: "I come back to the point that I made in the first answer, that the guidance - and I'm reading the guidance that Mr Findlay is talking about - 'the Equality Act 2010 does allow the provision to exclude a trans person from single or separate-sex facilities. These kinds of decisions must be made on a case-by-case basis. Managers must balance the needs of the trans person to use this facility against the needs of other members of staff.
"'They should also consider if other staff members will experience any disadvantage if the trans person is allowed to use the facilities'.
"Now that's the second time I've put that on the record, openly and candidly, to Parliament. Mr Findlay should now start to adjust his questions because I've answered the point he's put to me."
Findlay said he would "repeat his point" for the third time, arguing that "Scotland's public services waste to much time, energy and money on this nonsense".
Swinney responded by laying out the significance of the UK-wide Equality Act and the provisions which allow for single-sex services, and questioned why Findlay would keep "pursuing the line of argument which is about sowing division in our society when the legal position is absolutely clear".
Findlay accused Swinney of "being in complete denial".
Swinney responded: "I'm in office to improve the lives of the people of Scotland by making sure that we eradicate child poverty, by making sure that we grow the economy, by making sure we make the transition to net zero, and make sure that we strengthen the public services of Scotland.
"We've got a Budget before this parliament next Tuesday that will turn this into effect.
"The people who are standing in the way of that budget being approved to improve the lives of the people of Scotland.
"The people that are standing in the way of that budget being approved, the people that are not interested in improving the lives of the people of Scotland, are the Conservative Party a as they parade in front of Nigel Farage, who support their courting in Scotland today."
Speaking to journalists after FMQs, Swinney was asked about comments from Deputy First Minister Kate Forbes, who has said she “unequivocally” backs the protection of single-sex spaces.
He said: “I support the law which provides for that – the Equality Act 2010,” adding he is “saying the same thing” as Forbes.
