A MINISTER is due to address MSPs on the Scottish Government’s response to the Supreme Court ruling on the definition of a woman under equalities law.
Social Justice Secretary Shirley-Anne Somerville is expected to give a statement on the issue in the Scottish Parliament on Tuesday as MSPs return from recess.
Last week, the Scottish Government lost a high-profile case at the UK Supreme Court to campaign group For Women Scotland.
The judges ruled on Wednesday the terms “woman” and “sex” in the Equality Act 2010 “refer to a biological woman and biological sex”.
The First Minister has said he accepts the ruling and that protecting the rights of “everybody” will inform the Government’s response.
Health Secretary Neil Gray is also expected to meet the Equality and Human Rights Commission (EHRC) this week as the Government is urged to issue fresh guidance to public bodies on single-sex spaces.
They will discuss existing guidance on single-sex spaces within the NHS and reports of a forthcoming “guide to transitioning” document.
SNP ministers have said they are willing to work with the EHRC and UK ministers on developing guidance in light of the Supreme Court ruling.
Ahead of Tuesday’s statement, the Scottish Conservatives reiterated their call for SNP ministers to drop gender reforms “for good”.
Holyrood passed the Gender Recognition Reform (Scotland) Bill in 2023, which aimed to make it easier for people to change their legally-recognised gender.
However, the previous Conservative UK government stepped in to halt the legislation before it became law.
Conservative MSP Tess White said: “Last week’s Supreme Court ruling could not have been clearer on the definition of a woman and was a humiliating defeat for the SNP’s gender agenda.
“The SNP Government must use their response to tell Parliament that they are ditching their divisive gender self-ID policies for good.
“Too much taxpayers’ time and money has been spent by the SNP on pushing these policies which have also become embedded in Scotland’s public institutions on their watch.”
Scottish Labour leader Anas Sarwar has said SNP ministers must publish guidance for public bodies on single-sex spaces.
He said last week: “The most urgent thing that John Swinney and this SNP Government has to do is issue clear guidance that ensures that all our public services and public bodies are complying with the Equality Act, and upholding people’s rights.”
A Scottish Government spokesperson said: “The Supreme Court judgment has given clarity between two pieces of legislation passed at Westminster and we have accepted this in full.
“Scottish ministers have now written to the UK Government to seek an urgent meeting to discuss the implications of the judgment, and the Social Justice Secretary will give a statement to the Scottish Parliament this week on the judgment, subject to Parliamentary approval. Ministers will also meet with the EHRC this week.
“The Scottish Government acted in good faith in our interpretation of both the Gender Recognition Act 2004 and the Equality Act 2010; and our approach was guided by the published guidance of the EHRC.
“The Supreme Court judgment explicitly references that this stance was consistent with EHRC advice and we note that that the EHRC are now reviewing their guidance to reflect the ruling.
“We will continue to engage with the EHRC and other stakeholders, and are fully committed to protecting everyone’s rights and ensuring that Scotland remains an inclusive country.”
