Scotland’s First Minister doubles down on support for men in women’s spaces

John Swinney has reiterated his support for allowing men who identify as women to use women’s toilets and changing rooms.

Scottish Government guidance states that its employees may “use the facilities they feel most comfortable with”, without any need to have legally changed sex.

The statement from Scotland’s First Minister comes amid controversy over an Employment Tribunal in Scotland where nurse Sandie Peggie, with 30 years’ experience, was reprimanded, investigated, and suspended for objecting to sharing a female changing room with Dr Upton, a man who purports to be a woman.

Single sex spaces

In an interview following his appointment as First Minister last year, Swinney stated: “I believe a woman is an adult female born as a woman, and I also accept that transgender women are defined as women.”

He repeated the sentiment in a recent press conference when asked whether he considered men identifying as women to be women, saying: “I accept that to be the case.”

The First Minister was then questioned on the controversial policy, and said: “I support the guidance that’s available but it’s underpinned also by the need to ensure that any such question does not come at the disadvantage of other members of staff.”

While admitting that “the law is quite clear that there must be single sex spaces available within our estate”, he referenced exceptions in the Equality Act 2010, which he interprets as allowing gender-confused people to access them.

‘Unlawful discrimination’

Dr Lucy Hunter-Blackburn, former senior civil servant in the Scottish Government and member of the Murray Blackburn Mackenzie policy collective, said: “The First Minister’s script here simply doesn’t stand up.

a clear breach of the Workplace Regulations 1992

“His lines on the rule of law ignore the straightforward requirement under health and safety regulations that the Scottish Government should provide its staff with separate-sex facilities, and a court finding against his own government three years ago, that self-ID is not the law.”

Dr Michael Foran from the University of Glasgow’s Law School said: “If Scottish Government guidance is people should use whichever single-sex facilities ‘they feel most comfortable with’, that is a clear breach of the Workplace Regulations 1992”.

He added: “not providing separate-sex changing, showering, and sanitary facilities to and separate use of those facilities by men & women is highly likely to be unlawful sex discrimination contrary to the Equality Act 2010”.

Ignoring women’s rights

Scottish Tory Deputy Leader Rachael Hamilton said: “Women and girls will be dismayed that John Swinney continues to ignore their rights and safety by remaining wedded to Nicola Sturgeon’s reckless self-ID policy.

“His insistence that trans women are women totally undermines his follow-up claim that this shouldn’t come at the disadvantage of other groups.”

She added: “Gender self-ID, by its very definition, comes at the expense of the right of biological females to access single-sex spaces – and the First Minister knows it.”

Women’s rights group For Women Scotland posted on X: “If transwomen are women, John Swinney, how do you protect women only space? This is nonsense!”

Called to account

Writing to NHS Fife over Sandy Peggie’s tribunal, the Equality and Human Rights Commission stated: “We would like to remind you of your obligations under the Equality Act 2010. The Act protects individuals from discrimination and harassment on the basis of a protected characteristic, including sex, religion or belief, and gender reassignment.”

The letter reminded the employer of its duty to assess new or revised policies or practices which must “consider relevant evidence relating to persons who share a relevant protected characteristic” and that this assessment must be published.

It stated, “We have been unable to find this information on the NHS Fife website”, and demanded that the documents be produced.