SNP faces 'strong opposition' to law change on gender neutral school toilets as consultation looms

The SNP administration confirmed to The Scotsman that it intends to “refresh and modernise” a law dating back to 1967, which contains a requirement that half of the toilets in a school be for boys and the other half for girls.

Despite the existing rules, many recently-built or refurbished schools in Scotland now contain gender neutral toilets.

Women’s rights campaigners said last night they would fight any attempt to change the law to permit mixed-sex toilets.

In 2017, the Scottish Government previously consulted on updating the School Premises (General Requirements and Standards) (Scotland) Regulations 1967.

The law sets out minimum numbers of toilets and wash basins that should be provided depending on the school roll, and suggests at least two-thirds of toilets for boys should be urinals.

As well as toilets, it also contains rules relating to other parts of schools, such as playing fields, recreational areas and acoustic conditions, which could now be amended.

In the original consultation document, written when John Swinney was education secretary, it said: “Currently the regulation states that half the accommodation shall be for boys and the other half for girls and does not refer to unisex toilets.

“Flexibility should be permitted within this regulation to allow the provision of separate toilet facilities for boys and girls except where they are provided for use by one pupil at a time. Urinals in these circumstances may no longer be necessary and therefore the provision of urinals should be optional if replaced with a toilet.”

It asked if consultees agreed, and in 2018 an executive summary of the consultation suggested there was backing for updating the law relating to toilets.

“The additional consideration given to children and young people not identifying with their biological gender was broadly welcomed, as was the potential provision of gender neutral toilet and washing facilities,” it said. “The need for gender specific facilities was an area of continuing debate.

“All respondents agreed that the proposals would have no detrimental effect on those with protected characteristics, and indeed went some way in supporting greater equality and inclusion.”

The time since the last consultation has now elapsed and the Government now plans to relaunch it.

A Scottish Government spokesperson said: “The Scottish Government intends to refresh and modernise these regulations to ensure they meet the needs of pupils and schools in Scotland today.

“We are now taking this work forward and will open a consultation later this year.”

Last year, a survey of 243 secondaries found only 13 complied with the legal obligation to provide adequate numbers of single-sex facilities. One in 20 schools which responded to the questions provided mixed-sex only toilets.

The survey was carried out by the For Women Scotland (FWS) campaign group, which is concerned about the impact of transgender rights on women's rights.

Trina Budge, director of FWS, said the rise of mixed-sex toilets in schools has had a “devastating impact on pupils' privacy, dignity and safety”.

She said: “Rather than take steps to fix this mess and require schools to comply with the current law, it seems the Scottish Government may be looking to change the law to permit mixed-sex toilets and thus retrospectively justify the breaches they have allowed to happen.

“If so, they can expect strong opposition from our organisation and the many families who currently have complaints ongoing with schools about the unsuitability of mixed-sex toilets.”

Roz McCall, Conservative children and young people spokesperson, said: “Any plans to introduce gender neutral toilets must never come at expense of providing young people with the safe spaces they deserve.

“Recent incidents in schools have shown that it is just common sense every child should have access to single-sex toilets in Scotland’s schools. We will carefully scrutinise any plans and ensure that robust measures are in place to protect the safety of young girls.”

Karen Adam, convener of Holyrood’s equalities committee, has written to Education Secretary Jenny Gilruth about the consultation.

In the letter, she said: “We would be very grateful if you could let us know about your plans for this consultation, including your timescales for doing so and how you intend to consult.

“We would also welcome any specific information you can provide on how this review will consider the general requirements and standards insofar as the provision of toilet facilities in secondary schools are concerned.”