Gender row Scotland: Public 'none the wiser' about Police Scotland's gender ruling stance

The comment made at a SPA committee meeting on Tuesday comes amid warnings the force’s stance risked impacting its operational impact and public confidence.

Katharina Kasper said while Police Scotland was working in a “dynamic environment”, she had a “degree of frustration” that after the Supreme Court ruling, its position was still unclear.

Addressing a meeting of the SPA’s policing performance committee, which discussed the ongoing review in relation to sex and gender within Scottish policing, Ms Kasper said: “For a member of the public at this stage looking at this, I don't think anybody is still none the wiser as to whether or not the Supreme Court judgement, which was very, very clear, has been adopted into Police Scotland’s policies

“When it comes to recording the sex or gender of people who come into contact with the police, what is the current policy?”

Asking if there was a “policy vacuum", Ms Kasper, who also chairs the SPA’s complaints and conduct committee, said while she understood the reasons for the process taking time, she had misgivings about the knock-on effects.

“I am concerned about the operational implications on this,” she said. “I’m concerned about the public confidence in Police Scotland because this process has been taking so long, and I’m also concerned about the impact on officers and staff.”

The force's deputy chief constable, Alan Speirs, said last month that Police Scotland planned to bring forward an “extensive and advanced” document to this week’s SPA meeting. But the six page-long document in question does not set out a definitive stance, noting the force was continuing with its ongoing review.

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The report, prepared by Assistant Chief Constable Catriona Paton, states: “It is critical that we take time to consider all relevant legislation, national guidance and stakeholder feedback, to ensure our proposals are well-informed and evidence based. Our aim is to conduct this review carefully and to do it right and in a way which builds trust and confidence across all communities.”

Reflecting on the report, Ms Kasper said she was “a little bit disappointed” by it. She said: “We had been promised a substantial product by DCC Spiers and having read this paper, it is an interim update on all the work that’s been done. But I’m still none the wiser as to the actual substance of the issue.”

Responding to Ms Kasper’s criticisms, Ms Paton stressed “context is everything”, telling her: “I appreciate your comments around the approach we’ve taken and I certainly acknowledge aspects of your frustration around pace.

“I think the Chief [Constable Jo Farrell] also acknowledged the desire for people to move quickly in this space, and the importance to get it right when we do that. Policing is not immune to the reality and the complexity of this, around how our terminology and understanding, as it is related to sex and gender, has changed, has at times been used interchangeably.

“Therefore it’s really important that when we move, and when we have clarity, as we now have from the Supreme Court judgement, that we move towards our systems and process and practice and policy.”