Trans women to be banned from Scottish Parliament's female toilets after Supreme Court ruling

Presiding Officer Alison Johnstone has written to all parliamentary staff to say Holyrood’s toilets will be based on biological sex only from Monday following the Supreme Court’s verdict.

The Supreme Court ruled the terms “woman” and “sex” in the Equality Act 2010 refers to biological sex, and the Scottish Government’s guidance suggesting trans women can be classed as women for some pieces of legislation was “incorrect”.

The Equality and Human Rights Commission has since issued interim guidance saying single-sex spaces should be based on biological sex rather than gender identity.

Three existing toilets in the Parliament’s public area will now be designated as gender-neutral. An existing shower and changing facility in an area of the building that is not accessible to the public will also become gender-neutral.

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A consultation with staff will also be carried out to consider further changes “in the medium to longer term”.

Ms Johnstone said: “As Scotland’s legislature, it is vital that the Parliament fulfils its legal responsibilities. Our officials therefore took immediate steps following the publication of the judgement to review it in detail and to consider its implications for services and facilities at Holyrood.

READ MORE: Nicola Sturgeon says trans lives could be 'almost unliveable' as she breaks silence on Supreme Court ruling

“Parliament already has a good range of facilities across the campus and the changes we will make sure we are inclusive of the needs of all those who work here and visit.”

Under 1 per cent of the Parliament’s 600-strong staff are trans.

The announcement has been welcomed by Tess White, the Scottish Conservatives’ equalities spokeswoman, who says the “timely response” will “protect women’s legal right to access single-sex spaces”.

She said: “If the Scottish Parliament can respond to the Supreme Court judgement so swiftly, there is no excuse for John Swinney to keep dragging his heels. He must instruct all public bodies to uphold the law immediately instead of pandering to gender extremists.”

Scottish Trans and the Equality Network has since written to the Scottish Parliamentary Corporate Body saying the move will “segregate trans people in the heart of Scotland’s democracy”.

They say the decision to ban trans people from single-sex toilets is “rushed” and “unworkable”.

In their letter, they brand the interim guidance from the Equality and Human Rights Commission as being of “no statutory basis” and “issued with no outside consultation”, adding the Scottish Parliamentary Body should have “taken more time” in drawing up a policy.

They said: “This will make trans people using gender-neutral toilets hyper-visible, causing fear, anxiety and discomfort.

“It will likely out trans people to colleagues and to other visitors.”

The letter says the policy will “make trans people feel significantly less welcome at parliament”, and said: “If banning trans women from women’s toilets and trans men from men’s toilets turns out to be a genuine requirement of the recent Supreme Court judgement once the statutory code of practice is in place, then we do not expect parliament to ignore or to flout the law.

“But we do expect parliamentarians to be honest and to show leadership when laws are clearly unjust, and cause harm to groups of people.

“We cannot understand why this decision has been described as one that will bring ‘confidence, privacy and dignity’ to everyone.

“It will not do so for trans people. It will exclude us and segregate us in the heart of Scotland’s democracy.”