Seventeen MSPs sign letter opposing single-sex toilet rule change

Seventeen MSPs and several staff members have signed a letter opposing the imposition of new rules in the Scottish Parliament on the use of toilets.

Holyrood’s corporate body (SPCB) made changes to the provision of toilets in the building this month following the Supreme Court’s ruling on the definition of ‘sex’ in the Equality Act.

It means those working in the building would only be able to use the toilets matching their biological sex, preventing trans people from using the facilities which match their acquired gender.

Three toilets in the public area of the building have been designated as gender-neutral in a bid to alleviate concerns.

Writing to all MSPs and staff who work at Holyrood at the start of May, Presiding Officer Alison Johnstone, chair of the SPCB, said this interim response would provide “clarity” and ensure “confidence, privacy and dignity” for all.

But an open letter organised by the Good Law Project has dubbed the new rules “transphobic”, going on to warn its application would be “deeply invasive” and risks opening people up to “humiliation, harassment or worse”.

The letter has so far been signed by six SNP MSPs, seven Green MSPs, two Labour MSPs and two Liberal Democrats.

SNP depute leader Keith Brown, Scottish Green co-leaders Lorna Slater and Patrick Harvie, and Scottish Lib Dem leader Alex Cole-Hamilton are among them.

A further 30 staff members, from the SNP and the Greens, have also signed the letter.

Addressed to the presiding officer, it expresses “deep concern and profound disappointment” about the changes.

It raises questions about enforcement in particular, asking “what steps have you, as an organisation, taken to prepare for a situation where individuals may be challenged, questioned or policed while trying to access basic facilities?”

It adds: “This decision affects real people, not abstract categories. We strongly urge the SPCB to engage directly with the trans community, all parliamentary staff, MSPs and those employed by the corporate body to conduct a full and transparent equality impact assessment, and to clarify exactly how it intends to uphold the protections against discrimination that this ruling potentially exacerbates.”

The UK Houses of Parliament has resisted calls to make a similar change to its policies. A spokesperson said the Commons would wait for guidance from the Equality and Human Rights Commission (EHRC) before making any decisions.

The EHRC is the statutory regulator which enforces the Equality Act and is currently in the process of consulting on fresh guidance over the provision of single-sex spaces.

The consultation to update the code of practice closes at the end of next month and the fresh guidance is due to be published later this summer. It will then be voted on by MPs.

An interim update published in the wake of the Supreme Court ruling has created confusion, as it states both that trans people “should not be permitted” to use facilities of their acquired gender and that “in some circumstances” trans people could also be prevented from using facilities which match their biological sex.