SNP MSP Michelle Thomson: I’m ashamed of my government on women’s rights

SNP MSP Michelle Thomson has told women she is “ashamed” of her government’s failure to fully implement the decision of the Supreme Court on single-sex spaces.

Thomson was among MSPs speaking at a rally outside the Scottish Parliament which sought to bring pressure on the government following the court’s ruling and guidance published by the Equality and Human Rights Commission.

Campaigners For Women Scotland won a landmark legal challenge in the UK court over the meaning of ‘sex’ in the Equality Act.

The verdict posed major questions for government policy and service provision and countermanded practices which treated transgender people as members of the opposite sex.

The Scottish Government said it accepted the court’s ruling, which was made in April. In a separate case that month, a judge said schools must provide single-sex toilets for pupils.

But there have been delays to the production of new guidelines for service providers including schools.

Today supporters of the court ruling protested outside parliament calling on the Scottish Government to act now.

Thomson said she felt “shame” over the government’s position.

She said: “I'm here as an SNP MSP, and I've been right here from the start. I am ashamed that my government has so far failed to accede to the win in the Supreme Court.

“I'm also ashamed that too many politicians, even knowing that they were on the wrong side of the law and on the wrong side of people's rights, were too afraid of wrong-think and speaking up.”

At First Minister's Questions, John Swinney faced accusations that he is “deliberately ignoring the rule of law” over delays to the implementation of the Supreme Court’s ruling.

Conservative MSP Tess White, who wore a T-shirt bearing the word “woman”, accused Swinney of “deliberately ignoring the rule of law”.

She said: “It's been months since the Supreme Court judgment and the Court of Session decision on single-sex toilets in schools. Children have gone back to school now and teachers, some of whom are here today in the gallery, are still being told to follow the SNP government's unlawful support for transgender pupils in schools guidance, fearful for their jobs if they do not.”

Swinney told White, who is to stand down next year, that his government is “taking forward detailed work that is necessary as a consequence” of the judgment, and a working group convened by Permanent Secretary Joe Griffin is “actively considering the implications of the judgment across every key area of government”.

Swinney said: “As a result of this work, action has already been taken, including updated guidance for the Gender Representation on Public Boards (Scotland) Act 2018 and amendments to the public appointments recruitment process for regulated public bodies through which the act is applied.

“Through joint working with Police Scotland, we will publicly consult on the stop and search code of practice before the end of this year. So action has been taken. We also continue to engage with the Equality and Human Rights Commission while we await their code of practice, which I understand is yet to be submitted to the United Kingdom government.”

Alba MSP Ash Regan said the Supreme Court was “absolutely clear” that “sex, in law, means biological sex and single-sex provisions must be respected”.

However, she said there is “confusion across all our public bodies, from schools to prisons to the NHS and local authorities”, asking Swinney: “If government lawyers are not there to advise ministers to follow the law, what exactly are they there for?”

Swinney responded: “We're committed to ensuring that the supporting transgender young people in schools guidance is fit for purpose, and as with any significant legal or policy developments we are considering what developments are required in the guidance to ensure that all aspects of that analysis are taken forward.”

SNP MSP Christine Grahame later asked Presiding Officer Alison Johnstone if White’s “slogan” T-shirt was within the rules. She said the parliament’s governing corporate body had mandated against visible slogans in the public gallery, and questioned the propriety of such attire by MSPs in the run up to an election.

Johnstone said existing codes do not cover the matter and all members should present themselves “in a trusted and respectful manner”.