Scottish Government should follow law on single-sex spaces, Starmer says

The Prime Minister has said the Scottish Government “should follow the law” on single-sex spaces, amid a high-profile tribunal surrounding a trans doctor using a female changing room.

Sir Keir Starmer said he supported “safe spaces for women” and the Equality Act, which protects workers from discrimination.

Following his speech at the Scottish Labour Party conference in Glasgow, Sir Keir was asked about the ongoing tribunal against NHS Fife and whether he would clarify the law around the definition of a woman.

The tribunal was brought against the health board by nurse Sandie Peggie, following her suspension after she had complained about sharing a changing room with a trans doctor.

Asked about the tribunal, he said: “Look, I’m aware of the case. I’m not going to pretend I’m across all the details.

“I’ve been very focused, as you will probably have seen, on the question in Ukraine and the question in Grangemouth.

“But I’m aware of it but I don’t know every twist and turn in the case.

“I do believe in the Government’s support in safe spaces for women and the Equality Act and I think the Government should follow the law.

“I think that’s straightforward.”

First Minister John Swinney has repeatedly refused to comment on the issue, saying to do so could mean breaking the law because it is a live case.

However, he has said he agrees with his deputy Kate Forbes, who offered her “unequivocal” support for single-sex spaces.

The SNP leader has also said the Equality Act allows for trans people to be excluded from single or separate-sex facilities, adding these decisions should be “made on a case-by-case basis” and that managers must “balance the needs of the trans person” to use such a facility “against the needs of other members of staff”.

The Scottish Government has been urged to clarify whether it thinks single-sex spaces for women include trans women or only those who are biologically female.

The UK Supreme Court is yet to announce its ruling on the definition of a woman, after concerns about single-sex spaces by the campaign group For Women Scotland.

Judges will decide whether trans women can legally be regarded as women under the Equality Act.

A spokesperson for the Scottish Government said: “The Scottish Government expects all relevant organisations to comply with the requirements of the Equality Act 2010.

“As employers, organisations may need to consider the impact of other legislation, such as the requirements of the law on health and safety in workplaces.

“The Scottish Government supports the separate and single-sex exceptions in the Equality Act 2010, which can allow for trans people to be excluded when this is a proportionate means of achieving a legitimate aim.”