Welsh Government ‘disobeying Supreme Court trans ruling'
A human resources document for the devolved administration on 'trans inclusion' continues to claim 'trans women are women'.
That is despite the country's highest court ruling in April that transgender women are not legally women.
The Supreme Court ruled that the word 'sex' in the Equality Act refers only to biological sex, not to a person's gender identity.
But in the document, the Welsh Government said: 'The Welsh government's policy position is that trans women are women, trans men are men, and non-binary identities are valid.
'As an employer, the Welsh government civil service aims to be an inclusive and diverse workplace where everyone feels able to be their true selves.'
The document, which was published before the judgment but remains in use, was branded 'clearly unlawful' by gender-critical campaigners.
Cathy Larkman, lead for the Women's Rights Network in Wales, told The Telegraph: 'We are aware of this clearly unlawful policy, which reflects the long-held and deeply entrenched position of Welsh Government.
'We have long pointed out to them that their ideological approach has harmful impacts on the rights of women and girls in Wales.'
Darren Millar, leader of the Welsh Conservatives, said: 'Biological sex is a clear and important legal concept that must be respected. That the Welsh Labour Government appears to be ignoring the Supreme Court's ruling is totally unacceptable.
'A government that cannot properly distinguish between men and women, and fails to uphold the law, has no place running our public services.
'It is clearer than ever that Wales needs a new government that will protect women's rights, take action on single-sex spaces, women-only sports and fairness in employment policies and practices.'
The Welsh Government has maintained that it was still 'considering' the Supreme Court judgment despite almost three months having passed since it was given.
Elsewhere in the document, the government commits to editing 'all' transgender staff records to match their transgender identity – even when they do not have a gender recognition certificate (GRC) and therefore have not formally changed gender.
'A person does not require a GRC to live in their affirmed gender – the GRA [Gender Recognition Act] only confers legal recognition of that gender in certain areas,' it reads.
The document later adds: 'The Welsh Government will amend all records to match an employee's affirmed gender although HMRC and Pension provisions may only be changed following the receipt of a GRC.'
The document also says that non-binary staff who are required to wear workwear will be given male and female versions.
'Where gendered items are part of the uniform, staff can mix and match as they wish,' the document reads. 'Where non-binary staff require both a 'uniform A' and 'uniform B', this will be provided.'
Maya Forstater, chief executive of Sex Matters, said: 'This is a ticking time bomb for the Welsh Government. It's as if the For Women Scotland judgment hasn't happened. It ignores the established legal position that 'woman' and 'man' are defined by biological sex.
'Non-binary identities are certainly not recognised in law. This nonsensical policy would not withstand a legal challenge.'
A spokesman for the Welsh Government said: 'The document referred to predates the Supreme Court ruling.
'As an employer, we are working to understand the implications of the ruling on our policies and practices and will be guided by the revised statutory EHRC Code of Practice once it is published.'
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