Holyrood had no choice but to follow law on trans toilet ban

The Herald Scotland

19-06-2025

In response, the Equality and Human Rights Commission (EHRC) advised public bodies to review policies relating to single-sex spaces.
That prompted parliament to redesignate several existing toilets and changing rooms as gender-neutral, and restrict single-sex facilities to sex.
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Scottish Green co-convenor Patrick Harvie raised the matter during questions to the Scottish Parliamentary Corporate Bureau (SPCB), the cross-party group responsible for the running of Holyrood.
He accused the SPCB of promoting an 'exclusionary and segregating' policy and said the decision made the body's stated intention 'that everyone should feel welcome and included at Holyrood' appear 'nonsense'.
Mr Harvie cited letters from the Equality Network and Scottish Trans, which warned that the change would make trans people feel significantly less welcome at the Parliament.
'They go on to say 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,' he said.
He added that concerns raised by staff in the Scottish Greens' parliamentary group — including the negative impact on trans and gender non-conforming people and the 'violation of privacy and dignity' — had not been addressed.
Patrick Harvie raised the ban in SPCB questions (Image: PA) Scottish Conservative MSP Jackson Carlaw, speaking on behalf of the SPCB, said the ruling had 'immediate legal effect' and that the corporate body had a legal obligation to act without delay.
"The corporate body is an executive body with legal responsibilities and the personal liability of the members who sit on it. Our job, even though we are politicians, is not to debate the politics of an issue, but to ensure that we are implementing the law as the law is communicated to us."
He added: 'It is our responsibility to fulfil the legal obligations as an employer, service provider, workplace provider, and as an organisation subject to the public sector equality duty."
Pressed by Mr Harvie, he said the interim position was taken on legal advice and that a broader consultation — including with trade unions and equality organisations — had now been approved.
'We announced the interim stance. We agreed to conduct a consultation, and together with officials the corporate body has been considering its approach,' he said.
Labour MSP Mercedes Villalba told the chamber that Parliament staff unions had not been consulted and described assurances to the contrary as 'categorically untrue'. She called for 'meaningful consultation' going forward.
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Tory MSP Pam Gosal welcomed the SPCB's actions, pointing to warnings from the campaign group Sex Matters that legal challenges could follow if public bodies fail to comply with the court's interpretation.
'Sex Matters have warned that they will come after organisations refusing to follow the ruling — that will once again leave the taxpayers footing the bill,' she said. 'Therefore, will the Parliament commit to implementing the interim update issued by the EHRC on the protection of single-sex spaces?'
Mr Carlaw reiterated that the SPCB had acted 'on the advice that we receive' and would continue to prioritise inclusion through its upcoming Inclusive Parliament Review.