Publicly-funded museums body criticises EHRC proposals
The Equality and Human Rights Commission (EHRC) closed a consultation on proposed changes to statutory guidance last month, following the Supreme Court ruling in April that 'sex' in the Equality Act 2010 refers to biological sex, and a Gender Recognition Certificate does not change a person's sex for the purposes of the act.
An interim update from the EHRC, published in May, said that 'trans women (biological men) should not be permitted to use the women's facilities and trans men (biological women) should not be permitted to use the men's facilities, as this will mean that they are no longer single-sex facilities'.
However a response from Museums Galleries Scotland (MGS), which supports around 455 non-national museums and is funded by the Scottish Government, said EHRC's proposals may 'force some museums to close', or 'risk leaving trans people with no facilities at all' if changes could not be made.
It urged the UK-wide watchdog to 'understand the impacts and needs of trans individuals and organisations committed to trans inclusion'.
A consultation response from Museums Galleries Scotland said: 'We have concerns that the content and process of the EHRC Code of Practice does not uphold the spirit of inclusion.
'There is no guidance on how to include trans people, there is only information on how to exclude them. This has not made sufficient effort to offer advice to organisations who wish to remain or become trans inclusive.'
It warned that due to 'lack of clarity' from EHRC, 'there is a significant potential that human rights of trans people will be impacted for example, being banned from toilets that align with lived gender', and also raised concerns about the responsibilities of front-of-house staff.
The response said: 'When there is a need to 'prove' your sex, what proof will be acceptable given gender recognition certificates are not, nor are altered birth certificates. It is likely this role would fall on front-of-house staff, which we believe puts undue pressure on them.'
It added: 'To avoid discrimination, it would require every person using toilets to be checked, adding substantial workload and staff costs.
'The guidance implies that to allow trans people to use toilets that fit their identity would put organisations at risk of legal consequences. Yet, to not check everyone could lead to individuals in museums taking decisions to exclude trans people based on subjective tests, related largely to appearance.'
It warned this could 'potentially put trans and non-trans people in humiliating and offensive situations', and that some museums may be forced to close 'while they invest time and resources to ensure adequate facilities', and if changes could not be made 'this risks trans people having no facilities to use at all'.
The response said it was aware of the public 'policing toilets at heritage sites by making assumptions based on stereotypes', and said this created an 'environment of suspicion and policing of everyone's gender presentation, and increases the risks of harassment, distress, and offence'.
It added: 'For some museums, they may need to change their toilet facilities to avoid the higher risk of legal consequences, however, there is unlikely to be capacity or resource for many of them to do this, putting them in a difficult position.'
The response concluded: 'We strongly encourage the EHRC to review their processes around this guidance and take the necessary time to understand the impacts and needs of trans individuals and organisations committed to trans inclusion.'
Scottish Conservative shadow equalities minister Tess White MSP said: 'Museums Scotland seem to be following the Scottish Government in their mistaken bid to avoid implementing the Supreme Court's verdict. The judgment from the UK's highest court was crystal clear.
'By criticising the EHRC's guidance, Museums Scotland are flouting the law, putting women and girls in danger and laying themselves open to legal challenge. There is no excuse for evasion on this issue.
'Instead of trying to pander to the gender extremists, John Swinney must act now and order all public bodies immediately to comply with the law and provide single-sex spaces.'
The Scottish Government, EHRC, Sex Matters, and Scottish Labour and have been contacted for comment.
Get all the latest news from around the country Follow STV News
Scan the QR code on your mobile device for all the latest news from around the country
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Mail
27 minutes ago
- Daily Mail
ALEX BRUMMER: Bank fears Farage turmoil in No 10
As a public figure, the governor of the Bank of England Andrew Bailey receives most attention from consumers and businesses alike for his role in setting interest rates. Critical as that is to national wellbeing, it has long been my belief that Bailey is more comfortable with the Bank's other, less discussed role of maintaining financial stability. Bailey was first to the battlements in his early days in office in March 2020 as the pandemic shut down Britain and much of the world. Bond markets in New York were in panic, and the Bank, led first by Mark Carney and then Bailey, moved to calm events. A currency swap deal with the US was activated, interest rates were cut to the bone and more money printing, through quantitative easing, was authorised. Bailey passionately urged government to take steps to prevent scarring to the economy. He was also at the tiller in the autumn of 2022 when Liz Truss's tax-cutting mini Budget sparked a run on the pound and a sudden retreat from British government bonds. The scale and suddenness of the move caused ructions for pension funds which had used derivative products to gamble on returns. The episode had threatened, without Bailey's intervention, to cause a cascade of financial collapses among banks who had provided credit for the trades. The Bank of England became a butt of criticism, not least on these pages. Its twice-yearly Financial Stability Report had in the past warned of the potential danger of liability driven-investment products (LDIs) but neither the Bank nor the Pensions Regulator addressed the matter. It is one thing for the Financial Stability Committee to identify and warn of dangers to the financial system, but quite another to tackle a weakness and close it down. Bailey was in the Bank's engine room in the Great Financial Crisis of 2008, so has vast experience of dealing with fractures in the financial system and knows how rapidly contagion takes place. All this experience tells him that Chancellor Rachel Reeves' efforts to encourage growth, by deregulating the City, could be a huge error. It is a reminder of the light touch regulation in the run-up to the collapse of Northern Rock in 2007 and the crisis which followed. Readers of this month's Financial Stability document would find few clues to what Bailey believes is the most acute concern at present. It is not Trump tariffs or the present Government's borrowing needs, as serious as they may be. The governor's biggest worry is political uncertainty. It may seem mad to think that this should be the case given Labour's vast Commons majority and four more years in office. The significant statistic is that Nigel Farage's Reform UK has led the other parties in 65 consecutive polls. And the present kerfuffles in Epping and the record small boat arrivals in a long hot summer make the potential for a Farage journey to Downing Street ever more credible. Bailey and the independent Bank never indulge in party politics. But for the governor, pound sterling, the bond markets and the whole stability of the financial system, the number one threat is a big-spending populist released into Downing Street. Reach for the safety straps.
The Independent
29 minutes ago
- The Independent
Stephen Flynn jokes he'll be ‘washing hair' when Donald Trump visits Scotland
Stephen Flynn joked he will be washing his hair when Donald Trump visits the UK. The Scottish National Party's (SNP) Westminster leader, who is bald, told Sunday With Laura Kuenssberg that he will find "any excuse possible" to avoid meeting the US president on his trip to Scotland. While insisting it was 'absolutely right' that First Minister John Swinney meets Mr Trump, Mr Flynn quipped that he'd be 'looking after his own toddlers' while the Republican is in the country.
Scottish Sun
29 minutes ago
- Scottish Sun
John Swinney ‘could be in danger of losing his Holyrood constituency seat' if people vote tactically
The First Minister is facing a renewed challenge from veteran Tory Murdo Fraser next year SWINNERS & LOSERS John Swinney 'could be in danger of losing his Holyrood constituency seat' if people vote tactically Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) JOHN Swinney could be in danger of losing his Holyrood constituency seat if people vote tactically, a top pollster has claimed. The First Minister is facing a renewed challenge from veteran Tory Murdo Fraser in Perthshire North next year. Sign up for Scottish Sun newsletter Sign up 2 The First Minister could be in danger of losing his Holyrood constituency seat if people vote tactically, a top pollster claims Credit: Michael Schofield 2 Analysis professional Mark Diffley thinks if voters snub Reform UK and Labour and cast ballots for Mr Fraser then Mr Swinney's 4,053 majority could be in jeopardy Credit: jo hanley 2020 And analysis professional Mark Diffley reckons if voters snub Reform UK and Labour and cast ballots for Mr Fraser then Mr Swinney's 4,053 majority could be in peril. Mr Diffley, of the Diffley Partnership, said: 'Tactical voting is a possibility but the Labour and Lib Dem vote shares in this seat in 2021 were negligible. 'Reform might expect to do well here and are likely to eat into Tory votes which makes the job easier for the SNP. 'The SNP took almost 50 per cent of the vote in 2021 and polls indicate that their vote share has fallen by around 15 points since, which might bring this seat into play.' Mr Fraser will be taking on Mr Swinney for a seventh time. He polled 15,807 votes compared to the First Minister's 19,860 in 2021, while Labour got 2,324. The Tory challenger said: 'Nigel Farage has already said he isn't worried about giving the SNP another five years in power. That should terrify every supporter of the Union living in John Swinney's backyard. 'If pro-UK voters in Perthshire want to deliver a verdict on the SNP leader being at the heart of 18 years of nationalist failure, then they must vote for me. 'I will be taking that message to local voters who are sick and tired of the SNP's continual focus on fringe issues, rather than delivering on the real priorities of the people.' Scottish Tory leader Russell Findlay has said Mr Fraser has a 'realistic' chance of winning the seat. In his conference speech last month, he said: 'The SNP will do everything to protect John Swinney but those seats can be in play for us. Wouldn't that be some prize? Swinney paying the price for his abysmal record.' 'Sad to see him go' - GAA fans emotional seeing Michael D Higgins attend last men's All-Ireland final as President But even if Mr Swinney loses the constituency he is still likely to be elected as a regional list MSP. Mr Diffley said Scottish Labour leader Anas Sarwar will be hoping his party's 'unexpected' win by new MSP Davy Russell in last month's Hamilton, Larkhall and Stonehouse by-election has boosted their chances of forming a government. He added: 'The SNP is far less popular than it was at the last Holyrood election and polls show low support for the government's performance across key policy issues. 'But Labour has not capitalised on that and the national polls point, at this stage, to the likelihood of the SNP being re-elected next year. 'Many voters are disillusioned with both the UK and Scottish governments which partly explains the rise of Reform and the likelihood that they will do well next year.' Reform and Labour confirmed they will be standing in every seat but their candidates for Perthshire North have yet to be announced. A Scottish Labour spokeswoman said: 'Scotland has been badly failed by both the SNP and the Tories, and Scottish Labour will be fighting to win in every part of the country. 'Only Scottish Labour can get rid of this incompetent SNP government and deliver a new direction.' The SNP did not respond to our request for comment.
