Swinney's government should take 'immediate action' protecting women's rights, says Ash Regan
Ash Regan has demanded John Swinney's government stops hiding behind 'faux legal ambiguity' and enforce the law on women's rights to single sex spaces.
The Alba MSP has accused ministers of being too cowardly to uphold their own law to protect women's rights and demanded the government take 'immediate action' or step aside.
Her comments come amid an employment tribunal brought by nurse Sandie Peggie, who was suspended after complaining about having to share a changing room with transgender medic Dr Beth Upton, in 2023.
First Minister John Swinney has previously said he has "confidence" in NHS Fife.
However he faces growing pressure to intervene as legal costs spiral - including from his own MSPs Michelle Thomson and Annabelle Ewing, who have condemned the handling of the landmark case for which the taxpayer will pick up most of the bill.
Regan has now demanded that Swinney show leadership by upholding the law which is clear and non-negotiable.
She said: 'The law does not lack clarity; what we lack is courage in Government and a leadership that sets a clear tone for lawful, evidence-based policy across public life.
'While ministers hide behind faux legal ambiguity, women across Scotland are forced to share prisons, changing rooms, hospital wards, and crisis services with biological males, for some in deeply traumatic circumstances, all because ministers are too cowardly to apply the law they swore to uphold.
'The law is not negotiable and the Scottish Government could end this embarrassing, costly charade today by implementing the actual law into its public sector guidance.'
In April, the Supreme Court ruled that a woman is defined by biological sex under equalities law.
Interim guidance was published by the Equalities and Human Rights Commission following the ruling which said trans women 'should not be permitted to use the women's facilities' in workplaces or public-facing services.
Regan said it was vital to uphold the law for the safeguarding of women and girls.
She said: 'Scotland once again finds itself forced to fight government and government-funded institutions to enforce the law that already exists.
'For Women Scotland, in their seven-year battle against the redefinition of women, confirmed what many of us have said all along: gender self-identification is not the law, nor has it ever been.
'The UK Supreme Court in April this year clarified that sex in the Equality Act 2010 is biological and a Gender Recognition Certificate is not a magic key to override sex-based protections.
'The Supreme Court and the EHRC have brought this charade to a decisive conclusion; these policies were never lawful.
'This is not a debate about identity, it is a question of legality, safety, and safeguarding, especially for women and girls.'
Last week NHS Fife published a statement online to 'defend' itself and wanted to answer questions posed by the press and politicians, addressing 'misinformation' online.
The health board also confirmed that as of June 30, legal costs have increased to £258,831, including £38,000 in just one month.
NHS Fife is liable for only the first £25,000.
Regan has branded the government's reluctance to deliver clear guidance as a legal, financial and reputational disaster.
She said: 'The public purse is haemorrhaging legal costs in courts and tribunals, while housing, healthcare and poverty are in crisis - we must see immediate action and accountability.
'Women's rights are not optional; they are obligations.
'I will not stand by while the rights of many, for privacy, dignity, safety and fairness, are trampled to appease the demands of a few.
'The Government's dithering has become a legal, financial and reputational disaster. The election is coming. It's time to lead - or step aside.'
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Sandie was suspended from her job at Victoria Hospital in Kirkcaldy in 2024 after she complained about having to share a changing room with Dr Upton.
She was later placed on special leave after a complaint of bullying and harassment by Dr Upton, but was cleared by an NHS Fife investigation last week.
Sandie launched a claim against Dr Upton and NHS Fife, citing the Equality Act 2010, including sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation.
In the four-page document, published online last week while evidence was being heard in the case, NHS Fife said police had to be called after staff faced threats of physical and sexual violence
Scotland's information commissioner later criticised NHS Fife and said he may report the board to the Court of Session.
Last week, it was reported that Sandie is taking legal action against her trade union, the Royal College of Nursing (RCN), claiming it failed to support her after her suspension, which the union denies.
The tribunal is expected to conclude at the end of July, with a decision made by the judge in the coming months.
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