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Times
01-07-2025
- Politics
- Times
Kirk fiasco shows SNP must stop dragging its feet on single-sex spaces
John Swinney is waiting to hear full guidance from the Equality and Human Rights Commission before acting JANE BARLOW/PA A Church of Scotland community centre in Fife might seem an improbable location for a fresh controversy over single-sex spaces but it is a wholly apposite, and indeed typical, one. A mother objected to biological males using the female toilets at the venue while her daughter's drama class was using the centre at the same time. Initial assurances that this would be attended to were then supplanted by fresh 'guidance' from the Kirk's 'safeguarding department' that toilets were not necessarily to be considered single-sex at all. The Kirk has now returned to its first position. The Church of Scotland may be forgiven its confusion. It is merely following a baleful example set by the Scottish government, which insists it is not yet in a position to implement the law on single-sex spaces as clarified by the Supreme Court in the case of For Women Scotland vs Scottish ministers.


Times
30-06-2025
- Politics
- Times
Church flouted law by letting trans woman use girls' toilet
The Church of Scotland flouted the law on single-sex spaces by wrongly insisting that biological men could still share female lavatories with girls, it has emerged. A mother raised concerns that at least one man from an LGBT club was using female facilities at a church-run community centre in Cupar, Fife, where her 11-year-old daughter attended a drama class. She was told by the church that it was 'lawful and often appropriate' for 'women-only spaces to include trans women', despite the Supreme Court ruling in April. The advice, in correspondence seen by The Times, was issued after an intervention by the Church of Scotland's safeguarding and legal departments, despite the local minister, the Rev Jeff Martin, initially backing the mother and saying her concerns would be dealt with. The church has claimed that its trans-inclusive stance was based on the advice of 'legal experts' such as the activist group Stonewall and the Good Law Project run by the barrister Jolyon Maugham, which is seeking to overturn the Supreme Court ruling. On Monday night the Church of Scotland admitted that its advice to the parent was incorrect and it should not have relied on positions taken by partisan groups. It said it now 'supported the right' of women and girls to access single-sex spaces, and suggested trans people should be provided with gender-neutral facilities. The confusion led to new calls for the Scottish government to take a lead over the issue instead of insisting its policies cannot be changed until the Equality and Human Rights Commission (EHRC) issues formal advice later this year. Bodies that refuse to implement the Supreme Court ruling have been warned that they face legal action. The Scottish government is facing separate threats of being sued again by For Women Scotland, which defeated ministers in the Supreme Court, and Sex Matters. Sir Keir Starmer, the prime minister, has told hospitals and government departments they must implement the ruling 'as soon as possible' after some bodies south of the border were accused of deliberate delays. The correspondence obtained by The Times, and the clarification issued on Monday, show the Kirk has taken three different positions on the issue of single-sex spaces within a matter of weeks. Every organisation in Britain was told to revisit their equalities policies after the Supreme Court ruled that a woman was defined by biological sex under equalities law, but there is widespread confusion about the implications. • Gender-neutral lavatories banned in new-build restaurants and offices Bodies such as the Scottish parliament have moved quickly to ban trans women from female spaces, while some schools in Scotland have moved to get rid of gender-neutral toilets. However, the Scottish government has insisted it must wait until the EHRC issues its formal advice, despite the regulator saying this is not necessary — meaning some policies remain in place that critics claim are clearly unlawful. A EHRC consultation on the formal guidance was due to close on Monday. A legal expert, whose work was cited in the Supreme Court judgment, said the Church of Scotland's earlier stance 'completely misstates the law' and claimed the saga exposed the pitfalls of relying on activist groups for advice. Kelly, the mother of the 11-year-old, who did not want her surname published, went to pick up her daughter from a drama class at the Old Parish Centre in May. She encountered a man from an LGBT club, which was using the building, in the female lavatory. She said she 'froze' and later raised her concerns with Martin, the church minister. He was initially supportive and pledged to deal with the matter, but in a second email last week he said that advice from the church's central office meant he had to 'rescind' his first mail. It had been made clear to him that 'a trans woman's use of the women's toilet aligns with her gender identity, and this is lawful and consistent with current best practice'. Kelly said she was 'gobsmacked' to see that 'men's feelings are taking priority over young girls'. The EHRC confirmed that access to single-sex facilities should be based on biological sex. The Supreme Court stated in April that, for the purposes of UK equalities law, a biological man cannot become legally female. LGBT activist groups, many of which previously wrongly suggested organisations had a legal obligation to allow access to single-sex spaces on the basis of gender self-identification, have been accused of spreading misinformation about the ruling. • Toilet politics and death threats: why transgender judge Victoria McCloud quit Michael Foran, a Glasgow University expert in equalities law, who will soon join the University of Oxford to become associate professor of law, said the Church of SCotland's earlier response to the parent, which also claimed it could not put in place a 'blanket policy' of excluding trans women from female toilets, 'completely misstates the law'. He said: 'It is contradicted by the express wording of the Supreme Court in its judgment in FWS [For Women Scotland] and by the decades of law on direct discrimination. 'Any service provider operating a service on the basis of self-identification and not biological sex is exposed to significant risk of liability.' Foran added: 'This response demonstrates the importance of seeking specialist legal advice. Duty bearers under the Equality Act should not rely on lobby groups for their legal advice.' Trina Budge, a director of For Women Scotland, said she was 'quite astonished' to see 'just how the church has got the law so wrong' in its email to Kelly. She said: 'We are delighted and relieved that the church has reconsidered its position and taken the time to understand the Supreme Court ruling. 'Many organisations have been misled on the law for a very long time by activist groups and it shows exactly why the Scottish government must stop prevaricating and take the lead on sorting out the confusion that has been allowed to take hold.' The Church of Scotland expressed 'regret' that the advice it issued to the parent was 'not correct' or in alignment with EHRC advice. It said: 'The church has been considering the implications of that decision and has not yet issued formal guidance on the issue for congregations, bearing in mind that the EHRC has stated that it was aiming to provide an updated code of practice on services and public functions by the end of June. 'We do not consider that it is appropriate for the church to rely on advice provided by Stonewall and the Good Law Project and we should not have referred to their views on this question. 'We support the right of women and girls to access single-sex spaces and the right of trans women and trans men to access gender-neutral spaces, so that trans people are not put in a position where there are no facilities for them to use.'


The Independent
25-06-2025
- Politics
- The Independent
Swinney says sorry to Gypsy Travellers for ‘trauma' of the ‘tinker experiment'
Scotland's First Minister has apologised to Gypsy Travellers for the 'unfair and unjust policies' that caused them 'trauma' in what was known as the 'tinker experiment'. John Swinney made clear that the treatment of members of this community in previous years had been 'unacceptable'. His comments came as a new report, published by the Scottish Government, stated that 'the context within which the TE (tinker experiment) occurred is best understood as cultural genocide'. Between 1940 and 1980, the so-called experiment – supported by councils and the UK government – attempted to strip away the nomadic lifestyle of Gypsy Travellers, providing rudimentary and often cramped huts for people to live in. When families became too big to be housed in the huts, children would sometimes be taken away. The Scottish Government has been carrying out research into the impact of what happened – with report, by the Third Generation Project at St Andrews University, revealing 'discriminatory' policies had been carried out in 27 of Scotland's current 32 local authorities. The Church of Scotland also issued 'a heartfelt and genuine apology for these historic wrongs'. Mr Swinney, in a statement to Holyrood, said he hoped his apology could be the 'beginning of a new conversation' with efforts to improve the lives of Gypsy Traveller community in Scotland. The First Minister told MSPs 'without ambiguity' that 'what happened to Gypsy Traveller communities in Scotland was unacceptable'. He added: 'It is clear to the Government that stark prejudice and lack of cultural awareness led to a series of unfair and unjust policies. 'These policies resulted in children being removed from families, and families were forced to live in substandard accommodation and degrading conditions. 'The trauma that this has caused to individuals, families and groups, including those who regard themselves as 'victims of tinker experiments', is significant and lasting'. With Gypsy Travellers in Holyrood's public gallery, Mr Swinney continued: 'As First Minister of Scotland, I want to say this directly to Gypsy Traveller communities: the 'tinker experiments' should not have happened. 'These policies were wrong. And we recognise how much it is still hurting so many. 'And more than anything else I want to say this – on behalf of Scotland, we are sorry.' Mr Swinney added that although Scotland had 'come a long way since the 'Tinker experiments', there was 'still much to do' in tackling the prejudice the community continued to face. And while Holyrood ministers published a new Gypsy Traveller action plan last year, the First Minister said the experiences shared as part of the government's work 'underline the urgent need for systemic change, greater accountability, and a shift in attitudes at every level'. He declared: 'We must do better.' Stressing the need for 'meaningful action' he highlighted the importance of 'challenging stereotypes, confronting everyday discrimination, and committing to long-term efforts that promote understanding, respect, and equity for Gypsy Travellers'. He stated: 'Our hope is that we now have a foundation for continuing to build trust and fostering renewed relationships with all those who have been impacted by historical policies.' His comments came as the report described the tinker experiments as being the 'recurring societal and institutional dehumanisation of Gypsy Travellers in Scotland'. This was 'often carried out under the stereotype of Gypsy Travellers as a people that collectively practised a backwards or undeveloped way of life', it added. The research highlighted the role of the UK national government 'and specifically the Scottish Office as a primary actor in the construction and enforcement of such policies'. But it said that others – including local councils, churches and charities – were involved in 'constructing the environment' that allowed this to happen. Gypsy Travellers in Scotland were housed in accommodation including Nissen-type huts, repurposed military buildings and disused properties, the report added – with these 'known by government agents to be substandard' with such properties 'frequently without' electricity and running water. The report also highlighted the 'forced transfer of children', with some youngsters being removed from their families and placed in temporary care, while others were permanently taken away, being adopted either in the UK or overseas. Afterwards, the Reverend Tommy MacNeil, convener of the Faith Action Programme Leadership Team of the Church of Scotland and Dr Mike Cantlay, convener of its Social Care Council said: 'On behalf of the Church of Scotland, we offer a heartfelt and genuine apology for these historic wrongs, highlighted in the report and carried out in the name of the Church.' They added: 'We wish to say we stand in solidarity with those who suffered, and deeply regret the harm that came to them as a result of actions by the Church in the past.' Their statement acknowleged that the Church of Scotland 'tolerated discrimination and the use of derogatory language by its employees and members' The men stressed: 'We regret and are very sorry for the trauma that was inflicted on Gypsy Traveller communities, families and individuals by our Church.'


Times
15-06-2025
- General
- Times
‘Sexual abuse drove me from the Kirk, now I've found bliss as a shepherd'
A mong the green rolling hills of Perthshire, in a small one room cottage, Helen Percy has found her paradise. In the nearby fields her flock of Devon and Cornwall longwool sheep graze and around her feet dart four dogs 'of varying degrees of usefulness', while the most recent addition to the menagerie is a duckling newly hatched. In the hills, a short ride away on Percy's pony, is a small hidden lochan, where she likes to rest by the peaty water. The vista conjures up Psalm 23:2: 'he makes me lie down in green pastures; he leads me beside still waters'. Helen Percy: 'This is my cathedral, it's where my soul can breathe' NATHAN BEATTIE As a former minister in the Church of Scotland, Percy is only too familiar with this passage from scripture. Yet to reach these 'still waters' she first had to battle through misery, pain, abuse and rejection endured within the church.