Latest news with #EHRC
The Herald Scotland
32 minutes ago
- Politics
- The Herald Scotland
Swinney government accused of twisting EHRC advice
The comments earned a stinging rebuke from Baroness Kishwer Falkner, the Chair of the EHRC, who said the Commission had made it "clear" to civil servants that public bodies should not wait for updated guidance before acting on the judgment. The peer said she was "very concerned that our conversations with officials appear to have been misrepresented". FWS told The Herald they were stunned by the claims from officials: 'At what point does this stop being ignorant incompetence and tip into wilful malpractice?' Read more: In April, the UK's highest court ruled unanimously that a Gender Recognition Certificate (GRC) does not alter a person's sex for the purposes of the Equality Act. The judgment clarified that the terms 'man' and 'woman' in the legislation refer to biological sex, not acquired gender. The EHRC then issued interim guidance in May related to trans people's use of facilities including including changing rooms and toilets, and participation in sports. It also launched a consultation on changes to parts of its code of practice for services, public functions and associations, which is due to conclude on June 30. The watchdog is due to publish the updated code later this year. While First Minister John Swinney initially welcomed the 'clarity' provided by the ruling, the Scottish Government has repeatedly said it is waiting for this further guidance before issuing new guidance of its own to Scotland's public bodies. However, the EHRC has repeatedly said that the ruling applies now and that "those with duties under the Equality Act 2010 should be following the law and looking at what changes, if any, need to be made to their policies and practices". For Women Scotland following the court ruling (Image: PA) After the meeting with the Equalities Directorate, FWS wrote to the EHRC to question the claims made by officials. Baroness Falkner replied: "As you rightly point out, our public messaging has been that the law as set out by the Supreme Court is effective immediately. "We have been clear in our public messaging and in direct conversations with duty-bearers, including the Scottish Government, that they should not wait for our guidance but should be seeking to update their policies and practices in the light of the new understanding of the law, taking their own specialist legal advice where necessary." Earlier this week, FWS wrote to the Scottish Government's Permanent Secretary Joe Griffin calling for a full investigation, saying it was "extremely concerning that statements made by a senior government official to a third party about EHRC advice have been directly contested by the regulatory body itself". In a letter to the campaigners on Friday, seen by The Herald, Mr Griffin did not challenge FWS's account of the meeting, and said his team would "revert in due course" with a fuller response. He said the Government accepted the Supreme Court's judgment and "acknowledges the EHRC statement that duty-bearers should not wait for our statutory Code of Practice for Services, Public Functions and Associations to be in place to review their policies to ensure they are complying with the law as now settled by the Supreme Court". This, he added, "aligns with the approach the Scottish Government has taken since the judgment was issued in April". Read more: In Holyrood on Wednesday, Mr Griffin was pressed by SNP MSP Michelle Thomson to name any concrete action the Government had taken since the ruling. Mr Griffin said only that the "short life working group" had been established to prepare for implementation. He could not identify any specific changes made to guidance or policy. Asked whether the threat of legal action — including two formal pre-litigation notices issued by FWS and Sex Matters — had prompted a rethink, Mr Griffin insisted that his advice remained that it was appropriate to wait for final EHRC guidance. Susan Smith from FWS told The Herald: 'After the rambling performance of the Permanent Secretary at committee, it was clear that the Scottish Government has done nothing to comply with the Supreme Court ruling. 'To justify this, the civil service has materially misrepresented the advice given by the EHRC. There is no justification for Ministers or civil servants to ignore the law, and these highly paid public servants and politicians should not sit on their haunches while grassroots women's groups with little power or funding explain to them the basic principles of law and professional standards. Scotland deserves better. 'To say we are shocked is an understatement. At what point does this stop being ignorant incompetence and tip into wilful malpractice? 'The only recourse open to us is to return to court. But given the Scottish Government resoundingly ignored earlier Court of Session rulings and is now seemingly intent on not implementing the UK Supreme Court judgment it appears largely futile and a further waste of taxpayers' money. Has the Scottish Government really put itself beyond the law?' A Scottish Government spokesperson said: "The Scottish Government has been clear that we accept the Supreme Court judgment and that public bodies have a duty to comply with the law. "Work is proceeding at pace to implement the ruling across Government. We have established a Short Life Working Group to ensure support and consistency in this. "We expect public bodies to be analysing policies and procedures and this is what is happening. For example, Police Scotland this week issued interim guidance on searching, including searching of transgender people. "The Scottish Government has also updated the Gender Representation on Public Boards (Scotland) Act 2018 guidance to reflect the judgment in relation to the definition of 'woman' under the Equality Act and this is now published online. "The recent changes to the Equality and Human Rights Commission's interim update demonstrate the complexity of this work and the need for extensive legal advice and consultation with stakeholders. We will continue to take this work forward at pace in a way which protects the rights of everyone in society. "The Permanent Secretary has responded to For Women Scotland."
The National
12 hours ago
- Politics
- The National
Scottish Parliament won't release files on trans toilet policy
The National lodged a Freedom of Information (FOI) request to the Parliament asking for documents, emails, memos, or other correspondence relating to the decision, or around the Equality and Human Rights Commission (EHRC) guidance. Holyrood officials released one email sent to parliamentary staff from the senior executive team setting out its position but did not give out any background information. In its refusal letter, the Scottish Parliament admitted it held the documentation we had requested, but cited several exemptions. READ MORE: Scottish Government changes guidance that led to Supreme Court ruling They claimed it would 'inhibit substantially the free and frank provision of advice', that disclosure would 'prejudice the effective conduct of public affairs' and that it refers to legal advice, which is exempt. On May 9, Presiding Officer Alison Johnstone announced that trans women would be barred from using female toilets following the Supreme Court judgment on the definition of a woman and the subsequent EHRC guidance. The move led to MSPs and staff writing to Holyrood's governing body expressing 'deep concern' over the decision, but the policy has remained in place. We previously told how the Scottish Parliamentary Corporate Body (SPCB) defended the decision in the Holyrood chamber last week. (Image: PA) The Scottish Parliament said it was refusing our request as correspondence related to a 'sensitive topic'. 'While an interim position concerning single sex facilities at the Scottish Parliament has been taken, work is planned to inform further practical changes which may be needed,' it stated. 'As such, this remains a live topic, and parliamentary officials must be able to communicate with each other freely and gather information for the purposes of provision of advice to the SPCB. 'The SPCB agreed to conduct an extensive consultation to inform what further changes may be required to facilities in the medium to longer term. 'This consultation will also take account of the updated EHRC statutory code of practice when it becomes available later this year. 'Disclosure of information in response to a freedom of information request has the effect of releasing information into the public domain.' READ MORE: I spent all day counting Keir Starmer's 17 U-turns — see the full list The refusal notice also claimed releasing the documents would discourage officials from 'engaging freely with each other when gathering information'. It added that it would not release correspondence or complaints as it was not in the public interest. 'It is important that members of the public feel free to express themselves on the matter they are corresponding about without the fear that their correspondence or our reply will be released into the public domain,' the notice added. In the one-page document that was released through the FOI, officials told staff in an email dated May 8 that they wanted to 'reassure you that we are managing our response at Holyrood with the utmost care and sensitivity'. 'We remain deeply committed to ensuring that all our staff feel supported, and we will continue to uphold our values of respect and inclusiveness as an employer,' they said, before explaining that all staff and visitors were able to use gender neutral facilities on the parliamentary estate. 'Holyrood must be a safe, respectful and inclusive environment in which to work and visit and one feature of an inclusive environment is the availability of convenient facilities for all individuals,' the email added. Officials then pointed staff to support and counselling services. 'In the meantime, Directors and I are happy to answer any questions you might have and we encourage all managers at Holyrood to take steps to support their trans and non-binary staff, offering ongoing wellbeing support,' the email concluded. Last week, Scottish Tory MSP Jackson Carlaw, responding on behalf of the SPCB, insisted the governing body had 'legal responsibilities'. READ MORE: Labour's 'minor' U-turn will leave benefits system 'woefully inadequate' '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,' Carlaw told the chamber. And, on Monday, the Westminster Parliament implemented the same ban, after stating they would wait for official guidance to be published. It came after a transgender barrister was accosted by gender critical activists outside of a women's bathroom on the parliamentary estate. The EHRC was forced to rescind part of its interim guidance amid a legal challenge. Full guidance is expected to be published following a consultation, which is currently underway.
The National
2 days ago
- Health
- The National
Genomic sequencing of English newborns raises big ethical questions
At first glance, the promise to 'leapfrog killer diseases' by predicting illness before symptoms arise is seductive. However, the inevitable gathering of clinical information about incurable conditions before consent for that knowledge is possible is far less desirable. Good intentions won't mask that overreach. READ MORE: Labour's welfare cuts 'to cost 300,000 Scots £500 per year' – Trussell We, as citizens and therefore NHS patients, must distinguish between what is clinically useful now, and what could cause unintended harm later to future citizens. There are serious, treatable conditions that warrant early detection, such as congenital adrenal hyperplasia, phenylketonuria, and medium-chain acyl-CoA dehydrogenase deficiency, already covered by the existing neonatal blood spot test. Others, like spinal muscular atrophy and severe combined immunodeficiency, might justifiably be added to this programme due to their treatability in infancy and tragic consequences if missed. However, full-genome sequencing is an entirely different kettle of fish, and one where children's future health profiles are shaped before they can understand their medical identity. Data might be used (or, god forbid, leaked) in ways they neither consented to nor benefit from, as many conditions flagged through genome sequencing may not be actionable until adulthood, even if they clinically materialise at all. In these cases, deferring screening until the individual is Gillick competent not only respects autonomy, but avoids unnecessary medicalisation, psychological harm, and downstream discrimination. READ MORE: EHRC changes guidance on single-sex toilets after legal challenge Scotland has long taken a more precautionary approach to data governance, consent, and health service design. Yet decisions taken in England – particularly those involving genomic infrastructure, research frameworks, and health data integration – affect the NHS as a whole. If new models of care are built around this profiling, Scottish patients could be pressured to participate in UK-wide systems by default, and NHS Scotland might be forced to adopt models shaped around English data flows and private-sector partnerships. That potential risk gains urgency when considering that more than half of Wes Streeting's campaign funding since entering parliament has come from private health interests. While there's no direct evidence of genomic firms funding policy, the climate is clear: expanding health data infrastructure creates lucrative opportunities for diagnostics, trials, and pharmaceutical development. Without robust regulation, public good may be compromised for private gain. READ MORE: See the full list of 127 Labour MP rebels on UK welfare and Pip cuts A more sensible and ethical approach for the UK Government to follow would be to: • Reaffirm a commitment to proportionate, consent-based screening, recognising the fundamental difference between life-saving early detection and speculative risk profiling. • Resist premature implementation of whole-genome sequencing in newborns without full public consultation and independent ethical oversight. • Support the development of anonymous, aggregate data models – suitable for population health planning without compromising individual autonomy or privacy. • Expand existing neonatal screening programmes only where early intervention is proven to change outcomes significantly, and where ethical and equitable delivery is achievable. • Establish robust UK-wide legal protections on the use, storage, and re-identification of genomic data, offering explicit guarantees against insurance or employment discrimination. If we truly value preventative care and personal empowerment, we must ensure these ideals are not compromised by haste or commercial capture. Progress in medicine should be grounded in consent, equity, and care, rather than outsourced potentially unaccountably. Ron Lumiere via email
ITV News
2 days ago
- Politics
- ITV News
Hundreds of trans activists descend on Parliament to oppose 'bathroom ban'
Hundreds of trans activists and their allies have descended on Parliament for a mass lobby of MPs, in a bid to have what they call a "bathroom ban" blocked before it can become law. They are furious about plans for legislation, proposed by the (Equality and Human Rights Commission), which would say trans people can only use gendered facilities which correspond to their biologic sex at birth. The EHRC began reconsidering guidance for single sex facilities after a landmark ruling in the Supreme Court which decided the term "woman", as referred to in the Equality Act 2010, is defined by a person's biologic sex. Labour had said it would refrain from issuing guidance about which facilities trans people should use until the EHRC had completed its consultation, which will close next week. But interim guidance issued by the commission said "trans women (biological men) should not be permitted to use the women's facilities". Prime Minister Keir Starmer, in response to the Supreme Court ruling, appeared to have changed his mind about trans people. In 2022 he'd said "transwomen are women" but when asked if he still believed that after the ruling, his spokesperson said: "No, the Supreme Court judgment has made clear that when looking at the Equality Act, a woman is a biological woman." Some women's activists including JK Rowling said the ruling was vindication for their campaign to protect single sex spaces but rather than settle the long running debate, it appears to have just marked the start of another chapter in the story. Trans activists, who've met dozens of MPs in Parliament, are desperate to convince politicians to block any new guidance introduced to parliament after the consultation closes. Jude Guaitamacchi, founder of the Trans+ Solidarity Alliance, said the bathroom ban - if it goes ahead - "will have a devastating impact" on trans people. They added: 'The EHRC's proposals would force workers in shops and pubs to become 'gender police' - told to demand birth certificates from anybody that they think doesn't fit gender stereotypes - and require major facilities changes at great expense for businesses across the country." 'Politicians must act to prevent trans people like me from becoming second class citizens and this is our chance to call for meaningful action to resolve the current human rights crisis. There is no dignity and respect in a bathroom ban, we now need real political leadership.' A former legal director at the EHRC said the commission's draft guidance is a "cynical attempt to undermine the will of Parliament and remove trans people's rights". Grey Collier added: "In practical terms it would be entirely unenforceable which makes it bad law. Most importantly, its impact will be absolutely devastating on the participation of trans and non binary people in all aspects of public life." Among those attending protest were singer Kate Nash and several MPs including former Green Party leader Sian Berry as well as Labour's Olivia Blake. "These proposals would be devastating to trans lives, and it's time for all of us to stand up in the UK and across the world against anti-trans hate and division. Transphobia is not feminism. Trans inclusive feminism is the only path forward & we mustn't let these fringe views become the mainstream," Nash said. "Trans people need protection, rights and healthcare from the UK government. Trans people are not a threat, but are people living their lives like you and me." The exact number of attendees outside Parliament is not yet clear but 1,400 signed up online and over 100 MPs had agreed to meet constituents. Trans+ Solidarity Alliance said the event was expected to be the largest mass lobby on LGBT+ rights since the 1980s. A mass lobby is where activists, all campaigning on the same issue, organise meetings with their local MP in Parliament to impress upon them a strength of feeling around the country, aimed at getting them onside. MPs who spoke to ITV News about the rally said they were hopeful the prime minister would listen, but it is unlikely Starmer would choose to ignore advice issued by the EHRC. A government Spokesperson said: 'We have always supported the protection of single-sex spaces based on biological sex.'This ruling brings clarity for women and service providers such as hospitals, refuges, and sports clubs.'Single-sex spaces are protected in law and will always be protected by this government.'
The Herald Scotland
3 days ago
- Politics
- The Herald Scotland
Top civil servant told to ‘get on it' after ruling on gender
Mr Griffin insisted the Scottish Government was 'taking action where we think that is appropriate and possible', pending a further update from regulators at the Equalities and Human Rights Commission (EHRC). But with two women's rights groups – For Women Scotland and Sex Matters – now threatening further legal action against the Scottish Government, Ms Thomson told the top civil servant he should 'get on it'. She challenged the Permanent Secretary on the issue in the wake of the Supreme Court ruling back in April that the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex. That judgment came about after a challenge to the Scottish Government by For Women Scotland – with ministers, including First Minister John Swinney, making clear that while they accept that, they are waiting for further guidance from the EHRC before acting. The Scottish Parliamentary Corporate Body made changes to its policy on the use of toilet facilities in the Holyrood building in May (Image: Jane Barlow/PA) Ms Thomson however pointed out that at Holyrood the Scottish Parliamentary Corporate Body has ruled that the use of toilet facilities designated as either male or female will be based on biological sex – preventing trans people from using the toilet of their preferred gender. Mr Griffin insisted there is a 'range of action we have been taking already', adding that Social Justice Secretary Shirley-Anne Somerville had tasked him with leading a short life working group 'to take stock of the actions we need to take'. Speaking as he gave evidence to MSPs on the Finance and Public Administration Committee, Mr Griffin said: 'These are the actions we are taking while we wait for the end of the EHRC process to review their statutory guidance. 'Once that is finalised we will then be able to take a further series of actions.' He added: 'We are taking action where we think that is appropriate and possible, pending the finalisation of the EHRC guidance.' READ MORE: When Ms Thomson then demanded to know what action had been taken 'beyond talking about taking action', Mr Griffin told her: 'Specific actions, I can't give you that right now.' But he insisted the work being done was looking to 'prepare the ground' so that the government is ready to implement changes once the EHRC guidance is finalised. The Permanent Secretary said: 'We in the Scottish Government are in a very similar position to the UK Government and the Welsh Government in our understanding of our responsibility being we need to wait for the guidance for the implementation of some actions.' Michelle Thomson insisted Scotland's most senior civil servant needs to 'get on it' and act after a landmark Supreme Court ruling (Image: Andrew Milligan/PA) But with two potential further legal challenges that Ms Thomson said could potentially result in a 'significant loss of public money', the SNP MSP told him she was 'staggered why you are not acting now'. Mr Griffin said the advice he was given 'remains nevertheless that we should wait for the statutory regulator to finalise their guidance'. He added: 'I am assured that the advice that I've got is the correct advice. 'We find ourselves in a very similar position to our colleagues at Westminster and in Cardiff.' But Ms Thomson told him: 'I think my firm advice to you would be to look afresh at that. It is no justification under law, frankly, to say: 'Ah well, that's what everybody else was doing.' 'The Supreme Court judgment was compellingly clear, there is a threat of two further legal actions. My firm advice to you, Permanent Secretary, would be to get on it, because I think you are ultimately the accountable officer responsible for ensuring the Scottish Government upholds the law. 'And regardless of your view in this matter, I personally think it is a very poor look that we're 10 weeks later and we haven't done anything about it.'
