Latest news with #FWS
The Herald Scotland
a day 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
2 days ago
- Politics
- The National
Scottish Government changes guidance that led to Supreme Court ruling
The Gender Representation on Public Boards (Scotland) Act sparked the legal challenge from For Women Scotland (FWS) on the definition of a woman which led to the issue being heard in the UK's highest court. Initially, the guidance stated that transgender women with a Gender Recognition Certificate (GRC) or those living as women would count towards gender balance on public boards. The 2004 Gender Recognition Act, which introduced GRCs, used the terms sex and gender interchangeably. It said a GRC meant someone "becomes for all purposes the acquired gender". READ MORE: Patrick Harvie and Angus Robertson face-off over Israel divestment The anti-trans campaign group disagreed with this definition, and in 2022 took the Scottish Government to court. They initially lost a judicial review, but were then successful on appeal. The Scottish Government then changed guidance to only include trans women with a GRC. This led to FWS calling for a second judicial review, which they lost in December 2022. The case then went to the Supreme Court, with judges ruling in April that women were defined by biological sex under the Equality Act 2010. (Image: NQ staff) FWS raised thousands of pounds via a crowdfunder to take the case to the UK's highest court. They have recently said they would consider further legal action. And now, the Scottish Government has updated the statutory guidance relating to public boards on its official website. An update to the document reads: 'The meaning of 'woman' for the purposes of the Act. 'There is no definition of 'woman' set out in the Act with effect from 19 April 2022 and 22 March 2022. 'By virtue of section 11 and section 212(1) of the Equality Act 2010 references in the Act to a 'woman' or to 'women' are references to a biological woman or women.' READ MORE: Labour U-turn on benefits cuts in bid to win over rebel MPs In April, Social Justice Secretary Shirley-Anne Somerville announced the Scottish Government would make the change to the guidance. She added that the ruling had sparked 'real anxiety' from trans and non-binary people. 'It is significant that the Supreme Court stated that their judgment that the rights of the trans community are enshrined in law and I want to reassure our trans community that you are valued and the Scottish Government is fully committed to protecting everyone's rights and that includes your community,' she said. Following the judgment, the Equality and Human Rights Commissions (EHRC) issued guidance that banned transgender people from using the toilets of their acquired gender. The EHRC has since been forced to change part of the guidance amid a legal challenge of its interpretation of the Supreme Court ruling. It rescinded guidance that stated it was 'compulsory' for workplaces to provide single-sex toilets. The Scottish Parliament, and more recently the House of Commons, have banned transgender people from using the toilets of their acquired gender following the Supreme Court's ruling. Trans women were also banned from playing in women's football and cricket teams.
The National
15-06-2025
- Politics
- The National
For Women Scotland mull new legal action against Scottish Government
The anti-trans campaign group who took the case over the meaning of biological sex to the UK's highest court, and won, has now claimed the key motivation of the case has been lost amongst a growing debate on toilets. The Supreme Court ruled that under the Equality Act 2010, a woman was defined by biological sex, excluding trans people with a gender recognition certificate (GRC). Following the judgment in April, the Equalities and Human Rights Commission (EHRC) issued interim guidance that banned transgender people from using the toilets of their acquired sex. READ MORE: Ian Murray 'does not understand how devolution works', minister says The contentious guidance was branded as 'cruel', and now a consultation, which has been extended, is now underway before full guidance is published. The fallout from the ruling also saw trans women banned from taking part in women's football and cricket. Speaking at a fringe event at the Scottish Conservative conference in Edinburgh this weekend, For Women Scotland (FWS) co-director Susan Smith claimed there has been 'extraordinary pushback' following the judgment. 'We don't want to go back to court, we really, really don't, but if we don't see some action that may be something we will have to consider,' she told journalists afterward. Smith (below, left) said there were concerns about the lack of action by the Scottish Government on prisons and school guidance. 'We have spoken to the Scottish government and asked them to withdraw some of this guidance, just to say that it's under review – they don't have to re-issue anything at this point – because it's clearly unlawful, we really do need some action,' she said. 'They're telling us they have to wait for the EHRC revised guidance and we don't believe this is true.' The EHRC guidance said that it is 'compulsory' for workplaces to offer single-sex toilets and changing facilities. It said that trans women should not be allowed to use women's facilities and trans men should not be allowed to use men's facilities as 'this will mean that they are no longer single-sex facilities and must be open to all users of the opposite sex'. The guidance then went on to say that trans people 'should not be put in a position where there are no facilities for them to use'. READ MORE: UK jets being sent to the Middle East as Keir Starmer refuses to rule out defending Israel Smith claimed there has been too much focus on the issue of toilets. 'I wish we could stop talking about toilets all the time, because that wasn't really the reason we went to court,' she said. 'We went to court about the prisons, about the rape crisis centres, about the hospitals, where people are uniquely vulnerable.' It comes after Harry Potter author JK Rowling, who donated to FWS crowdfunder to take their case to the Supreme Court, set up a fund to challenge public service providers and employers over the issue. 'We really need people to start challenging where they feel that organisations, local councils are not implementing the law,' Smith said. 'We're very fortunate to have the fighting fund that JK Rowling set up and that will make a massive difference because when people start to realise that there's a cost maybe they will start to apply the law.' Current Scottish Prison Service (SPS) guidance states trans women prisoners cannot be housed on the female estate if they have been convicted of serious offences. A spokesperson for SPS said: 'We have received the supreme court's judgment and are considering any potential impact it may have.' The Scottish Government said it has 'been clear that we accept the supreme court judgment'. 'As the judgment relates specifically to the guidance issued under the Scottish Government's Gender Representation on Public Boards 2018 Act and stated that it was incorrect in relation to the definition referred to of 'woman' under the Equality Act, the guidance has now been removed and will be updated shortly to reflect the judgment,' a spokesperson said. 'The Scottish Government has already begun work on implementation. We have established a Short Life Working Group to ensure support and consistency across Government.'
Yahoo
14-06-2025
- Science
- Yahoo
Scientists raise red flag over concerning trend among polar bears — here's why it has bigger implications
The U.S. Fish and Wildlife Service has estimated that there have been sharp declines in Alaska's polar bear population. Alaska polar bears face serious threats because of rising global temperatures and human activity. As Defenders of Wildlife reported, approximately one-tenth of the global polar bear population lives around Alaska's Beaufort Sea and Chukchi Sea. The estimates of their numbers from earlier this year signal that polar bears' livelihood is at risk, and their long-term survival prospects are dim. The FWS estimated that only approximately 819 polar bears are in the Southern Beaufort Sea population. Bears in this region saw a 40% population decline during the 2000s. They are considered one of the most at-risk populations of polar bears worldwide. Along the Chukchi Sea, the FWS estimated the polar bear population to be around 2,937. Although this population is considered more stable than that of the Beaufort Sea, officials aren't fully confident in the accuracy of this number since tracking them is quite challenging. The Alaskan polar bear population's decline is attributed to sea ice declines and behavioral changes, as bears must spend more time on land in the summer. Oil and gas development also threatens polar bear habitats because drilling and dirty energy exploration projects displace them and destroy the resources they need to survive. Declining polar bear populations disrupt the Arctic food chain and the people and animals who rely on the region's natural resources. Polar bears are the top predators in the region and help balance the natural ecosystem. Unfortunately, this isn't an isolated issue to just Alaska. Polar bears also struggle to survive in other regions, while even grizzly bears are dying in increasingly disturbing numbers because of environmental conditions and extreme weather shifts. Polar bear population declines indicate the overall health of the Arctic environment and are a cultural symbol for Indigenous communities. Protecting and rebuilding their populations is crucial to preserving regional biodiversity and cultural heritage. Fortunately, scientists have been improving polar-bear tracking strategies to monitor their populations and inspire conservation efforts. Reducing our world's reliance on dirty energy and choosing clean energy for power can slow the steadily rising temperatures and help protect polar bears. As an individual, you can spread the news about declining polar bear populations by discussing critical climate issues like sea ice melt and oil drilling with people you know. You can also contact your elected officials to urge them to support sustainable policies that protect polar bears. Do you think America is in a housing crisis? Definitely Not sure No way Only in some cities Click your choice to see results and speak your mind. Join our free newsletter for good news and useful tips, and don't miss this cool list of easy ways to help yourself while helping the planet.
Rhyl Journal
14-06-2025
- Politics
- Rhyl Journal
‘We don't want to go back to court', says women's group over gender ruling delay
For Women Scotland (FWS) challenged the meaning of a woman in the Gender Representation on Public Boards (Scotland) Act, with the UK's highest court ruling the definition in the 2010 Equality Act referred to biological sex. The decision is likely to have far-reaching implications for transgender people in accessing services, but the Scottish Government has declined to make changes to guidance until the Equality and Human Rights Commission (EHRC) issues its own guidance, which is expected to take place in the coming months. But speaking at a fringe event at the Scottish Conservative conference in Edinburgh, FWS co-director Susan Smith said the group was considering a further legal challenge against the Government. Speaking to journalists after the event, she said: 'We have spoken to the Scottish Government and asked them to withdraw some of this guidance, just to say that it's under review – they don't have to re-issue anything at this point – because it's clearly unlawful, we really do need some action. 'They're telling us they have to wait for the EHRC revised guidance and we don't believe this is true.' Ms Smith added that, if a woman were to be assaulted in prison by a transgender prisoner, the Government could be taken to court by the victim. 'I think they need to step up and take a bit of responsibility because these things are under their remit,' she said. She added: 'We don't want to go back to court, we really, really don't, but if we don't see some action that may be something we will have to consider.' Ms Smith said the group is speaking with its lawyers but she would not say if there was a timeline for action to begin. The co-director stressed that if ministers were concerned about a challenge to their guidance from the pro-trans rights side of the argument, they should be worried about one from FWS and other such groups too. 'They seem worried about a legal challenge from the other side,' she said. 'But my message to them would be they should be more worried about a legal challenge from the people who have the law on their side.' Ms Smith was joined at the fringe meeting – which was hosted by Tory MSP Pam Gosal – by former foreign secretary James Cleverly. Mr Cleverly was part of the Conservative-led government which blocked the Scottish Government's controversial gender reforms. The Government proposed removing the need for a diagnosis of gender dysphoria as a requirement for obtaining a gender recognition certificate – a process known as self identification. The move was scuppered by then-Scottish secretary Alister Jack, who used Section 35 of the Scotland Act to block the legislation. Mr Cleverly told attendees the move showed the 'importance of the union'. 'This issue was clearly spiralling out of control, badly out of control,' he said.
