We have written to the Scottish Parliament’s Corporate Body following the announcement that they will ban trans women from women’s toilets and trans men from men’s toilets.

You can read our letter here: Scottish Trans and Equality Network letter to Scottish Parliament Corporate Body 9.5.25 (PDF)

It is also reproduced in full below:

Dear Members of the Scottish Parliament Corporate Body,

We are writing to you following the announcement that the SPCB has taken the decision to restrict access to female and male toilets across the parliamentary estate on the basis of “biological sex”.

We think that this decision is rushed, will be unworkable, and will exclude trans people from participating in Scottish democracy, whether as staff or as visitors to the Parliament. We are particularly concerned about describing this change as one that will bring “confidence, privacy and dignity” to everyone working in or visiting the building. For trans people, it will do the complete opposite.

We note that you say that this decision has been informed by the recent judgment in For Women Scotland vs. Scottish Ministers about the meaning of the words “sex”, “man” and “woman” in the Equality Act 2010, and by the subsequent interim update from the EHRC on implications of the judgment.

Rushed

The interim update from the EHRC has no statutory basis and was issued with no outside consultation, including no consultation with the UK Government or Parliament, as is required for any change to their statutory guidance.  As I’m sure you are aware, they will be consulting on a draft Statutory Code of Practice imminently, that will require the approval of the Secretary of State, and will then be laid at Westminster to consider. There is no certainty that the content of the interim update published earlier this month will reflect the final advice provided on the provision of toilet facilities in that updated Statutory Code of Practice.

Even if the decision to ban trans women from women’s toilets and trans men from men’s toilets does come to reflect the position in that forthcoming Statutory Code of Practice, it is our view that the SCPB should have taken more time to consult on the most appropriate way forward. The announced policy on provision of facilities seems to create a situation where the vast majority of toilets will be provided on a female-only or male-only basis, restricted based on “biological sex”. This will make trans people using gender neutral toilets hyper-visible, causing fear, anxiety and discomfort. It will likely out trans people to colleagues and to other visitors. Consulting with users of the building may have resulted in a different decision about the mix of facilities to provide.

Unworkable

 We have real concerns about how the announced change of policy can be practically enforced, without severely impacting on the privacy and dignity of all staff and visitors at Parliament, whether trans or not. Has the SPCB given any consideration to how they intend to direct staff to enforce the policy? Will people’s appearance be scrutinised when entering toilet facilities? If there is uncertainty about someone’s “biological sex”, what will the process be for verifying this?

Exclusionary

Most importantly, this change will make trans people feel significantly less welcome at Parliament – whether as staff or as visitors. Trans people already avoid public toilets frequently – 80% of trans people have avoided them due to fear of being harassed, being read as trans, or being outed. Policies to restrict the use of toilets on the basis of “biological sex” and/or to insist that trans people must use separate, segregated facilities from others will make this worse.

Trans people have been using toilets in line with our gender identities across Scotland and the UK for decades. Changes to policy and practice to restrict trans people’s access to facilities on the basis of our “biological sex” after the Supreme Court judgment will profoundly change trans people’s ability to participate in public life as who we truly are.

If banning trans women from women’s toilets and trans men from men’s toilets turns out to be a genuine requirement of the recent Supreme Court judgment once the Statutory Code of Practice is in place, then we do not expect Parliament to ignore or to flout the law. But we do expect parliamentarians to be honest and to show leadership when laws are clearly unjust, and cause harm to groups of people.

We cannot understand why this decision has been described as one that will bring “confidence, privacy and dignity” to everyone. It will not do so for trans people. It will exclude us and segregate us in the heart of Scotland’s democracy.

Yours sincerely,

Vic Valentine,
Scottish Trans Manager

Dr Rebecca Don Kennedy
CEO, Equality Network