Murray: Single-sex spaces row will rumble on if ministers don’t provide guidance

The Scottish Secretary has warned that the row over single-sex spaces will “rumble on” unless the Scottish Government provides clear guidance on the issue.

Ian Murray said any confusion was a “symptom of the mess” created by the SNP over the last decade.

Speaking on a visit to Edinburgh, he said it is “very clear” in the Equality Act 2010 that singles-sex spaces for women and girls are legally protected.

It coincides with an employment tribunal against NHS Fife that was brought by Sandie Peggie, a nurse who was suspended after objecting to sharing a changing room with a trans doctor.

The Scottish Conservatives have called for ministers to issue a statement clarifying whether trans women should have access to female-only spaces.

Mr Murray, whose party leadership has backed Ms Peggie and U-turned on its support for gender self-ID, agreed that clarity is needed.

Asked if that applied to areas such as changing rooms and schools, he told the PA news agency: “It’s a symptom of the mess that they’ve made over the last 10 years on this particular subject.

“Labour’s Equality Act 2010 is very clear that single-sex spaces for women and girls, in the example that you’ve given, are protected, they’re protected in legislation.

If they do not sort this out this issue will continue to rumble on and it will be uncertain for people who are running these educational faculties or sporting facilities or anywhere else there's a question about single-sex spaces.

“But what’s happened, because of the mess that the Scottish Government have made of this, is we’re now all having to reclarify what that actually means.

“The legislation is in place and I think it’s up for the Scottish Government how to come out, produce the guidance, show people what the legislation actually does and actually means and to get on with doing that as quickly as possible.

“At this moment in time all we’re doing is sitting here asking questions about what is a single-sex space, how is it used, how is it protected and the legislation is pretty clear on that already.”

Mr Murray said while single-sex spaces in schools are already protected in the Equality Act, it was up to the Scottish Government to provide guidance north of the border.

“But until they do that we are in a situation where everything is in flux and you can continue to ask the questions that I don’t know the answer to on the basis that we need clarity from the Scottish Government and what they mean,” he said.

“If they do not sort this out, this issue will continue to rumble on and it will be uncertain for people who are running these educational faculties or sporting facilities or anywhere else there’s a question about single-sex spaces.”

Earlier this week, Scotland’s equalities minister said she did not know “for a fact” that all hospitals and health boards in Scotland were following the law on single-sex spaces.

Kaukab Stewart told Holyrood’s Equalities Committee that she could not “sit here and say every single hospital or local board” is complying with equalities regulations.

But she added that the Scottish Government has been clear that all public bodies should follow the law, including the Equality Act 2010.

A Scottish Government spokesperson said: “The Scottish Government expects all relevant organisations to comply with the requirements of the Equality Act 2010.

“We have been clear in our support for the separate and single sex exceptions in the Act, which can allow for people to be excluded when this is a proportionate means of achieving a legitimate aim.

“As employers, organisations may need to consider the impact of other legislation, such as the requirements of the law on health and safety in workplaces.”