Meeting of the Parliament 12 March 2025
Alex Cole-Hamilton is right to point to the basis of the legislation, the reasons why it was introduced and why it remains just as important now as it was at its introduction. I repeat the message that we have made before, which is that the Scottish Government strongly supports the separate and single-sex exemptions in the 2010 act.
Over the past few weeks, the Scottish Conservatives have asked multiple questions in the Parliament in relation to single-sex spaces. The Scottish Government has answered those questions in full and, each time that they have been raised, we have reminded the Conservatives that the 2010 act is largely reserved and that the Equality and Human Rights Commission is responsible for its enforcement. It is the responsibility of all public bodies in Scotland to interpret and comply with the 2010 act. That is the law.
We welcome the role of the EHRC in producing codes of practice and guidance for public bodies in Scotland to help them to navigate their statutory obligations under the 2010 act. That includes a guide for separate and single-sex service providers. The guidance also states that organisations might need to consider the impact of other legislation such as the legal requirements for health and safety in workplaces.
Some powers have been given to Scottish ministers under the 2010 act, such as the public sector duty regarding socioeconomic inequalities and specific duties enabling the better performance of the public sector equality duty. However, key provisions of the 2010 act on matters such as discrimination and on the various protected characteristics, such as sex and gender assignment, are reserved.
Public sector bodies in Scotland are responding to their obligations under the 2010 act. NHS Scotland provides guidance through the charter of patients’ rights and responsibilities. The charter was last updated in 2022 and is required to be updated every five years, with the next scheduled update taking place in 2027.
The Scottish Prison Service issued operational guidance in February 2024 to support implementation of the management of transgender people in custody policy, which was published in December 2023. That guidance is to ensure that the rights and needs of transgender people are protected, while ensuring a safe and inclusive environment for everyone in the care of the SPS and those who work for it.
Police Scotland is conducting a review of sex and gender, with an aim to improve the terminology, recording practices and use of sex and gender across the organisation. The review aims to achieve an outcome that is consistent with inclusivity, legal obligations and operational requirements, and that respects individuals’ rights and dignity. However, the chief constable is responsible for policing and is accountable to the Scottish Police Authority for that and not to Scottish ministers.
The EHRC’s technical guidance for schools sets out clear advice and guidance on the provisions of the 2010 act as they apply to schools in relation to the provision of education and access to benefits, facilities or services, both educational and non-educational. It provides authoritative, comprehensive and technical guidance to the detail of the law.