First Minister John Swinney has defended NHS guidance on transgender people’s access to changing rooms as he faced questions in Holyrood on the Sandie Peggie case.
The Perthshire MSP refused to comment on the ongoing tribunal, brought after a veteran nurse sued NHS Fife and A&E doctor Dr Beth Upton over the medic’s use of a female changing room.
He pointed to a 2008 law which bars the first minister and other government ministers from influencing judicial decision making.
But the first minister did defend the current guidance for NHS bosses, which says decisions to exclude trans people from single-sex spaces should be made on a case-by-case basis.
“That is the position and guidance supported by law,” he insisted.
But Scottish Conservative leader Russel Findlay said SNP health secretary Neil Gray had been warned the NHS was “ignoring women’s fundamental rights under the Equality Act”.
On Wednesday, Neil Gray insisted he had confidence in NHS Fife’s leadership despite the tribunal.
NHS guidance ‘confirms women’s rights are not protected by NHS’
Criticising the guidance referred to by Mr Swinney, Mr Findlay said: “This official document confirms that women’s rights to single-sex spaces are not protected in the NHS.
“The document has no disappeared from the NHS website. Has this guidance been scrapped, and if it has not will John Swinney do so?”
Mr Swinney said guidance criticised by the Tory leader says that the law does include provisions to exclude a trans person from single-sex spaces.
“These kinds of decision must be made on a case-by-case basis. Managers must balance the needs of the trans person to use this facility against the needs of other members of staff.
“They should also consider if other staff members will experience disadvantage if the trans person is allowed to use the facilities,” he said, quoting from the guidance.
The session of First Minister’s Question became ill-tempered at points, with John Swinney accusing the Scottish Conservatives of sowing division.
He had been accused of focusing on the “fringe issue” of gender ideology rather than improving public services.
The first minister fired back: “I will take no lessons from Mr Findlay who has no interest in the prospects and future of the people of Scotland.
“He’s only here to support division. I’m here to bring people together.”
SNP ‘obsessed with fringe issues’
Speaking after the question and answer session, Mr Findlay said: “This mess is happening because of the SNP’s gender self-identification policy and their obsession with fringe issues.”
He added: “My party believes all government time and money should be devoted to fixing Scotland’s public services, not on radical fringe policies.
“That’s where we stand and it’s where mainstream Scotland stands too, but John Swinney just doesn’t seem to get it.”
