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EXCLUSIVE: SNP health secretary Neil Gray backs NHS Fife over trans tribunal ‘secrecy’ row

The health board is refusing to say how much it has spent defending its case against Kirkcaldy nurse Sandie Peggie.

SNP health chief Neil Gray. Image: PA.
SNP health chief Neil Gray. Image: PA.

SNP health chief Neil Gray has backed NHS Fife’s decision not to say how much it has spent on the controversial transgender tribunal.

The health board was accused of “secrecy” for keeping the total sum of taxpayers’ cash spent defending itself against Kirkcaldy nurse Sandie Peggie.

Sandie Peggie is suing her employer for discrimination and harassment, saying she was forced to a share a changing room with transgender doctor Beth Upton.

The Courier submitted a Freedom of Information request asking for the cost of the employment tribunal to the public purse so far.

Fife nurse Sandie Peggie. Image: Alan Richardson/DC Thomson.

But NHS Fife says it does not have to share the figure because doing would involve disclosing “personal information”.

Health Secretary Mr Gray stood by the health board when asked if bosses should come clean on how much cash has been spent.

“That’s for NHS Fife to determine, and I would respect the fact that it’s up to them to release that information,” he said, speaking to The Courier in Glasgow.

“If there are reasons that NHS Fife is giving as to why that cannot be disclosed at this time, I would understand and respect that.

“I think it would be legitimate for them to take all of the considerations that they must in whether or not they can disclose that information.”

Dr Beth Upton at the NHS Fife tribunal. Image: Kenny Smith/DC Thomson.

Asked again, he said: “I think it’s a decision for Fife.”

NHS Fife is providing legal counsel to A&E medic Dr Upton, who Ms Peggie is also suing.

The health board and Dr Upton are being represented by Jane Russell KC.

It’s estimated top employment barristers like Ms Russell can charge up to £650 per hour.

Mid Scotland and Fife Tory MSP Murdo Fraser previously said there is a “legitimate public interest” in knowing how much the case has cost.

Murdo Fraser
Scottish Conservative MSP Murdo Fraser. Image: Andrew Cowan/Scottish Parliament.

He told The Courier: “Neil Gray is ducking his responsibilities as health secretary here.

“Surely has an interest in ensuring NHS Fife is both spending public funds appropriately, and being transparent about outgoings.”

NHS Fife originally tried to fight the tribunal in private and did not want Dr Upton’s identity to be made public.

This was rejected by a judge.

The employment tribunal – which started on February 3 – has heard two weeks of initial evidence.

Ms Peggie and Dr Upton both spoke out their changing room row on Christmas Eve in 2023.

The tribunal reconvenes on July 16.