Health Secretary Neil Gray, Pam Gosal MSP and Jackie Baillie MSP.
by Bill Heaney
Health boards must ensure that all their facilities comply with relevant legislation on single sex spaces, including the Equality Act 2010.
Health Secretary Neil Gray told the Scottish Parliament earlier today: “We have written to health board chief executives to reiterate the importance of ensuring that the law is followed following the Supreme Court judgment.”
Pam Gosal, the Conservative group deputy leader, drew his attention to the Darlington employment tribunal found that employers had indirectly discriminated against female nurses when they allowed a biological male to use single-sex changing areas.
Ms Gosal said: “That case re-emphasises what we already know: the definition of a woman is based on biological sex.
“Sadly, the Scottish National Party Government continues to betray women in Scotland by refusing to instruct all Scotland’s public bodies to uphold the Supreme Court ruling.
“Is the Scottish Government prepared for more legal challenges funded by the taxpayer to keep defending the indefensible?”
Neil Gray redplied: “We accept the Supreme Court ruling. The Scottish Government has made it clear that it accepts the Supreme Court ruling and it is taking forward the detailed work that is necessary following it.
“Every key area of Government that is or might be affected by the Supreme Court judgment is carrying out assessments across legislation, guidance and policies.
“We have updated our guidance for the Gender Representation on Public Boards (Scotland) Act 2018, amended the public appointments recruitment process for public bodies that are subject to the act, moved to an interim trans and non-binary inclusion policy for Scottish Government staff and written to health board chief executives to reiterate the importance of ensuring that the law is followed and that the Supreme Court judgment is implemented. Engagement with health boards is on-going.”
Dumbarton MSP Jackie Baillie said: “The Scottish Labour Government ended the use of mixed-sex wards in the NHS in 2005 but, in response to a freedom of information request in 2024, only two health boards—NHS Dumfries and Galloway and NHS Orkney—confirmed that they offered single-sex accommodation across all their wards.
“What assessment has the Scottish Government carried out of the number of mixed-sex wards? Will it ensure that all wards in NHS hospitals operate as single sex?”
Neil Gray assured her: “Since 2005, we have expected NHS boards to ensure that all their facilities comply with the guidelines and recommendations on the elimination of mixed-sex accommodation.
“Further guidance concluded that there should be a presumption of 100 per cent single rooms in future hospital developments. That is confirmed as policy for NHS Scotland except in exceptional circumstances that are set out.
“The responsibility for complying with the requirements of the Equality Act 2010 rests with individual organisations.”
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