Government accused of âcowardiceâ in gender row
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The Scottish Conservatives have accused ministers of âmoral cowardiceâ after their calls for a statement on public sector workersâ access to single-sex spaces were rejected at Holyrood.
The Tories called for the Scottish government to provide clarity on the issue amid an ongoing employment tribunal.
NHS Fife nurse Sandie Peggie is challenging the health board after she was suspended following a complaint about sharing a changing room with a transgender colleague.
Parliamentary business minister Jamie Hepburn cited a lack of time, short notice, and the live legal proceedings as the reasons why the government would not provide a statement to parliament.
The government later issued a statement saying it supports provisions under the Equality Act 2010 which allow for trans people to be excluded from some spaces when its it a âproportionate means of achieving a legitimate aimâ.
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Ms Peggie claims she was subjected to unlawful harassment by being made to share a changing room at Victoria Hospital, Kirkcaldy, with Dr Beth Upton â who is a transgender woman.
Her claim is disputed by the health board and the doctor. Following hearings last week, the tribunal has been adjourned until July.
The Scottish Conservatives submitted requests for topical, urgent and first ministerâs questions on the issue of single-sex spaces in the public sector.
However, these were all rejected by the presiding officer Alison Johnstone, who ended up in a heated exchange with Conservative MSP Douglas Ross over the matter. Only a limited number of questions are selected each week.
The Tories attempted to amend the parliamentary schedule to include a statement from the government, but this was voted down by MSPs.
Tabling the amendment, Conservative MSP Tess White said: âThe situation that has arisen in NHS Fife speaks volumes about what is happening behind closed doors in Scotlandâs public sector under this SNP government.â
She added: âWomen are watching today. The public have had enough of the recent abdication, obfuscation and moral cowardice from this government.â
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Hepburn insisted the government was not âafraid of being held to account by the chamberâ but said there was already a âbusyâ parliamentary schedule.
He also said there was an âinherent dangerâ of breaking âsub judiceâ rules, which prevent MSPs from speaking about active legal proceedings without the permission of the presiding officer.
âThat would not be fair to any party taking partâ in the employment tribunal, Hepburn said.
Conservative MSP Murdo Fraser pointed out that the NHS Fife tribunal was not a criminal case, where a jury could be swayed by comments in parliament. He said a ministerial statement would pose no ârisk of prejudiceâ.
Hepburn called Fraserâs point ânonsenseâ, saying that sub judice rules also applied to civil cases. âItâs a live case,â he told MSPs. âAnd we need to be careful what we say.â
He added that the amendment was tabled âbeyond the 11th hourâ. âItâs not good enough to come to ask ministers to make a statement the same day,â Hepburn said.
A Scottish government spokesperson later said ministers expect âall relevant organisations to comply with the requirements of the Equality Act 2010â.
They added: âAs employers, organisations may need to consider the impact of other legislation, such as the requirements of the law on health and safety in workplaces.
âThe Scottish government supports the separate and single sex exceptions in the Equality Act 2010, which can allow for trans people to be excluded when this is a proportionate means of achieving a legitimate aim.â
Point of order
After the amendment was voted down, Ross made a point of order to ask the presiding officer for guidance on how Conservative MSPs could ask a question about access to single-sex spaces in the public sector.
He acknowledged it was âfrowned uponâ for MSPs to challenge the decisions of the presiding officer, but called for clarity over the issue.
He said it was ânot rightâ that all Scottish health boards might have to wait until the tribunal reconvenes in July âbefore they get the answers from government ministers in this parliamentâ.
Johnstone replied: âIn line with long-standing convention and in common with my predecessors I do not give reasons for selection decisions.
âI consider each question lodged carefully and in line with published criteria. There are many important questions submitted each week.â
In a heated exchange, she said she did not expect challenges to her âauthorityâ, adding that members had opportunities throughout the week to raise the issue.
After Ross repeatedly shouted out âwhenâ from his seat, Johnstone rebuked him.
âYou are an experienced member of this parliament and I am sure you are wholly aware of the opportunities that are available to you,â she said.
Ross then raised another point of order, asked the presiding officer what opportunities he would have to raise the issue as she had ârefusedâ his partyâs previous requests for questions in the chamber.
She replied: âI have explained the situation quite clearly. I am not sitting here explaining matters that you understand wholly thoroughly.â