Tardy tartan councils ignore law

Almost 16 months after the UK Supreme Court settled the meaning of ‘man’ and ‘woman’ in law, Scottish councils are still fondling their sporrans instead of getting on with protecting single-sex spaces. 

The National asked Scotland’s 32 local authorities how they intended to respond to the EHRC’s new statutory Code of Practice. The replies show many are still “reviewing”, “considering” or “assessing” what changes are needed, despite the Code coming into force on August 5.

This tardiness echoes the findings of an earlier investigation by Women’s Rights Network Scotland. Its Waiting Shame Scotland report found “Not one single Scottish council has achieved full organisation-wide compliance with clear biological sex-based policies, communications, and training. Even the ‘strongest response’ councils have only taken limited or temporary measures.”

Edinburgh City Council has covered itself in woad and commenced battle, formally condemning the EHRC Code as “discriminatory against trans people, unworkable and potentially incompatible with the European Convention on Human Rights”.

In June, its councillors backed a motion condemning the guidance. The authority now plans a “full feasibility study” to establish what changes are required to its estate.

Midlothian Council, meanwhile, told The National it was waiting for feedback from the Scottish Government before deciding whether to implement the Code in full.

Holyrood promptly chucked the question back.

“It remains the responsibility of employers, service providers and public bodies to interpret and comply with their legal obligations under the [Equality] Act,” a Scottish Government spokesperson told the National.

Others have managed to reach a decision. Fife Council said it would implement the guidance in full, while Comhairle nan Eilean Siar, the Western Isles authority, also intends to implement it and has already taken decisions over toilet provision.

Stirling was clear: “Stirling Council will comply with the law and is reviewing its practice to ensure compliance.” Sadly, such forthright clarity is the exception across Scotland.

Mary Howden, spokeswoman for Women’s Rights Network Scotland, told TERF Times: “Sadly, it is no surprise that Scottish councils are still ignoring the law or dragging their feet.

“Our Waiting Shame Scotland report, based on Freedom of Information requests after the Supreme Court ruling, showed the scale of the problem: zero out of 32 councils had achieved full, organisation-wide compliance, with clear biological-sex policies, staff communications and training.

“Many were simply ‘waiting for guidance’, even though the ruling itself is the law.”

Howden said Edinburgh was the “most brazen” example, but added: “The wider pattern of prolonged reviews, hedging and delay continues to leave women and girls without the single-sex spaces they need.

“It is hard to imagine that councils would treat any other aspect of the law with such casual disregard. That they are prepared to do so here is a clear message that the human rights of women and girls don’t matter. Councils must stop stalling, update policies and facilities, issue clear staff instructions, and enforce the law.”