The judgment from the Supreme Court in the case of For Women Scotland v Scottish Ministers was unanimous and clear. The term “woman” in the Equality Act 2010 relates to biological sex.
The Scottish Government has, however, got itself into a position in which it encouraged practice to get ahead of the law. The Government has issued guidance to a range of public bodies, including the NHS, that now needs to be revised at considerable cost to those organisations in time and money. It is not just a matter for the EHRC. Can the minister set out the timetable for the Scottish Government producing revised guidance, and can she advise members when it will be implemented in the NHS and across the public sector?
It is also the case that the SNP Government’s track record in relation to legal action is poor, whether such action is related to aspects of the Salmond inquiry and former First Minister Nicola Sturgeon or to the Supreme Court action on an independence referendum. There have been at least 10 failed cases and this is another case for which the taxpayer is picking up the tab. Can the minister advise the Parliament how much taxpayers’ money has been spent on defending this case and all the other unsuccessful legal actions taken by the Government?