Gender critical campaigners have sent a further “letter before action” to the Scottish Government, calling on ministers to make a statement on its policy around access to toilets in government properties.
Sex Matters, which intervened in the For Women Scotland case against which went to the Supreme Court, are threatening a lawsuit against Scottish ministers – with the latest letter demanding action by a deadline of next Wednesday.
The Supreme Court’s ruling in April said the words “woman” and “sex” in the Equality Act 2010 refer to a biological woman and biological sex.
Sex Matters say the government must make a statement that all single-sex facilities on its estate must be interpreted as meaning biological sex.
Ministers, including John Swinney, say they accept the judgment and have convened a working group to review their policies, as well as having discussions with the Equalities and Human Rights Commission.
The campaign group, led by Maya Forstater, sent its first letter before action in June and another was sent to Scottish Government officials on Wednesday.
The latest letter gives the government seven days to respond and says: “To the extent that the Scottish Government does not immediately stop the unlawful practices set out in this letter we may decide to commence proceedings without further warning.”
It notes there are 1,016 toilets across the government’s core estate, in a mixture of unisex and separate-sex facilities.
The letter calls on the government to make a statement that “all facilities designated as male or female within the Scottish Government estate are to be interpreted as meaning biological sex, and that gender-neutral options are widely available”.
A Scottish Government’s official responded to Sex Matters’ previous letter, saying they accept the Supreme Court ruling.
The letter, dated June 27, said: “We are now taking action to implement the ruling.
“This includes the establishment of a short life working group to review existing policies, guidance and legislation which may be impacted by the judgment.
“The work of this group is under way and covers all relevant portfolios across government.
“This work is enabling us towards a state of readiness to take all necessary steps to implement the ruling.”
Commenting on the campaigners’ letter, Scottish Conservative MSP Tess White said: “The SNP Government must stop dragging its heels.
“The Supreme Court ruling was crystal clear, and so was the Equalities and Human Rights Commission’s guidance in the wake of it, so there is no excuse for the SNP failing to comply fully with the law now.
“Indeed, their failure to do so is leaving the Scottish Government and its public bodies open to the legal challenge Sex Matters are threatening.”
The government has been approached for further comment.
