John Swinney: NHS must ‘balance needs’ of all staff on single-sex spaces

NHS managers must balance the needs of trans staff with the need for single-sex spaces, the first minister has said.

Responding to questions from Scottish Tory leader Russell Findlay at FMQs, John Swinney said the Equality Act was “crystal clear” in that it protected single-sex spaces.

But he also said the law specified decisions to exclude trans people from such facilities must be made on a “case-by-case basis”, balancing the needs of all users.

Findlay had raised the ongoing employment tribunal involving nurse Sandie Peggie, who has taken legal action against NHS Fife, her employer, after she was suspended following a complaint about a transgender doctor using the female changing facilities.

The Scottish Tory leader accused the SNP of having “put ideology before the rights of women and girls”, which was impacting numerous public services including the NHS, prisons and schools.

He added: “Scotland’s public services waste too much time, energy and money on this nonsense, all because of SNP gender self-ID policy and legislation, with the backing of Labour, the Lib Dems and the Greens.

“Yesterday, astonishingly, John Swinney said he has no regrets. Does he really have no regrets about causing all this harm to women and all this cost to taxpayers?”

Swinney yesterday defended his support for self-ID, saying he does not regret backing the Gender Recognition Reform Bill in 2022.

Responding to Findlay, the FM insisted single-sex spaces were protected in law and accused the Tories of "sowing division".

He said: “The Equality Act 2010 does allow the provision to exclude a trans person from single or separate sex facilities. These kinds of decisions must be made on a case-by-case basis. Mangers must balance the needs of the trans person to use this facilities against the needs of other members of staff. They should also consider if other staff members will experience any disadvantage if the trans person is allowed to use the facility.”