Tory MSP raises concerns about more NHS boards operating ‘potentially unlawful’ single-sex space policy

A Tory MSP has raised concerns that numerous NHS institutions could been operating a “potentially unlawful” policy on access to single-sex facilities.

Tess White said that by allowing a trans doctor to use a female changing room, NHS Fife appeared to have “skipped” its obligation to assess and review policies against the aims of the Equality Act.

She said that in doing so, the health board “may have failed to comply with its legal obligations to assess the impact of its policies on women”.

Expressing concern that this issue may go beyond NHS Fife, White asked: “How many other NHS institutions operate this potentially unlawful policy?”

Social Justice Secretary Shirley-Anne Somerville said the government “absolutely expect” public bodies to act in line with the legislation.

She added that ministers are happy to discuss helping public bodies comply with their obligations with the Equality and Human Rights Commission (EHRC), the regulator.

The topic was raised after the EHRC last week wrote to NHS Fife and health secretary Neil Gray regarding “media coverage about policies and practices relating to access to single-sex changing facilities for staff”.

It urged the government to consider how it can “play a role” in ensuring bodies meet their legal obligations.

NHS Fife is currently involved in an employment tribunal relating to disciplinary action taken against nurse Sandie Peggie.

Peggie had complained about the use of the female changing room by Dr Beth Upton, a trans woman.

Somerville said the government was “considering” the letter from the EHRC but added: “This government stands firmly behind the separate and single-sex exemptions provided in the 2010 Act. Members will be aware this allows for trans people to be excluded when this is a proportionate means of achieving a legislate aim.”

But White called on ministers to “protect single sex spaces for biological women”.

Alba MSP Ash Regan suggested confusion over the matter meant single sex spaces were “open to anyone who identifies into them”, and called for the upholding of public sector duties to be a “condition of their funding”.

SNP MSP Joe Fitzpatrick asked about protections for the trans community.

Somerville said the government would “continue to support” trans people but added: “We will not do that in a way that provides any doubt on our commitment to the Equality Act and ensuing single sex space exemptions exist and have practical effect.”