Issue - meetings

Notice of Motion by Councillor Macdonald

On 16 April 2025 the Supreme Court judgement in the For Women Scotland v The Scottish Ministers case was delivered. This gave an unequivocal ruling that women’s rights are protected in law, as well as highlighting the continued protections for trans people under the Equality Act.

The Supreme Court unanimously agreed that the terms ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 refer to biological sex. Holding a Gender Recognition Certificate does not change sex for the purposes of the 2010 Act.

The court ruling makes clear that the law protects women’s rights to single-sex spaces and services.

As a consequence, the UK, Welsh and Scottish Governments, regulators and public bodies will now require to review and clarify their policies and guidance.

That Council agrees that in addition to reviewing all Council policies, procedures, guidance and training materials to ensure compliance with the Supreme Court ruling, the Chief Executive Officer should seek assurance from any services run or commissioned by the Council for compliance to the same end.

That Committee notes:

(i)       on 16 April 2025 the Supreme Court judgement in the For Women Scotland v The Scottish Ministers case was delivered;

(ii)       the Supreme Court unanimously agreed the terms ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 mean biological sex i.e. sex recorded at birth,  and holding a Gender Recognition Certificate does not change sex for the purposes of the 2010 Act. The Court also confirmed that trans people are protected from discrimination under the gender reassignment provisions of the Act;

(iii)      as a consequence of this judgement, the UK, Welsh and Scottish Governments, regulators and public bodies will now require to review and clarify their policies and guidance as will employers and service providers.  The Equality and Human Rights Commission is in the course of updating statutory  Codes of Practice which will include practical guidance for service providers, associations and those delivering public functions on how they should comply with the Act;

(iv)      the ongoing work of Officers to review and update policies and guidance for staff and building managers to ensure compliance with the judgment in For Women Scotland Ltd is noted, as well as the importance of sensitive and inclusive implementation, avoiding unlawful discrimination and maintaining a culture of dignity and respect for all employees and citizens; and

(v)      the Council awaits the updated statutory guidance from The Equality and Human Rights Commission and guidance from The Scottish Government to ensure that the changes made to policies and guidance is fully compliant with the Equality Act.

The Committee had before it a Notice of Motion from Councillor Macdonald, referred from Council on 2 July 2025, in the following terms:-

On 16 April 2025 the Supreme Court judgement in the For Women Scotland v The Scottish Ministers case was delivered. This gave an unequivocal ruling that women’s rights are protected in law, as well as highlighting the continued protections for trans people under the Equality Act.

The Supreme Court unanimously agreed that the terms ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 refer to biological sex. Holding a Gender Recognition Certificate does not change sex for the purposes of the 2010 Act.

The court ruling makes clear that the law protects women’s rights to single-sex spaces and services.

As a consequence, the UK, Welsh and Scottish Governments, regulators and public bodies will now require to review and clarify their policies and guidance.

That Council agrees that in addition to reviewing all Council policies, procedures, guidance and training materials to ensure compliance with the Supreme Court ruling, the Chief Executive Officer should seek assurance from any services run or commissioned by the Council for compliance to the same end.

Councillor Macdonald was in attendance and spoke in support of her Notice of Motion.

Councillor Macdonald moved, seconded by Councillor Thomson:-

That the Committee approve the Notice of Motion.

The Convener, seconded by the Vice Convener, moved as an amendment:-

That the Committee –

Note that on 16 April 2025 the Supreme Court judgement in the For Women Scotland v The Scottish Ministers case was delivered.

The Supreme Court unanimously agreed the terms ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 mean biological sex i.e. sex recorded at birth,  and holding a Gender Recognition Certificate does not change sex for the purposes of the 2010 Act. The Court also confirmed that trans people are protected from discrimination under the gender reassignment provisions of the Act.

As a consequence of this judgement, the UK, Welsh and Scottish Governments, regulators and public bodies will now require to review and clarify their policies and guidance as will employers and service providers.  The Equality and Human Rights Commission is in the course of updating statutory  Codes of Practice which will include practical guidance for service providers, associations and those delivering public functions on how they should comply with the Act.

The ongoing work of Officers to review and update policies and guidance for staff and building managers to ensure compliance with the judgment in For Women Scotland Ltd is noted, as well as the importance of sensitive and inclusive implementation, avoiding unlawful discrimination and maintaining a culture of dignity and respect for all employees and citizens. 

The Council awaits the updated statutory guidance from The Equality and Human Rights Commission and guidance from The Scottish Government to ensure that the changes made to policies and guidance is fully compliant with the Equality Act.

On a division, there voted:- for the motion (4) – Councillors Boulton, McLeod, Thomson and Tissera; for the  ...  view the full minutes text for item 4