Oh FFS,
The EqIA - impact on women - none
" A number of respondents to the previous consultation raised concerns about the implications of legal gender recognition for women.
Concerns included:
• access to women’s safe spaces;
• risk of abuse;
• women’s sports;
• intimate medical care;
• the accuracy of statistical information in areas
such as crime recording or equality
monitoring;
• freedom of speech.
The Scottish Government is of the view that there is lack of evidence that including trans women in women-only services and spaces has negative impacts.
The 2010 Act has a number of specified exceptions to the general provisions on non-discrimination. Some of these exceptions are directly relevant when considering the position of women in relation to gender recognition. Organisations and service providers can, when appropriate, make use of the exceptions in the 2010 Act to exclude trans people. However, the exceptions have to be used in a
proportionate way, and to achieve a legitimate aim.
On sport, section 195 of the 2010 Act contains provision allowing, in certain specified circumstances, restrictions on trans people
participating in sport to be imposed if necessary to uphold fair competition or the safety of competitors.
On single sex services, the 2010 Act allows women-only services and allows services to exclude trans women in certain specified circumstances when it is proportionate and in pursuit of a legitimate aim.
Paragraph 28 of schedule 3 the 2010 Act sets out the exception which relates to trans persons, and provides:
(1) A person does not contravene section 29,
so far as relating to gender reassignment
discrimination, only because of anything done
in relation to a matter within sub-paragraph (2)
if the conduct in question is a proportionate
means of achieving a legitimate aim.
(2) The matters are—
(a) the provision of separate services for
persons of each sex;
(b) the provision of separate services
differently for persons of each sex;
(c) the provision of a service only to persons
of one sex.
This provision would, for example, allow the operator of a domestic abuse refuge designed for women only to exclude a trans woman from the service if the operator judges that this is a proportionate means of achieving a legitimate aim. This is likely to involve carrying out a risk assessment to balance the needs
of all parties: the trans person; other users of the service and staff.
On data, the Scottish Government has established a working group on sex and gender in data.
On freedom of speech, the Scottish Government is fully committed to this and there are provisions in the European Convention on Human Rights to protect freedom of speech.
Given the various provisions in this area, we have ticked the “none” box."