Good afternoon
Many thanks for email.
With regard to your query on definition of Male and Female, this can be found via the following link;
Gender Recognition Reform (Scotland) Bill: consultation - gov.scot (www.gov.scot)
However I have included the relevant part below for ease;
“The Equality Act 2010
General
5.09. As outlined in Chapter 2, the Equality Act 2010 (“the 2010 Act”) is key equality legislation. It is generally a reserved matter for the UK Government and cannot be amended by the Scottish Parliament. A key aim of the 2010 Act is to prevent discrimination against people who belong to one of the nine protected characteristics.[46] The nine protected characteristics include “sex” and “gender reassignment”.
5.10. For “sex” section 11 of the 2010 Act provides—
“In relation to the protected characteristic of sex—
(a) a reference to a person who has a particular protected characteristic is a reference to a man or to a woman.”
5.11. In section 212(1) of the 2010 Act the definition of “woman” is “means a female of any age” and the definition of “man” is “means a male of any age”. Therefore, under the 2010 Act, the protected characteristic of sex includes a reference to a female (of any age) and a reference to a male (of any age).”
As for your second query regarding safe spaces, in general, a ‘safe space’ is a formal or informal place where a group (in this case women) can feel emotionally and physically safe. It is a place which should be free from trauma, violence, harassment, and fear of violence and harassment, one where the beneficiary group can feel safe and able to express themselves without fear of harm. The term ‘safe spaces’ isn’t used in the Equality Act 2010, which instead refers to “separate services”, including “single sex services” in the explanatory notes. The Gender Recognition Act (GRA) respects the Equality Act 2010 and as such will continue to protect ‘safe spaces’, ‘separate services’ or ‘single sex services.’
The recent GRA consultation acknowledged that the Equality Act 2010 allows “organisations to apply exemptions from their services on the grounds of ‘proportionate risk’ to these services. Risks that women and children’s safety might be compromised, for example, could continue to be addressed using Equality Act exemption provisions, where these organisations consider it necessary.” (7.24)
The Scottish Government strongly supports the single sex exceptions in the 2010 Equality Act which allow for trans people to be excluded when this is a proportionate means of achieving a legitimate aim. This means that single sex services, like domestic abuse refuges or rape counselling, are protected - as are single sex employment rights in relation to such services and the delivery of health care services, such as intimate examinations.
The draft Bill on which Scot Gov consulted did not make any changes to the Equality Act 2010. That consultation was clear that further guidance from the UK Government on the operation of these exceptions could be helpful.
The SG is clear that all organisations need to take account the Equality Act when any changes in policy are being considered. All rights—those of women and trans people—must be protected. This includes the protection of women’s safe spaces.
I hope the above information is helpful to you,
Best wishes,
Charlene
To: McPake C (Charlene)
Subject: Re: Please stand up for Women and Children
CAUTION: This e-mail originated from outside of The Scottish Parliament. Do not click links or open attachments unless you recognise the sender and know the content is safe.
Thank you for your reply.
Can you tell me what the definition of “woman” will be for protected spaces, and reassure me that it will not include men, whatever their id?
On 11 Nov 2021, at 17:17, McPake C (Charlene) wrote:
Dear
Many thanks for your email on this important issue.
The Scottish Government has committed to working with trans people, women, equality groups, legal and human rights experts to identify the best and most effective way to improve and simplify the process by which a trans person can obtain legal recognition, so that the trauma associated with that process is reduced. They remain committed to making necessary changes to the Gender Recognition Act that arise from this work at the earliest opportunity, while ensuring these changes do not affect the rights or protections that women currently have under the Equality Act.
The Scottish Government are clear that all organisations need to take account of the Equality Act when any changes in policy are being considered. All rights - those of women and trans people - must be protected. This includes the protection of women’s safe spaces. Guidance is being developed to make sure that policy makers and service providers understand better how to ensure that the rights of women and trans people can be collectively realised.
The Scottish Government strongly supports the single sex exceptions in the 2010 Equality Act which allow for trans people to be excluded when this is a proportionate means of achieving a legitimate aim. This means that single sex services, like domestic abuse refuges or rape counselling, are protected. As are single sex employment rights in relation to such services and the delivery of health care services, such as intimate examinations.
The draft Bill, which underwent public consultation on the 17th December 2019, did not make any changes to the Equality Act 2010. All rights—those of women and trans people—must be protected. This includes the protection of women’s safe spaces. The Government’s support for trans rights does not impact on or conflict with the continued strong commitment to advance equality for women and to protect women’s rights.
Furthermore, the draft Bill did not propose gender recognition for people under 16. The consultation was based on whether the minimum age for applying for legal gender recognition should be reduced from 18 to 16. Under current guidance for schools, if a young person under 16 years old wants to change their name or recorded sex formally on their school record, “it is recommended that consent is obtained from all of those with parental responsibilities for those young people under 16.”
I hope that this brings some re-assurance,
Kind regards,
Charlene
Office Manager & Parliamentary Assistant to Máiri McAllan
MSP for Clydesdale
Charlene.mcpake@