Scotland’s First Minister has indicated he could try to work with an incoming Labour government at Westminster to bring in legislation for gender recognition reform in Scotland.
But John Swinney also insisted it is “really important” to ensure female-only spaces are protected for women and girls.
The Gender Recognition Reform (Scotland) Bill, which had been supported by MSPs from all parties in December 2022, aimed to simplify the process trans people go through to get a gender recognition certificate in their acquired gender.
It introduced self-identification without a medical diagnosis as part of the reforms.
However Scottish Secretary Alister Jack stepped in, using a section 35 order to prevent it from becoming law, saying it interfered with the UK Equality Act.
The Scottish Government later lost a legal challenge to the order in the Court of Session and refused to push the issue further.
On Friday, Mr Swinney told BBC Radio Scotland’s Good Morning Scotland programme: “I think it is really important that the safety and security of women and girls is at the heart of our decision-making.”
When asked if he would seek to work with a Labour government at Westminster to “lift the veto” placed on the legislation, the First Minister said: “I certainly will take that issue forward with the United Kingdom government.”
However, he noted: “From what I have seen by way of public commentary from the Labour Party, they have indicated that is not something they would be prepared to take forward.
“What I want to say on this, I think it is an important point, I think it is important the public hear this in Scotland, is that their First Minister is interested in having a constructive relationship with the United Kingdom government.
“I always have done that as a minister and it’s been very difficult to have a constructive relationship with the United Kingdom Government in the last five years, because their behaviour has been so appalling.
“So I commit myself publicly to engaging with the United Kingdom government after the election and I hope we are in a position to take forward issues that matter to the people of Scotland.”
He also insisted: “I am absolutely wholly committed to protecting the safety of women and girls, and I give that commitment to women and girls in Scotland today.”
Asked directly if he would protect women’s rights to single-sex spaces from all males, regardless of whether they hold a gender recognition certificate, he replied: “Yes I would do that. I think that is provided for in the Equality Act 2010.
“But I think it is really important that the safety and security of women and girls is at the heart of our decision-making.”
Scottish Labour leader Anas Sarwar insisted the Scottish Government first needs to address issues with the “flawed” legislation.
He said the Bill passed by Holyrood was devolved legislation but it had been “blocked” because it “negatively interacted with the Equality Act”.
Adding this was “something the SNP reassured us would not happen”, Mr Sarwar said: “As it currently stands the legislation is flawed and those flaws have to be corrected, appropriate safeguards put into the legislation as well.
“That is a matter for us in the Scottish Parliament.
“What we have to do is make sure we recognise the primacy of the Equality Act and protect those single-sex spaces.
“That negative interaction with the Equality Act is the reason why we are currently in the situation we are in.
“We have always said we support the primacy and recognise the primacy of the Equality Act, and that we have to protect single-sex spaces based on biological sex.”
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