Badenoch: Scotland’s public bodies could be breaking law on single-sex spaces

There is “serious potential” that Scotland’s public bodies are breaking the law by allowing trans people into sex-single spaces, Kemi Badenoch has said.

Speaking to reporters on her first visit to Scotland since becoming Conservative leader in November, she accused the Scottish Government of confusing sex and gender.

Mrs Badenoch said ministers have not done “anything, in my view, anywhere close to giving the appropriate guidance” to public organisations.

She said the “concept of gender identity”, as used by the SNP, “is not often established in law”.

Her comments in Glasgow came as the Scottish Tories continue to attack the Scottish Government on single-sex spaces, as leader Russell Findlay said women’s rights have been “set on fire” by the SNP.

Ministers have been urged to provide clarity on the issue to public bodies amid an employment tribunal between nurse Sandie Peggie and NHS Fife.

Ms Peggie was suspended by the health board after an incident with transgender doctor Beth Upton in a female changing room, who made an allegation of bullying and harassment.

The veteran nurse took action against the board and Dr Upton, thrusting the issue of single-sex spaces and transgender rights into the limelight.

After a tour of the BAE Systems shipyard in Govan, Ms Badenoch was asked whether public bodies could be breaking the law by allowing biological males into female-only spaces.

“Yes, they have a serious potential of breaking the law,” she said.

“I know the Scottish Government hasn’t done anything, in my view, anywhere close to giving the appropriate guidance.

“They regularly misinterpret sex and gender, using them interchangeably.

“The concept of gender identity as they use it is not often established in law – they confuse it with the protected characteristic of gender reassignment.

“They got themselves in a big mess a couple of years ago, and that’s one of the reasons why, when I was women and equalities minister, I did everything I could to make sure that we stopped what was just a serious denial of women’s rights and causing serious problems for vulnerable people.”

Former Scottish secretary Alister Jack, under the last Conservative government in 2022, issued a section 35 order preventing the Gender Recognition Reform (Scotland) Bill from becoming law.

Mrs Badenoch said that while the SNP have no plans to advance similar legislation, “the ideology that drove” the Bill remains in place.

She added: “I don’t see how things will change unless you don’t have the SNP running things.

“It’s a detachment from reality that is harmful to people.”

Mrs Badenoch denied that the debate over single-sex spaces was “toxic”.

“I think the debate is not toxic,” she said. “I think that there are some people who have decided to make it an issue of toxicity for political reasons.

“I don’t think that it is a toxic debate. I think it is an honest debate.

“We can’t be afraid to tell the truth. Biological reality is not something that we can run away from, whatever our ideology is.

“If you believe in biological reality, then that means that you need to make single-sex spaces based on biology, and a trans man is still a female.”

A Scottish Government spokesperson said: “The Scottish Government expects all relevant organisations to comply with the requirements of the Equality Act 2010.

“We have been clear in our support for the separate and single-sex exceptions in the Act, which can allow for people to be excluded when this is a proportionate means of achieving a legitimate aim.

“As employers, organisations may need to consider the impact of other legislation, such as the requirements of the law on health and safety in workplaces.”