Skip to content

Trans women banned from female toilets in Holyrood

Getty Images The front of the holyrood building on a cloudy day, with white stone walls wooden slatted windows and small trees.Getty Images
New gender neutral toilets will be installed at the Holyrood building in Edinburgh

Trans women will no longer be able to use the women's toilets in the Scottish Parliament building.

Facilities designated as male or female-only would now be interpreted as meaning biological sex, the Scottish Parliamentary Corporate Body (SPCB) said.

Holyrood is installing new gender neutral toilets which will be open to anyone following the UK Supreme Court's landmark ruling over the definition of a woman.

Presiding officer Alison Johnstone said the move would ensure "confidence, privacy and dignity" for staff and visitors.

It comes after judges were asked to decide on the proper interpretation of the Equality Act 2010, which applies to service providers across the UK.

The SPCB said it had agreed "practical changes of minimal cost" to toilets and changing facilities following an interim review of Holyrood services.

The presiding officer set out the changes in a letter to MSPs and staff. It said:

  • All Scottish Parliament toilets designated as male or female would now be interpreted as meaning biological sex.
  • A bank of three existing toilets in the public area of the building would be designated as a gender-neutral facility.
  • These will be in addition to female-only toilets, male-only toilets, an accessible toilet and a changing places facility.

The SPCB said it would consult on any further changes needed to meet an updated Equality and Human Rights Commission code of practice expected in coming months.

PA Media Woman in a blue suit sits at a desk with a microphonePA Media
Alison Johnstone said the toilets would ensure "confidence, privacy and dignity"

Ms Johnstone said: "We believe it is important to take these interim steps now not only to ensure we fulfil our legal responsibilities but to give clarity to all those using the building.

"Such clarity is an important element in offering all individuals confidence, privacy and dignity when using our facilities.

"Everyone working in, or visiting, Holyrood should feel welcome in the building and be confident there is a suitable facility for them."

Last month, Judges at the UK Supreme Court unanimously ruled that a woman is defined by biological sex under equalities law.

It marked the culmination of a long-running legal battle, after the Scottish government argued that transgender people with a gender recognition certificate (GRC) are entitled to the same sex-based protections as biological women.

The new toilets will be available at Holyrood from Monday.

'Unworkable and exclusionary'

The Scottish Conservatives welcomed the "timely response" to the Supreme Court ruling.

Equalities spokeswoman Tess White said: "If the Scottish Parliament can respond to the Supreme Court judgement so swiftly, there is no excuse for John Swinney to keep dragging his heels.

"He must instruct all public bodies to uphold the law immediately instead of pandering to gender extremists."

However, the Scottish Trans and Equality Network described the move as "rushed, unworkable and exclusionary".

The charity has written to the SPCB to ask how the toilet policy will enforced at Holyrood without encroaching on people's privacy.

Scottish Trans manager Vic Valentine said: "We cannot understand why this decision has been described as one that will bring 'confidence, privacy and dignity' to everyone.

"It will not do so for trans people. It will exclude us and segregate us in the heart of Scotland's democracy."