Scottish Government accused of 'moral cowardice' in single-sex spaces row

The Scottish Government has been accused of “cowardice” for refusing to issue a statement clarifying its position on single-sex spaces for public sector workers.

Calls for a statement in the Scottish Parliament on Tuesday were sparked by an ongoing employment tribunal involving NHS Fife.

Nurse Sandie Peggie, who has worked at the Victoria Hospital in Kirkcaldy, Fife, for 30 years, took the health board and transgender medic Dr Beth Upton to a tribunal after being suspended following an incident on Christmas Eve 2023 in the female changing rooms.

Ms Peggie lodged a complaint of sexual harassment or harassment related to a protected belief under Section 26 of the Equality Act 2010 regarding three incidents when they were in the changing room: indirect harassment, victimisation, and whistleblowing.

That came after she was suspended in January 2024 following Dr Upton making an allegation of bullying and harassment.

Tess White, MSP for North East Scotland, raised Ms Peggie’s case in parliament, accusing the SNP government of “moral cowardice” for not clarifying its position on the issue.

“Sandie Peggie spoke up for her sex-based rights in her workplace because she did not want to share a changing facility with a biological male,” she said.

“She’s been treated as the perpetrator, not the victim. I know the presiding officer considers it to be sub judice.

“At the heart of this case is the policies of the SNP government. We need a ministerial statement on public sector workers and single-sex spaces.”

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Scottish secretary Ian Murray was speaking in the wake of an employment tribunal brought by a nurse who had to share a changing room with a transgender doctor.

Deputy Scottish Labour leader Jackie Baillie added: “The protection of single-sex spaces based on biological sex is a matter of law. It’s in the Equality Act.

“The Scottish Government and its agencies are not above the law.”

White claimed that the situation at NHS Fife is one which could be being replicated “behind closed doors in Scotland’s public sector”.

The Scottish Government has been vocal in its support for transgender rights, with legislation passed by Holyrood which would have permitted them to self identify in their chosen gender.

The controversial law championed by former leader Nicola Sturgeon, however, was never enacted after being blocked by the Conservative government at Westminster.

White accused the policy of having “binned the rights of biologically female employees to access single-sex spaces”.

Adding: “Taxpayers money is being used to cover legal costs to defend a public body’s gender policy.

“There is no transparency over the cost to the public purse because the health board involved won’t disclose this situation.

“This is not acceptable.”

White also cited reports that health secretary Neil Gray was made aware of the situation in June last year. She called for clarity over his “involvement or lack thereof”.

“The public interest in this issue is huge. MSPs have been contacted by constituents with legitimate questions and concerns,” she said.

“We haven’t been able to bring these questions to the chamber. Topical questions, FMQs, and urgent questions on this issue have not been selected. Meanwhile, our colleagues in Westminster have been able to raise them.

“It is deeply disappointing that this parliament cannot discharge its duties because members do not have parliamentary privilege.

“The public has had enough of the recent abdications and moral cowardice from this government.

“We are only going to see more witch hunts at the public’s expense if we do not get more clarity on the Scottish Government’s position.”

Jamie Hepburn, SNP MSP, said the government could not agree to the amendment as the schedule was “already busy”.

“This government is always hoping that we are rightly held to account in this chamber,” he added.

“We need to be conscious of the law.”

He was interrupted by Tory MSP Murdo Fraser, who said: “This is not a criminal case, this is civil case by a very experienced employment-specialist judge.

“There is no barrier risk or prejudice from ministers in this government speaking on the broader issue of access to single-sex rights other than cowardice.”

Hepburn described this as “an absolute nonsense”.

He added that the amendment had been made “beyond the eleventh hour” and urged parliament to reject it.

The amendment was rejected 64 to 47.