First Minister’s Questions are set to be dominated by a court order for Scottish schools to have single-sex toilets and the wake of the UK Supreme Court’s definition of “woman” ruling.
Holyrood is returning from Easter recess, and opposition leaders are likely to ask the First Minister about the judgment John Swinney has said he “fully accepts”.
Last Wednesday, the highest court in the land determined that the terms “woman” and “sex” in the 2010 Equality Act refer to biological women and sex.
This means it does not extend to a trans woman with a gender recognition certificate (GRC) and could have impacts on their use of single-sex spaces.
Swinney will likely be asked to respond to this ruling and speak about its potential implications for the NHS and other public services in Scotland.
Tory leader Russell Findlay is likely to pressure the First Minister to issue an apology for his government’s previous guidance on single-sex spaces.
The First Minister is also likely to face questions about a court mandate that orders all Scottish schools to provide single-sex toilets for students.
The order was determined at the Court of Session in Edinburgh on Wednesday after parents won a legal fight against Scottish Borders Council.
Parents Leigh Hurley and Sean Stratford, whose child attended Earlston Primary School, complained to the council over gender neutral toilets, the punishment of children who “misgender” others and about trans children participating in sports day.
A court order, known as a declarator, is set to be issued by judge Lady Ross KC to ensure the legal obligations of Scottish state schools are clear: state schools must provide single-sex toilets for pupils.
Scottish Borders Council has since “accepted and acknowledged” that it should provide single-sex toilets.
Swinney could also be faced with more questions about his “anti-far right” democracy summit in Glasgow on Wednesday.
FMQs will be broadcast from the the Scottish Parliament chambers at noon on Thursday.
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