Trans women banned from female toilets at Scottish Parliament building

Trans women will be banned from female toilets and changing facilities in the Scottish Parliament building from next week.

Holyrood will also be installing new gender neutral toilets in public areas of the building – in addition to existing single sex toilets – to support trans people who will be banned from using facilities that align with their chosen gender.

The interim guidance has come from the Scottish Parliamentary Corporate Body (SPCB), which consists of the presiding officer and four other MSPs who make sure the Parliament has everything it needs to run.

On Thursday, the SPCB agreed the “practical changes of minimal cost” to Holyrood’s toilets and changing facilities, for both visitors and people who work at the Scottish Parliament.

“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,” a message from presiding officer Alison Johnstone said.

“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.”

The “practical changes” at the Scottish Parliament have been issued in response to last month’s landmark Supreme Court ruling that determined the legal definition of a woman refers to “biological women and sex” in the 2010 Equality Act.

Interim advice from the Equality and Human Rights Commission (EHRC) has said that in places such as hospitals, shops, and restaurants, “trans women (biological men) should not be permitted to use the women’s facilities”.

From Monday, the Scottish Parliament will be getting on board with that temporary advice.

In practical terms, the Scottish Parliament said “all facilities designated as male or female are to be interpreted as meaning biological sex” in line with the recent Supreme Court judgment.

“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,” Johnstone’s letter to MSPs and Holyrood staff said.

Holyrood will also be designating an existing showering and changing facility and an existing toilet in the private areas of the building as gender-neutral.

“This is in addition to communal female-only toilets, communal female-only shower and changing, communal male-only toilets, communal male-only shower and changing facilities, two existing gender-neutral toilets, accessible toilets, a Changing Places facility, and accessible single lockable shower and changing facility,” the SPCB said.

A Scottish Government spokesperson said: “As the EHRC is the enforcer and regulator of the Equality Act, we expect all organisations, including public bodies, to consider its revised Code of Practice and guidance when published to ensure there is a consistent and clear understanding of the application of the law for all involved in this complex area,” the spokesperson said.

“The Scottish Government has already begun work on implementation. We have established a Short Life Working Group to ensure support and consistency across Government.

“This work will position us to be ready to take all necessary steps when the EHRC’s Code of Practice and updated guidance are published.”