Sarwar calls for clear guidance on single-sex rule

Scottish Labour leader Anas Sarwar has called for "clear instruction and guidance" from the Scottish government on who should have access to single-sex spaces in the NHS and other public property.

Speaking ahead of his party's conference in Glasgow, Sarwar has told BBC Scotland News that he favours the protection of "single-sex spaces based on biological sex".

However, he refused to comment on whether that should mean that trans women are automatically excluded from female only spaces such as changing rooms.

First Minister John Swinney has said the current guidance is "crystal clear".

The issue has been debated at Holyrood following employment tribunal hearings involving NHS Fife staff.

Nurse Sandie Peggie is challenging the health board after she was suspended following a complaint about sharing a changing room with a transgender colleague.

Ms Peggie claims she was subjected to unlawful harassment by being made to share a changing room at Victoria Hospital, Kirkcaldy, with Dr Beth Upton - who is a transgender woman.

Her claim is disputed by the health board and the doctor. Following hearings last week, the tribunal has been adjourned until July.

Sarwar said public bodies such as health boards should not have to judge how to manage these issues on a case-by-case basis.

Asked if a trans woman should have automatic access to single-sex space, he said: "I support single-sex spaces based on biological sex, and that includes NHS services within that too."

Pressed if that meant trans women should be excluded, Sarwar replied: "The law is clear, a protection of single-sex spaces based on biological sex."

Sarwar accused the government of failing to issue "adequate guidance" to public bodies.

He said it should be instructed to follow the law as set out in the Equality Act, while he said ministers should have a "relentless focus" on bringing down NHS backlogs.

Earlier this week, Sarwar said he regretted his party's support for the Scottish government's gender recognition reforms, which were not enacted into law following a challenge from the UK government.

Scottish Labour's conference takes place over three days this weekend.

The Scottish Labour leader said he would announce plans to for Scotland's health service during his speech on Friday, telling BBC Scotland News he would do "whatever it takes to fix our NHS".

Earlier, at First Minister's Questions, Scottish Conservative leader Russell Findlay challenged Swinney to drop the government's support for gender self-identification.

Citing the NHS Fife case, Findlay said the "nonsense" of the SNP's "gender self-ID policy and legislation" was costing Scotland's public sector "too much time, energy and money".

He said "women's spaces must be for women and girls".

Swinney accused the Conservatives of "sowing division" as he said the law prevented him from commenting on the tribunal.

The first minister said the Equality Act allowed for trans people to be excluded from single or separate-sex facilities.

He said public bodies should make decisions on a "case-by-case" basis.

Swinney told MSPs that managers must "balance the needs of the trans person" to use such a facility "against the needs of other members of staff".

The Scottish government has said it supports provisions under the Equality Act 2010 which allow for trans people to be excluded from some spaces when it is a "proportionate means of achieving a legitimate aim".

While the debate around public guidance rages, the UK Supreme Court is considering exactly how women are defined in the Equality Act.