‘Woman’ breaks the law, court told

THE definition of the word ‘woman’ in Scottish parliament legislation breaches equality laws, a court was told yesterday.

Aidan O’Neill, QC, told the Inner House of the Court of Session that the Gender Representation on Public Boards (Scotland) Act 2018 is unlawful because it allows transgender people to identify as women.

The advocate is acting for an organisation called For Women Scotland Ltd.

It believes the legislation – which would allow for transgender people to have greater representation on public boards – is discriminatory.

The group believes that the Scottish Government is unable to legislate on the matter as equal opportunities are reserved for the UK Parliament.

It also believes that the definition of ‘woman’ contained within the 2018 Act breaches the 2010 Equality Act.

Yesterday, Mr O’Neill told the court the Scottish parliament legislation undermined the rights of ‘biological’ women.

He said: ‘Sex – the difference between men and women – is a biological distinction which is maintained as such within the Equality Act and has a raft of provisions which are predicated upon that.

‘Gender reassignment is a separate and distinct category within the Equality Act which attracts a whole series of other protections, but they are not the same.’

He said in this case the Scottish parliament’s definition of women has ‘confused the two categories of which the Equality Act separately deals with and protects in terms of sex and gender reassignment’. He added the definition of women in the act ‘has to be taken out’.

Mr O’Neill was addressing judges Lady Dorrian, Lord Malcolm and Lord Pentland.

For Women Scotland Ltd wishes to appeal a decision by Lady Wise that the Scottish Government’s legislation did not breach the Equality Act.

The hearing continues.