Bid to improve trans rights breaches law, court hears

The court action was brought in Scotland's top civil court

Plans to expand the legal definition of the word "women" breaches existing equalities laws, a court has heard.

For Women Scotland has launched a judicial review about Scottish government proposals to amend laws to allow trans people to have greater representation on public boards.

The group is concerned about the plan's unintended consequences and argue it breaches existing equality legislation.

But Scottish ministers believe the move is within the law.

Aidan O'Neill QC, acting for For Women Scotland, told the Court of Session in Edinburgh that the Scottish government lacked the power to amend the Equality Act, a law passed at Westminster.

He said: "I say it is important to recognise that the Scottish Parliament provisions would run wholly against the grain of the Equality Act.

"The fundamental problem for the respondents is that the exception to the general equality opportunity reservation simply does not authorise the Scottish Parliament or Scottish ministers to modify it or supplement the Equality Act in any way."

Mr O'Neill also argued the Scottish government's proposals to help trans people gain greater representation on public boards undermined the rights women had under the Equality Act.

'This case is not about gender recognition'

The Scottish government's lawyer Ruth Crawford QC told the court that the judicial review was concerned solely with representation on public boards.

Ms Crawford also told Lady Wise, who is presiding over the case, that it was the government's position that it was able to legislate on amending the Gender Representation on Public Boards (Scotland) Act 2018.

She added: "This case is not about gender recognition or the criteria for recognising the conditions in which one might change one's gender far less the effect of any such change in gender should these criteria be met.

"I should add in addition to that point it is, for what it is worth, the Scottish government's position is that it would be within the legislative competence of the Scottish Parliament if so advised to enact such legislation."

Ms Crawford also told the court that the Scottish government had the power to modify the Equality Act and that the UK parliament gave it the power to do so.

The judicial review continues on Friday when Ms Crawford will continue her response to the submissions made by Mr O'Neill.