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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 3 August 2025
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Displaying 760 contributions

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Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 11 March 2025

Dr Pam Gosal MBE

Thank you, Rohini. You are absolutely right to say that it is up to the public sector. Again, we are here talking about the public sector duty, and it is important that it is clear so that people can understand it. The issues of dignity and respect are relevant not only to Muslim women; they are relevant to all women and girls.

I have one more question, which is for Vic Valentine. Do you accept that policies based around gender self-identification potentially open up employers and service providers to discrimination claims on the basis of sex and religion or belief?

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 11 March 2025

Dr Pam Gosal MBE

Thank you for that.

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 11 March 2025

Dr Pam Gosal MBE

I thank the witnesses for all the information that they have provided so far.

I asked this question of the witnesses on the first panel—those of you who were here will have heard me ask it—but I did not really get a response, so here’s hoping that I get some direction and a response from you.

The provision of single-sex spaces and services is vital for women, including BAME women and those from religious backgrounds. During consideration of the Gender Recognition Reform (Scotland) Bill, I highlighted that many religious women do not feel comfortable being touched by biological male doctors or nurses when, for example, smear tests or breast examinations are being performed.

As you know, the NHS employs many women from BAME backgrounds, and they will now be made to feel uncomfortable and scared to speak up, especially given what has happened to Sandie Peggie and how she has been treated. Changing in front of a biological male would mean that those women would break their religion—religion is, by the way, also a protected characteristic under the Equality Act 2010. Does that mean that all those women will have to go through a tribunal?

I do not understand why, on the one hand, the public are given separate prayer rooms but, on the other hand, single-sex facilities are taken away. That defeats the purpose of promoting equality. As you will know, before praying, women of faith need to use the facilities without the presence of a biological male. Should it be mandatory for all public bodies to offer single-sex spaces and services?

12:15  

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 11 March 2025

Dr Pam Gosal MBE

Good morning. This is a question for Jatin Haria. The Coalition for Racial Equality and Rights has said that its research strongly suggests that the guidance that is produced by the EHRC

“is not being widely used either for development or quality assurance purposes within listed bodies”,

going on to say that the EHRC’s

“enforcement activities do not appear to be effective.”

The EHRC, for its part, has said that it has yet to have

“sight of draft regulations from the Scottish Government on ethnicity and disability pay gap reporting”.

Is it not clear that the Scottish Government is not doing enough?

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 11 March 2025

Dr Pam Gosal MBE

Jatin, my question is about balance. Those characteristics are all protected under the Equality Act 2010. Sex is protected—female and male—and there are eight other protected characteristics. How would you translate that to get balance? Outside here, those things are happening to women live, every single day. It is so important for the women who are listening, who want an answer about what will happen. Should they not work for the NHS? You mentioned earlier that, in relation to teachers, if people do not see someone of colour, they are not going to be comfortable, or they might not think that the profession is for them. There are so many inequalities, but this inequality is right here in our faces. Will those people not be employed by the NHS? Will they think that the profession is not for them?

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 11 March 2025

Dr Pam Gosal MBE

Can you answer the question on balance?

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 11 March 2025

Dr Pam Gosal MBE

No—that is fine, thanks.

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 11 March 2025

Dr Pam Gosal MBE

That was very helpful. I will certainly be asking the Scottish Government about this next week.

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 11 March 2025

Dr Pam Gosal MBE

I want to talk about not only toilets but facilities in general. We are not talking only about need, but about religion. My parents came to Scotland and I was born here, in Glasgow, and I think that equality should be there for everybody and needs should be addressed for everybody—I absolutely agree with that. However, we are talking about breaking a religion here. If I was in a changing room with my mother or Muslim auntie and she had to change in front of a biological male, that would break our religion. There are many consequences for that in the Muslim faith, in Indian faith and in other faiths that I could mention. How can we have balance in that regard? That is what this question involves.

I acknowledge what you are saying about need but, right now, people out there are really confused. It is not just about women and girls; it is about faith and religion. There is so much going on out there and nobody knows where the guidance is or who is guiding who. People from all backgrounds—not just religious backgrounds—are confused.

How do you see those issues? It is not just about toilets. I know for a fact that a Muslim woman cannot go into a changing room and change in the presence of a trans woman, because that person is a biological male. That view should not offend anybody. It is our religion, and we cannot change that. I am not going to break my religion for somebody else—I will be honest about that. I know how to keep myself safe and keep to my faith.

How do you balance those issues? I know that it is not just women from the older generation who would not go into that room; it is people from the younger generation, too.

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 4 March 2025

Dr Pam Gosal MBE

Good morning. I thank the witnesses for the information that they have supplied so far. Last week, the committee received a submission from Sandie Peggie’s lawyers. As you might know, Sandie Peggie is a nurse who was suspended from NHS Fife for refusing to use a changing room with a biologically male colleague. In the submission, Sandie Peggie’s lawyers wrote:

“Unfortunately, the PSED has zero prospects of delivering on its aims to improve outcomes for people with protected characteristics if listed authorities adopt the same cavalier approach to PSED compliance as FHB has.”

The submission clearly shows that the rights of trans-identifying males were put above the rights of women. No woman should ever be treated this way.

What are your local authorities doing to ensure that women and girls are not treated the same way as Sandie Peggie was treated? For example, are the rights of women and girls respected in council-run facilities such as single-sex toilets and changing rooms? Can you guarantee that you are complying with the Equality Act 2010? Do you believe that self-identification is trumping the Equality Act 2010 and is above women and girls’ rights?

I will go to Nareen Turnbull first.