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The SG’s position is consistent with and informed by legal advice but, due to long-standing convention, any such advice is confidential and we cannot disclose who provided any such advice or its content.

The Scottish Government accepts the judgment of the Supreme Court that in the Equality Act 2010, sex means biological sex, and that a Gender Recognition Certificate does not change a person’s sex for the purposes of the 2010 Act.

The Scottish Government accepts the judgment of the Supreme Court which ruled that woman in the Equality Act 2010 is defined by biological sex.

The Scottish Government's Equally Safe Strategy is a national plan to prevent and eradicate violence against women and girls by addressing its root causes, such as gender inequality. First published in 2014 and refreshed in 2023, the strategy promotes collaborative work across public and third sectors, with a goal of creating a Scotland where women and girls are safe and protected from all forms of violence. The refreshed strategy is supported by a delivery plan outlining specific actions and is backed by the Delivering Equally Safe Fund.

While the Scottish Government will always work to support trans people in Scotland - this is not at the expense of our vital support for women and girls.

We believe the vast majority of people in Scotland want to live in a country that is respectful, compassionate and caring – and we are committed to protecting the rights of all.

In relation to Scottish Government guidance, SG has already taken action that includes:

• Updating our guidance for the Gender Representation on Public Boards (Scotland) Act 2018;
• Amending the public appointments recruitment process for public bodies subject to the Act, now collating and using biological sex at birth data to apply the Act;
• Moving to an interim Trans and Non-Binary Inclusion Policy for Scottish Government staff, removing a line regarding facilities use, while we develop new policy and guidance in consultation with trade unions; and
• Publishing revised Supporting Transgender Pupils in Schools Guidance, while recognising that the EHRC are also reviewing Technical Guidance for schools.

We have been working through an extremely complex legal landscape – and it, rightly, has taken time to do that work.

Every key area of government which is or may be affected by the Supreme Court judgment is carrying out assessments across legislation, guidance and policies as part of a Working Group convened by the Permanent Secretary.

The Scottish Government has already taken action that includes:

• Updating our guidance for the Gender Representation on Public Boards (Scotland) Act 2018;
• Amending the public appointments recruitment process for public bodies subject to the Act, now collating and using biological sex at birth data to apply the Act;
• Moving to an interim Trans and Non-Binary Inclusion Policy for Scottish Government staff, removing a line regarding facilities use, while we develop new policy and guidance in consultation with trade unions; and
• Publishing revised Supporting Transgender Pupils in Schools Guidance, while recognising that the EHRC are also reviewing Technical Guidance for schools.

We have been working through an extremely complex legal landscape – and it, rightly, has taken time to do that work.

Every key area of government which is or may be affected by the Supreme Court judgment is carrying out assessments across legislation, guidance and policies as part of a Working Group convened by the Permanent Secretary.

The Scottish Government has already taken action that includes:

• Updating our guidance for the Gender Representation on Public Boards (Scotland) Act 2018;
• Amending the public appointments recruitment process for public bodies subject to the Act, now collating and using biological sex at birth data to apply the Act;
• Moving to an interim Trans and Non-Binary Inclusion Policy for Scottish Government staff, removing a line regarding facilities use, while we develop new policy and guidance in consultation with trade unions; and
• Publishing revised Supporting Transgender Pupils in Schools Guidance, while recognising that the EHRC are also reviewing Technical Guidance for schools.

The Equality and Human Rights Commission (EHRC) is the body responsible for issuing guidance to and ensuring compliance by public bodies in this matter as it is the statutory regulator and enforcer of the Equality Act 2010. The Scottish Government has consistently supported the view that public bodies must comply with the law, and has actively encouraged them to take any necessary steps to do so since the Supreme Court’s judgment.

We wrote to the UK Government on 4 September, requesting sight of the revised Code of Practice sent to them by the EHRC, which we have not yet seen. We will continue to engage with the UK Government to seek urgent clarity on the timeline for the Code’s approval and laying before the UK Parliament. While we acknowledge the time that was needed by the EHRC, to analyse the public consultation responses and revise the Code before they sent it to the UK Government for approval, it is essential that clear, authoritative guidance is now provided to all those operating in this complex legal area.

We want a strong manufacturing sector to help drive Scotland's economic growth and resilience. Our significant investment of £75m in the National Manufacturing Institute Scotland (NMIS) lies at the heart of our ambitions. At the same time, we are developing a Skills Action Plan for Manufacturing to help ensure a steady flow of talent into the sector. This package includes the £2m already committed to Glasgow City Region to support the development of engineering skills programmes in the area and through delivery of the Scottish Manufacturing Advisory Service (SMAS) we are helping businesses drive sustainable change by investing in productivity, performance, and people.

During Techscaler’s initial pilot cohort to Silicon Valley, two Chief Marketing Officers attended in place of their respective founders, who were unavailable. These individuals were nominated by the founders, and CodeBase confirmed that it was entirely appropriate for senior sales and marketing specialists to participate.

Given the small size and structure of most start-ups, Chief Marketing or Sales Officers are typically among the most senior employees and play a direct role in securing customers, generating revenue and raising investment. Their participation was therefore consistent with the objectives of the programme, ensuring that companies were effectively represented and able to maximise the commercial value of the visit.

Ministers were fully briefed on the purpose and objectives of the pilot programme. As Techscaler has matured, the eligibility criteria have continued to be refined. While founders or co-founders are preferred, substitutes may be approved where they are best placed to engage with the target market and achieve the intended outcomes.

Far from damaging Scotland’s reputation, the Techscaler programme has enhanced it. Through its international activity, Scottish start-ups have secured multiple export contracts, with six participants raising £5.4 million in investment and several others now in active discussions with global investors.

By showcasing Scotland’s entrepreneurial talent on the world stage, Techscaler has helped put our nation firmly on the international start-up map. It has hosted inward visits from twelve countries – including the United States, Singapore and China – all keen to learn from the model and explore opportunities to invest in Scotland.

As Sandeep Casi, a Tokyo-based partner at Antler, a global venture capital fund, observed: “The quality of the founders that travelled to Japan is proof that Scotland is set for success. Japan can be a key territory to drive this.”

International programmes are advertised to Techscaler members.

Under the terms of the contract, we have also instructed CodeBase to publish promotional material for future activities to enhance transparency and public awareness.

In addition, CodeBase will undertake a retrospective communications campaign to share details of all international pop-up activities and the lessons learned from them, demonstrating how participant feedback has been used to refine and strengthen programme delivery.