- Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 30 April 2025
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Current Status:
Answered by Kaukab Stewart on 13 May 2025
To ask the Scottish Government, further to the answer to question S6W-36216 by Kaukab Stewart on 17 April 2025, and in light of the UK Supreme Court ruling regarding For Women Scotland Ltd v The Scottish Ministers, whether it will provide an update on whether it will ensure that, whenever sex is recorded, it is made clear whether this refers simply to sex, or to a person's "legal sex" based on a Gender Recognition Certificate.
Answer
Work has already begun across the Scottish Government to consider the implications of the Supreme Court judgment. While we await the updated Code of Practice from the Equality and Human Rights Commission, the Permanent Secretary has convened a Short Life Working Group (SLWG), at the request of Scottish Ministers.
The SLWG is considering the implications of the Supreme Court judgment in areas such as legislation, guidance and funding. The SLWG has already met and consists of senior civil servants across the Scottish Government.
The outputs of the SLWG, along with the updated EHRC Code of Practice, will inform our next steps in determining updates to relevant guidance affected by the Supreme Court judgment.
- Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 31 March 2025
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Current Status:
Answered by Kaukab Stewart on 25 April 2025
To ask the Scottish Government whether it plans to update (a) its language generally and (b) any of its guidance to use the word "sex" instead of "gender".
Answer
Equality Law relating to equal opportunities is generally reserved under the Scotland Act 1999. It is for the Equality and Human Rights Commission (EHRC) - as the regulator of the Equality Act 2010 - to produce, review and update any technical guidance in relation to such matters.
We note that the EHRC are now reviewing their guidance following the Supreme Court's ruling on the definition of woman under the Equality Act 2010. The Scottish Government are taking time to consider any implications the Supreme Court’s ruling may have on our own guidance to ensure that it is compliant with the judgment and takes account of any updated guidance that will be provided by the EHRC in due course.
We remain committed to protecting everyone’s rights and will continue to work to ensure that our guidance is inclusive of all of Scotland’s communities. This includes using communication which is plain, clear and concise, both in language generally, and in published guidance, as far as the subject-matter allows.
- Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 31 March 2025
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Current Status:
Answered by Kaukab Stewart on 25 April 2025
To ask the Scottish Government whether it plans to mandate that organisations that allow sex markers to be changed on official documents keep records of the number of documents changed annually, with basic demographic information attached such as age and sex.
Answer
To our knowledge, there are currently only two public bodies operating in Scotland which allow sex markers to be changed on official documents (HM Passport Office and the Driver and Vehicle Licencing Agency). As both of these public bodies are reserved to the UK Parliament, it would not be within the devolved competence of the Scottish Government to mandate them to keep records of the number of documents changed annually.
The Scottish Government would not mandate any action for Scottish public sector organisations that is not legally required. It would be for respective public bodies to determine the best process for its staff and users. This includes matters relating to allowing sex markers to be changed and keeping records of the number of documents changed annually, with basic demographic information included.
However, we do expect all public sector organisations in Scotland to comply with the Public Sector Equality Duty, which is not a duty to achieve any particular results, but a duty to have “due regard” to the need to achieve the three goals of:
- eliminating eliminate discrimination, harassment, victimisation
- advancing equality of opportunity and;
- fostering good relations between different groups of people.
- Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 31 March 2025
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Current Status:
Answered by Jenni Minto on 24 April 2025
To ask the Scottish Government whether the NHS will end the practice of issuing new NHS numbers and changed gender markers to individuals.
Answer
The NHS in Scotland uses the Community Health Index (CHI) system for patient records across its IT systems.
There are various reasons why an individual may seek to change their CHI number, including administrative corrections. No medical information is removed from the patient record as part of a CHI change.
There are currently no plans to change existing policies on how CHI records are updated and managed by the NHS in Scotland.
- Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 23 April 2025
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Current Status:
Taken in the Chamber on 1 May 2025
To ask the Scottish Government what its position is on whether its 2045 net zero target is still credible.
Answer
Taken in the Chamber on 1 May 2025
- Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 22 April 2025
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Current Status:
Taken in the Chamber on 24 April 2025
To ask the First Minister what impact the Scottish Government anticipates that the Supreme Court judgment regarding For Women Scotland Ltd v The Scottish Ministers will have on the implementation of the Public Sector Equality Duty in Scotland.
Answer
Taken in the Chamber on 24 April 2025
- Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 31 March 2025
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Current Status:
Answered by Kaukab Stewart on 17 April 2025
To ask the Scottish Government whether it plans to mandate that data on sex be collected by default in all research and data collection that it or its non-departmental public bodies commission.
Answer
The Office of the Chief Statistician published guidance for public bodies in Scotland on the collection of data on sex and gender in 2021. This guidance recommends that statistics producers should collect data (for operational, statistical and research purposes) that best serves the needs of users in their specific context, an approach with aligns with the guidance published by the Office for Statistics Regulation in 2024.
- Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 31 March 2025
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Current Status:
Answered by Kaukab Stewart on 17 April 2025
To ask the Scottish Government whether it will continue to ask questions that combine sex and gender identity in a single question, when collecting data.
Answer
The Office of the Chief Statistician published guidance for public bodies in Scotland on the collection of data on sex and gender in 2021. This guidance recommends that statistics producers should collect data that best serves the needs of users in their specific context, an approach with aligns with the guidance published by the Office for Statistics Regulation in 2024.
Within the guidance, there are two recommended questions. The first asks people about their sex, with respondents able to answer ‘Female’, ‘Male’ or ‘Prefer not to say’. The second question asks people whether they consider themselves to be trans or have a trans history.
- Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 31 March 2025
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Current Status:
Answered by Kaukab Stewart on 17 April 2025
To ask the Scottish Government whether it plans to undertake quantitative research to assess what the general public considers to be the meaning of key words in relation to sex reassignment that may be used in data collection, including "transgender man", "trans man", "transgender", "trans", "transsexual" and "gender reassignment".
Answer
The Office of the Chief Statistician published guidance for public bodies in Scotland on the collection of data on sex and gender in 2021. This guidance recommends that statistics producers should collect data that best serves the needs of users in their specific context, an approach which aligns with the guidance published by the Office for Statistics Regulation in 2024.
The Sullivan Review specifically recommends that the Scottish Government reviews its guidance in light of its recommendations. The Scottish Government has previously committed to reviewing its guidance on collecting data on sex and gender by the end of 2026 as part of the Non-Binary Equality Action Plan.
Ahead of this review, the Office of the Chief Statistician is engaged with wider-UK work on this topic. The Government Statistical Service (GSS) Harmonisation Team is currently developing harmonised standards for collecting data on sex and gender identity. This work will include user engagement and question testing with stakeholders and the general public, which will help to determine how users would interpret different questions and phrases. The Office of the Chief Statistician is contributing to this work, and will consider its outputs as part of its review of the Chief Statistician’s guidance.
- Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 31 March 2025
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Current Status:
Answered by Kaukab Stewart on 17 April 2025
To ask the Scottish Government whether it plans to review its guidance for public bodies on the collection and publication of data regarding sex, gender identity and trans status to take into account the recommendations of the UK Government review of data, statistics and research on sex and gender (the Sullivan Review).
Answer
The Office of the Chief Statistician published guidance for public bodies in Scotland on the collection of data on sex and gender in 2021. This guidance recommends that statistics producers should collect data that best serves the needs of users in their specific context, an approach that aligns with the guidance published by the Office for Statistics Regulation in 2024.
The Sullivan Review specifically recommends that the Scottish Government reviews its guidance in light of its recommendations. The Scottish Government has previously committed to reviewing its guidance on collecting data on sex and gender by the end of 2026 as part of the Non-Binary Equality Action Plan.
Ahead of this review, the Office of the Chief Statistician is engaged with wider-UK work on this topic. The Government Statistical Service (GSS) Harmonisation Team is currently developing harmonised standards for collecting data on sex and gender identity. The Office of the Chief Statistician is contributing to this work, and will consider its outputs as part of its review of the Chief Statistician’s guidance.
