SPCB sets out its interim response to Supreme Court ruling

The announcement follows an initial review of Holyrood’s facilities and services, and the SPCB’s duties as an employer, workplace provider, service provider and public authority.

Writing to all MSPs and staff who work at Holyrood, the Presiding Officer said the SPCB’s response would provide “clarity” and ensure “confidence, privacy and dignity”.

Earlier on Thursday (8 May 2025), the SPCB agreed practical changes of minimal cost to Holyrood’s toilets and changing facilities, for both visitors and people who work at the Scottish Parliament.

The full text of the Presiding Officer’s message is as follows:   

SPCB update on facilities and services at Holyrood following UK Supreme Court ruling

You will be aware of the judgment which issued recently from the UK Supreme Court. Its ruling clarified the meaning of the terms ‘woman’, ‘man’ and ‘sex’ for the purposes of the 2010 Equality Act, at the same time confirming the legal protections for trans people in respect of discrimination and harassment under that Act.

Following this, the Equality and Human Rights Commission (EHRC) shared an interim update on the practical implications of the UK Supreme Court judgement. We expect its new statutory code of practice and non-statutory guidance to follow, once it has completed its approval at UK level.

As Scotland’s legislature, it is vital that the Parliament fulfils its legal responsibilities. Our officials therefore took immediate steps following the publication of the judgment to review it in detail and to consider its implications for services and facilities at Holyrood.

Parliament already has a good range of facilities across the campus and the changes we will make should ensure we are inclusive of the needs of all those who work here and visit.

The SPCB discussed the implications of the ruling at its meeting earlier today in line with its legal responsibilities and I have summarised below the elements it has agreed as our interim position. 

I have also included here the paper which informed the SPCB’s deliberations should you wish to read it. As the paper makes clear, in addition to the Supreme Court judgment, which was effective immediately, we also considered the interim update issued by the EHRC.

Interim Position

The SPCB has agreed the following which will be effective from Monday 12 May. 

As an employer, workplace provider, service provider and public authority, we will provide male-only and female-only facilities as well as gender-neutral and accessible facilities. 

In practical terms this means:

1. in line with the Supreme Court judgment all facilities designated as male or female to be interpreted as meaning biological sex
   
   
2. an augmentation of our existing provision of gender-neutral facilities by:

• designating a bank of three existing toilets in the public area of the building as a gender-neutral facility.  This is in addition to existing communal female-only toilets, communal male-only toilets, an accessible toilet and a Changing Places facility
  
  
• designating an existing showering and changing facility and an existing toilet in the private areas of the building as gender-neutral. Both are single lockable spaces and accessible.  This is in addition to communal female-only toilets, communal female-only shower and changing, communal male-only toilets, communal male-only shower and changing facilities, two existing gender-neutral toilets, accessible toilets, a Changing Places facility, and accessible single lockable shower and changing facility.

The SPCB will consult staff, their representatives and Members to inform further practical changes that may be needed in the medium to longer term. This further phase of work will also enable us to reflect on the updated EHRC code of practice once available in coming months.   

We believe it is important to take these interim steps now not only to ensure we fulfil our legal responsibilities but to give clarity to all those using the building.  Such clarity is an important element in offering all individuals confidence, privacy and dignity when using our facilities. Everyone working in, or visiting, Holyrood should feel welcome in the building and be confident there is a suitable facility for them.

Finally, I would like to take this opportunity to remind passholders of the support available to SPS staff, Members’ and their staff via our employee assistance provider, Spectrum Life. Their support and counselling service is free and confidential and is available 24/7.

Yours sincerely

Rt Hon Alison Johnstone MSP
Presiding Officer
Chair, Scottish Parliamentary Corporate Body