Swinney refuses to say if trans women are women

Scotland’s First Minister has repeatedly refused to say whether he believes transgender women are women, when quizzed during a press conference in Glasgow.

Speaking after a cross-party summit aimed at tackling the far-right, John Swinney said the definition of a woman had been “settled” by the UK Supreme Court.

Last week, campaign group For Women Scotland won its case against the Scottish Government over the definition.

The country’s top judges ruled the terms “woman” and “sex” in the Equality Act 2010 “refer to a biological woman and biological sex”.

During Wednesday’s press conference, the cross-party panel was asked whether they believe a transgender woman is a woman, in light of the ruling.

The First Minister suggested he did not have time to answer the question, saying: “I don’t think we’ve got space for us all to answer. There will be plenty of opportunities for that.”

Pressed later on the issue, he added: “That issue has been settled by the Supreme Court.

“The Supreme Court has given us the basis of law for that to be the case and that’s what I accept.”

He said changes to regulations in Scotland will now take place in light of the judgment, although he did not say when.

The First Minister also condemned comments from Scottish Green MSP Maggie Chapman in which she accused the Supreme Court of “bigotry, prejudice and hatred” over its ruling.

Sitting next to the party’s two co-leaders, he said: “I think it is wrong to do that because at no stage should we question the independence of the judiciary and the judicial system because it operates in everybody’s interests in an entirely neutral fashion in accordance with the rule of law.”

Alba MSP Ash Regan, who was also on the panel, said the landmark court judgment showed “trans women are not really women”.

The former SNP minister – who quit over her objections to the Gender Recognition Reform (Scotland) Bill – said she was “disappointed” by the Scottish Government’s response to the Supreme Court judgment.

She called on ministers to apologise for the “nonsense that has been perpetrated on to the country”.

Scottish Green co-leader Patrick Harvie, who appeared on the panel alongside his fellow co-leader Lorna Slater, said he does believe a trans woman is a woman.

Scottish Liberal Democrat leader Alex Cole-Hamilton and Scottish Labour leader Anas Sarwar did not answer the question.

It comes a day after Sir Keir Starmer said a woman is an “adult female” as he appeared to U-turn on his previous stance on trans rights.

In his first public comments since the justices’ decision on April 16, the Prime Minister said he is “really pleased” with the clarity that the court’s ruling offers.

In March 2022, before entering No 10, Sir Keir said “a woman is a female adult, and in addition to that trans women are women, and that is not just my view – that is actually the law”.

But asked on Tuesday to repeat his previous statement that “trans women are women”, he said: “I think the Supreme Court has answered that question.”

Asked if that means he does not believe a transgender woman is a woman, he said: “A woman is an adult female, and the court has made that absolutely clear.

“I actually welcome the judgment because I think it gives real clarity. It allows those that have got to draw up guidance to be really clear about what that guidance should say.

“So I think it’s important that we see the judgment for what it is. It’s a welcome step forward. It’s real clarity in an area where we did need clarity, I’m pleased it’s come about.

“We need to move and make sure that we now ensure that all guidance is in the right place according to that judgment.”

Downing Street confirmed the Prime Minister’s U-turn from his earlier position.

Asked if Sir Keir still believed that a transgender woman was a woman, the Prime Minister’s official spokesman said: “No, the Supreme Court judgment has made clear that when looking at the Equality Act, a woman is a biological woman.

“That is set out clearly by the court judgment.”