Scottish Conservative leader Douglas Ross has said at least three types of toilets should be provided in public buildings.
Douglas Ross, speaking on today’s BBC Radio Scotland Good Morning Scotland programme, said trans women should not be allowed to use a female-only changing or toilet space.
But one human rights activist John Naples-Campbell, who works in the Highlands, has condemned Mr Ross’s stance.
Mr Ross appeared on the programme to discuss upcoming local government elections and the Conservative Party manifesto for Scottish elections.
People are ‘born male or female’
The Highlands and Islands MSP, and Moray MP, said: “I am very clear, people can change their gender they can not change their sex.
“They are biologically born male or female.
“There are options to have gender neutral changing rooms and toilets.
“In Highlands, the area that I cover [as an MSP], there were proposals for all schools to have all gender neutral toilets but parents and pupils raised concerns.
“And they have now gone back to the drawing board and there will be male changing rooms, female changing rooms and gender neutral changing rooms.”
This was in reference to Highland Council’s U-turn on plans for unisex toilets at Culloden Academy.
Pupils started the new school year in August sharing loos, meaning there were no separate male and female facilities – which the local authority said would help tackle vandalism. But the scheme was abandoned following talks with pupils.
‘It is really serious’
People should complain if trans women use female-only toilet
Asked if people seeing a trans woman using a female only space should complain, Mr Ross said: “Yes, and that is really serious – this is what it comes down to – women feeling safe in their own spaces.
“The hard fought and won rights of women are under threat and that’s why we are seeing more and more women come forward and getting involved in this debate.
“[They are] articulating their concerns and they have to be listened to and responded to.
“I think a lot of this debate, understandably, is very emotive, but a lot of this debate is not considering the views of the many women who have come forward.”
Mr Ross was then asked if the policy of excluding trans women from female changing rooms was illegal under the equalities act.
He said: “No, we are following what the HRC [Human Rights and Equality Commission] has said about these various facilities.
Mixed sex toilets can cause children anxiety
“I think we are the only party that has put this in our manifesto, but it does follow the comments from the HRC.”
Mr Ross said the manifesto was about public buildings and referred to swimming pools, sports centres and schools, and not for private business.
Asked if these public buildings would be required to now provide three different spaces, Mr Ross replied “yes.”
In a statement released, the Highland Parents Group said they welcomed Mr Ross’s comments and added that parents should be consulted on this issue.
They said: “In schools where open plan mixed sex toilets been introduced this has led to problems with children who do not feel comfortable going to the toilet with the opposite sex present.
“Some children feel anxious using these facilities and where they have had a negative experience this can lead to long term issues.”
They described issues such as children limiting their water intake in order to reduce the need to use the toilet leading to dehydration which they said has also led to UTI infections in girls.
In their stated aims of their campaign, the group wants to ensure that all schools provide single sex washrooms that offer privacy and additional self-contained unisex toilets.
The group added: “Introducing mixed sex toilets with no other choice compromises the hygiene, privacy, safety and wellbeing of the children attending these schools.
“It could potentially cause an increase in sexually related incidents, including assault and harassment which can result in school absences or school refusal.”
These debates are ‘shadows of Section 28’
LGBT activist Mr Naples-Campbell, who works in the north, said: “Watching trans issues being discussed in the media is rarely a calming experience for a trans person or those who are allies.
“The debate quickly gets heated as both sides argue for and against the dangers which we apparently pose to society at large.
“Whether it’s a ‘debate’ on TV, an article in print or a rant on social media, it seems that wherever the conversation may start, it always seems to end with tales of women’s safe spaces being invaded by would be rapists.”
Mr Naples-Campbell, who was named educator of the year in the 2021 Proud Scotland Awards, continued: “The discussions I read and see almost daily are shadows of Section 28; where anything LGBT was deemed to be about sex.
“It’s a dangerous rhetoric that is damaging. As a human rights activist and LGBT educator for me the debate should not be about rolling back the clock for trans women when they need a safe haven.
“The debate should be about how we educate men to be more respectful of these spaces and putting safeguards in place to stop the system from being abused.
“We all need to feel protected and safe from harm, my trans friends and colleagues are no less deserving of these fundamental human rights as my cis gender friends and colleagues.”
The Human Rights and Equality Commission in Scotland says that trans women should not need to provide a certificate to prove their right to use a changing room or toilet. it said trans men and women should be treated as the gender they present.