DOUGLAS Ross says he “misspoke” when he made highly criticised comments about trans people – but is standing by his proposals on single-sex spaces despite warnings they could be unlawful.
The Scottish Tory told the BBC on Tuesday that a trans woman is not a woman but “ a male who has changed her sex but has not changed her gender”.
He also insisted trans people should not be allowed to use single-sex facilities.
The remarks were condemned by the Equality Network, which accused the politician of “proposing unlawful policy” under the Equality Act.
SNP MSP Karen Adam added: "Trying to roll back the 2010 equality act via council elections while mixing up your transphobic lines that were fed to you…"
Trying to roll back the 2010 equality act via council elections while mixing up your transphobic lines that were fed to you… 🚀 https://t.co/557IxX0g5F
— Karen Adam MSP (@KarenAdamMSP) April 26, 2022
Speaking to BBC Good Morning Scotland (GMS) on Wednesday, he admitted to a mix-up in his initial response.
"I misspoke in a later comment in that interview,” he told the programme.
However, he stood by his view on single-sex spaces. "I'm very clear that people can change their gender, they cannot change their sex,” Ross said. “They're biologically born male or female but there are options to have gender neutral changing rooms and toilets.
"Indeed in the Highland area I cover, there were proposals for schools to have all gender neutral toilets but parents and pupils raised concerns and they've now gone back to the drawing board.
"There will be male changing rooms, female changing rooms and there will be gender neutral changing rooms."
The Scottish Tory leader has been asked for his party’s policy ahead of next week’s council elections.
Asked if people should complain to authorities if they suspect a trans person of using single-sex facilities, Ross said: “Yes. And that is really serious and this is what it comes down to: is women feeling safe in their own spaces. The hard fought won rights of women. They are under threat and that's why we're seeing more and more women coming forward getting involved in this debate, articulating their concerns and they have to be listened to and responded to. And I think a lot of this debate is understandably very emotive, but a lot of this debate is not considering the views of or many women who've come forward.”
The Scottish Tory leader denied that his proposals would be unlawful under the Equalities Act.
“We are following what the EHRC [Equality and Human Rights Commission] have said about these various facilities," he told GMS. "I think we're the only party that's put this in our manifesto, but it does follow comments from the EHRC.”
It was pointed out to Ross that the EHRC says that if a service provider provides single or separate sex services for women and men, they should treat transsexual people according to the gender rule in which they present. It also says that people shouldn't be asked to provide evidence of their gender recognition certificate as evidence of their legal gender.
Ross did not explain how business owners would oversee his proposals, insisting they only apply to local authority buildings. "Our manifesto is about local authority buildings and establishments that local authorities run," he told GMS. "So that's your swimming pools, your sports centres and your schools."
Responding to his initial remarks, the Equality Network tweeted: "Sadly @Douglas4Moray is woefully misinformed and confused on this subject, and is proposing an unlawful policy.
"It is unlawful under the Equality Act for public services to have a blanket policy of excluding trans people from services that match their lived sex.
"The proposal also shows no consideration at all for trans people, or for the experiences of those who have been successfully running trans-inclusive single-sex services for years. Difficult not to conclude that this is simply attempting to gain votes from a 'culture war'."
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