Paul Givan: I have ordered the immediate removal of trans guidance for schools in Northern Ireland

I asked that the EA’s policy is reviewed in light of the UK Supreme Court’s judgement in For Women Scotland Ltd v The Scottish Ministers that was handed down on 16 April.

To support this work, reflecting the policy I set out in the assembly in May, my department has provided clear policy principles on this issue to ensure fairness, safety and respect for all children in schools.

It affirms that references to ‘boys’ and ‘girls’ are to be understood as biological males and females. Pupils should use changing rooms and toilet facilities designated for their biological sex and that boys and girls should not share these spaces when in use.

In competitive sports, mixed-sex participation is only permitted where governing bodies have explicitly allowed it. Additionally, the policy confirms that neither pupils nor teachers should be compelled to use pronouns that do not reflect biological sex.

This action reflects my firm belief that education policy must be grounded in both legal clarity and the best interests of children.

Last year, I indicated my intention to review the existing guidance, though that process was paused pending the outcome of the Supreme Court’s decision. Now that the ruling has been made, the legal position is clear: references to ‘sex’ in law are references to biological sex. This has implications for policy and practice across the education sector in Northern Ireland.

The Education Authority’s 2019 guidance, ‘Schools, EOTAS Centres and Youth Services on supporting Transgender Young People’ was always non-statutory – not legally binding. Individual schools have been able to manage these sensitive matters within their own ethos. However, it is now essential that we provide clear, lawful and compassionate leadership in what has become a complex space.

This guidance from the Education Authority said, "where requested, staff should give a transgender pupil access to toilets which match their gender identity, unless there is a good reason not to do so".

That approach, in my view, is inadvisable and legally incorrect. It was written at a time when policies across the western world were being driven by an insidious ideological campaign – one that is now being re-evaluated and reversed within the context of law of the United Kingdom.

After considering the advice I have received, I have concluded that the current Education Authority guidance neither reflects departmental policy nor is it consistent with the law in Northern Ireland.

While many of these issues are best managed at a school level, consistent with the ethos of the school, the department has a duty to set guiding principles.

Unfortunately, the Equality Commission for Northern Ireland, which might have been expected to provide timely guidance, has instead indicated its intention to seek a High Court declaration to clarify how the Supreme Court’s ruling interacts with the Windsor Framework’s Article 2.

In particular, they want to examine whether a different interpretation of ‘sex’ should apply here in Northern Ireland.

I respect the legal process, but I am not willing to delegate this crucial issue of decision making to an organisation which has been far from neutral on many sensitive issues. The commission’s actions have only prolonged uncertainty for schools and families alike.

Last week, I wrote to them suggesting that their course of action was wrong in principle and a waste of court time and public resources generally.

Schools and the wider education system can no longer afford to wait, so I sought independent legal advice to understand the implications of the Supreme Court’s decision and ensure we could move forward with clarity and confidence on a secure legal basis

The issues are difficult, but decisions cannot be deferred indefinitely.

Of course, I am fully aware of the sensitivities involved. This is not about denying the experiences of any individual. We are dealing with real young people, their lives and their futures. Compassion and understanding must underpin our actions. But policy in this area must reflect what is in the best interest of all children and not be driven by what is politically fashionable.

Finally, I want to make a broader constitutional point: in a democracy, it is ministers who are elected to make decisions – not unelected bodies, not campaign groups, and not those who defer difficult issues indefinitely.

Opposition plays an important role, but accountability lies with those who step up to govern. Those who would voluntarily opt out of government leave the important decisions to others who may not always share their views.

On this and so many other issues I am not prepared to leave such decisions to a UK government that does not always share our views or our values.

Since becoming the Education Minister in February 2024 I have always sought to act in the best interest of children and young people. I do so again today.

This is not an easy issue, but we cannot shy away from it.

As Education Minister, I am committed to ensuring that our schools are places where every child is safe, respected, and supported – based not on ideology, but on evidence, law and compassion.

On this important issue I have set out a sensible and balanced approach that I hope will command the support of the vast majority of ordinary people in Northern Ireland.

I hope that others with similar responsibilities will follow.

• Paul Givan is Stormont’s Minister for Education and DUP MLA for Lagan Valley