Supreme Court ruling: Stormont's education minister plans to publish school sports and toilets policy ahead of equality guidance

The DUP-run department’s response has bucked the trend on how local ministries have responded to the UK Supreme Court ruling that sex is defined by biology, not by someone’s gender identity.

Both First Minister Michelle O’Neill and Justice Minister Naomi Long have said they will wait for advice from the Equality Commission for Northern Ireland (ECNI).

At the weekend, the equality watchdog confirmed that its advice would not be statutory – meaning it “will not impose legal obligations on employers and service providers”.

Education Minister Paul Givan’s approach will be in line with the Supreme Court judgment, and mean that schools will be advised to ensure single-sex toilets, changing rooms and sports for children.

That will mean that, for example, a boy who identifies as a girl should not be playing in girls’ sports or using girls’ changing rooms.

It will then be a matter for the Education Authority how that policy is implemented in schools under its remit.

In advance of the Supreme Court ruling, Ulster Unionist Health Minister Mike Nesbitt had said it would neither be unreasonable nor unlawful to make NHS changing rooms and toilets female only as a matter of policy – and requested health trusts halt any new transgender policies while a “region-wide review of the existing policy position” is carried out.

In a letter to the DUP MLA Jonathan Buckley, Mr Givan said: “The clarification on this sensitive issue provided by the Supreme Court and, in particular, a statutory interpretation of the meaning of ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 is welcome.

“However, almost all of the Equality Act 2010 does not extend to Northern Ireland, though the judgment is likely to be relevant to our consideration of the issues.

“I have initiated work to consider the outcome of the judgment and any implications for policy within the education sector. I expect to bring this forward in the coming weeks.”

The News Letter understands the intention is to have the policy finalised before the ECNI issues its advice.

Despite the Equality Commission saying immediately after the judgment that the ruling of the UK’s top court “is likely to be followed in cases where similar issues arise”, a number of ministers and departments have stated that they will wait until it issues detailed guidance. Media reports have also suggested that public bodies need to wait, as have LGBTQ+ organisations.

However, in response to questions from the News Letter last week, the commission confirmed that laws are already in place and employers can act now. It said that it is “for each organisation to consider its own policies” and did not say employers must wait for its advice.

The News Letter asked ECNI if it is legal for organisations to take action in advance of its guidance and what the legal status of that advice would be.

A spokesperson said: “It is for each organisation to consider its own policies and where they act, they must do so lawfully and ensure they do not discriminate unlawfully against any person who has the protection of equality law.

“The guidance will be advisory guidance. It will outline advice that the commission recommends. This will not be statutory guidance, meaning that it will not impose legal obligations on employers and service providers.”

First Minister Michelle O’Neill has dodged questions on her view on the Supreme Court ruling – saying she would “encourage people to work towards an inclusive society”.

The Sinn Fein vice president also described the judgment as “complex” and said the transgender community is “feeling quite under attack”.

During a recent Stormont committee, Sinn Fein MLA ​Carál Ní Chuilín said she wants MLAs to look at inserting ‘trans protections’ into 1970s legislation which protects men and women from discrimination on the basis of sex.