News Release – Pre-Action Letter

Scottish Government Faces Court Action for Redefining “Woman” to Include Men

Re: Gender Representation on Public Boards Act 2018 

A letter has been sent to the government by lawyers acting on behalf of For Women Scotland expressing significant concerns that a law intended to address historical under-representation of women on public boards is fundamentally flawed and that the Scottish Government has exceeded its authority in redefining “woman”. This follows the publication of Statutory Guidance on 29 May 2020.

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Letter to Minister for Equalities

Further to the publication of the results of the public consultation on the Implementation of Gender Representation on Public Boards (Scotland) Act 2018, we sent the following letter to Christina McKelvie, Minister for Older People and Equalities on 6th May:

Dear Ms McKelvie,

Re: Consultation on Implementation of the Gender Representation on Public Boards (Scotland) Act 2018

Now that the analysis of responses to the above consultation has been published could you please provide an expected date for when the Government will be issuing a formal response to its outcome?

Given that this was the first time the public were consulted on the way in which the Act defined “woman” it is clear that there is substantial opposition to both this, and to the proposed guidance.  We would appreciate clarification on whether the Government intends to proceed with enforcement of the Act and, if so, the reasons for doing so. 

In addition, we would be interested in what legal advice has been given to the Government as to whether it is lawful to redefine the protected characteristics of the Equality Act in discrete legislation.

We look forward to hearing from you.

Kind regards,

Trina Budge
Forwomen.Scot

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