Detail on offence committed when operating woman only space

L Mackenzie made this Freedom of Information request to Scottish Government Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

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Dear Scottish Government,

During the Stage 3 debate on the Gender Recognition Reform (Scotland) Bill on Wednesday 21 December, the Cabinet Secretary for Social Justice made the following remarks in response to a question from Tess White MSP:

"The protections under the Equality Act 2010 that have exceptions for single-sex service spaces are there and are unchanged by the bill. Therefore, if a trans woman tried to enter a space that was for women only and that could exclude trans women—in, for example, a service for victims of sexual assault—it would be an offence under common law; it could, for example, be a breach of the peace. In that circumstance, they might be a genuine trans woman trying to enter a service that excludes them."

Please could the Scottish Government specify what offence(s) would be committed "if a trans woman tried to enter a space that was for women only and that could exclude trans women".

Please could the Scottish Government provide guidance on how a service provider would identify "a genuine trans woman".

Yours faithfully,

L Mackenzie

Scottish Government

Our Reference: 202200335463

Dear L Mackenzie,

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Yours sincerely
MiCase
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Dear Scottish Government,

Please could you let me know when I might expect a response to my request, which is almost a month overdue.

Many thanks.

Yours faithfully,

L Mackenzie

Scottish Government

1 Attachment

Please find attached a response to your correspondence.
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This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
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not necessarily reflect those of the Scottish Government.
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