WRDA Statement on the Equality Commission’s statement and legal paper on FWS v Scottish Ministers
We cautiously welcome the statement and accompanying legal paper from the Equality Commission NI on the Supreme Court judgment in For Women Scotland v Scottish Ministers. While we know that the public reaction has been somewhat confused, we seek to provide some clarity.
WRDA recognises the difficult situation in which the ECNI finds itself, and understands why they have opted to seek legal clarity first rather than moving to make declarative statements that will immediately end up being challenged in court. While this remains a worrying time for trans people, and while it prolongs the wait for clarity, it may be the best option available at this stage. Caution is best when lives and welfare are at stake.
We are pleased to note that ECNI has laid out clearly the different legal framework that applies in Northern Ireland because of our equality laws, and we reiterate the scope of the Judgment itself, which was never intended to “define” womanhood for all purposes. We are particularly grateful that ECNI recognises that Article 2 of the Windsor Framework plays a role that cannot be ignored.
This is something we identified both in our initial statement following the judgment and in a briefing that we prepared and sent to all MLAs shortly thereafter. While some MLAs chose to react to this briefing with mocking, derisory comments and personal insults directed to WRDA staff and other organisations, it is meaningful that they reacted at all, particularly because some are now claiming that this is a new intervention, that they are shocked to discover plays a role.
The approach taken by some politicians is misdirection and it is not honest; Article 2 protections have been in place since the Framework was agreed and indeed it was in place in the earlier version known as the NI Protocol. As to the different legal frameworks, that has been the case since 2010 when our politicians declined to extend the Equality Act 2010 to Northern Ireland. Either these politicians are misleading us or they are woefully incompetent as legislators and leaders and unfamiliar with the laws that govern us.
For members of the public, we encourage caution when reading about and responding to this piece of work, and remind everyone that ECNI has a remit to protect every demographic in Northern Ireland.