Dates fixed for definition of ‘woman’ judicial review

Dates fixed for definition of ‘woman’ judicial review

A judge in the Court of Session has fixed a date for a judicial review of Scottish ministers’ definition of “woman” in legislation.

Lady Wise has arranged for a two-day judicial review on January 7 and 8.

For Women Scotland is challenging ministers over the definition of “woman” in the Gender Representation on Public Boards (Scotland) Act 2018 which it believes is ultra vires of the Scotland Act and contrary to ministers’ duties under equality legislation.

The act was aimed at improving the representation of women on the boards of Scottish public authorities. It was introduced to redress historic under-representation of women on these boards by setting an objective for the non-executive member component in order to achieve 50 per cent female representation.

It places duties on public authorities, appointing persons, and Scottish ministers in connection to their role in achieving the gender representation objective.

Vic Valentine, manager of Scottish Trans Alliance, told The Herald: “If the court throws out this legislation it will set back the rights of all women – not just trans women – to take part in public life in Scotland. All women should have their voices heard by public bodies, and trans women should not be singled out to be excluded.”

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