Murdo Fraser MSP has said that Perth and Kinross Council appears to be acting “illegally” by stating male employees who self-identify as women can use female toilets.
The Scottish Conservative politician said the local authority are clearly defying the recent judgement from the Supreme Court who ruled that a woman is defined by biological sex under equalities law. The court agreed with campaign group For Women Scotland, who brought a legal case against the Scottish Government, arguing that sex-based protections should only apply to people that are born female.
The ruling was thought to bring clarity for women and service providers such as councils, hospitals, refuges and sports clubs.
Mr Fraser was responding to a Freedom of Information (FoI) request submitted by Free Speech Union (FSU) Scotland, which revealed that Perth and Kinross Council have said that individuals ‘are permitted to access single-sex facilities that align with their self-identified gender as of 18 April 2025.’ They also state that this approach is in line with their commitment to non-discrimination and the principles of dignity and respect for all.
In response to the FoI, Perth and Kinross Council say it is committed to promoting equality and inclusivity.
Commenting, Mr Fraser said: “I am sure many local residents will be gobsmacked to learn that Perth and Kinross Council is apparently willing to break the law by allowing male employees to enter women’s toilets. This is clearly against the ruling of the Supreme Court and fails to protect their female workers who must be concerned by this statement. The Council are leaving themselves open to legal action.
“One of the main reasons why For Women Scotland took the Scottish Government to the Supreme Court was to protect single-sex spaces for women and, although it is hard to believe, actually define what the actual definition of a woman is. However, we have already seen NHS Fife refuse to listen to this ruling and now we find out that Perth and Kinross Council are ignoring it as well by stating that males can use women’s’ toilets, which is utterly shocking.
“There is no logical reason for the Council going down this route as the Supreme Court made it clear that the rights of transgender people are still protected following the judgement.”
Mr Fraser continued: “I realise that this is a very emotive subject but the ruling could not be clearer. We need to see the Scottish Government act on this, as we are likely to see more instances such as this replicated in other local authorities until the Scottish Government issue guidance on the ruling.”
