Education Minister has written to the Education
Authority requesting the immediate withdrawal of its 2019
transgender guidance.
The decision follows the UK Supreme Court ruling in For Women
Scotland Ltd v The Scottish Ministers, handed down on
16 April, which clarified that references to "sex" in law refer
to biological sex.
Outlining the decision, said: “The UK Supreme
Court's ruling has direct implications for education policy and
practice in Northern Ireland. The legal position is now clear:
references to ‘sex' in law are references to biological
sex.
“Education policy must be grounded in legal clarity and
prioritise the best interests of children. It should
not be driven by ideology.
“The Education Authority's 2019 guidance, which is
non-statutory, advised transgender pupils to access facilities,
such as toilets and changing rooms, aligned with their gender
identity.
“I have already been clear that I do not believe a boy
who identifies as a girl should participate in girls' sports or
use girls' changing rooms and toilet facilities. Similarly, I do
not believe that pupils or teachers should be compelled to use
pronouns that do not reflect biological sex.”
The Minister continued: “Given the complexity of some of
the issues involved, I asked officials to consider the
implications of the recent Supreme Court decision and to seek
legal advice to provide me with a secure legal basis on which to
take decisions.
“Having carefully considered the legal advice provided, I
have concluded that the current Education Authority guidance does
not reflect Departmental policy and is inconsistent with the law
in Northern Ireland.
“While many of these issues are best managed at a school
level, consistent with the ethos of the school, the Department
has a responsibility to set clear, lawful, guiding
principles.”
The Department has today published a Policy Statement on the use
of certain facilities, participation in competitive sport and use
of pronouns for all grant-aided schools in Northern Ireland.
Where this policy statement refers to ‘boys' and ‘girls' it
refers to biological males and biological females respectively.
The policy can be viewed here: https://www.education-ni.gov.uk/publications/policy-statement-use-certain-facilities-participation-competitive-sport-and-use-pronouns
Acknowledging the complexity and sensitivity of the issue, concluded: “This is not
about denying the experiences of any individual. We are dealing
with real young people – their lives, their wellbeing and their
futures.
“This is not an easy issue, but we cannot shy away from
it. As Education Minister, I am committed to ensuring our schools
are safe, respectful and supportive environments for every
child.”
