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We actually agree with John Swinney here.
The law – more specifically the Workplace (Health, Safety, and Welfare) Regulations 1992 – is indeed “crystal clear”. It states, wholly unambiguously, that men and women must be provided with separate single-sex changing facilities, which could under NO lawful conditions include Dr “Beth” Upton and nurse Sandie Peggie at the same time.
The difficulty is that any minute now, someone is going to ask the beleaguered First Minister the staggeringly obvious question that arises from the fact, namely:
Why didn’t NHS Fife know that?
Because while the responsibility for NHS boards knowing the law is essentially theirs, they’re also entitled to expect reliable guidance from the Scottish Government on how the law should be interpreted, and any public body that had been following the actions of the Scottish Government for the last decade or so would be forgiven for drawing the conclusion that the stance they were expected to take was “do whatever transgender people say and give them whatever they want under all circumstances”.
But that isn’t the law, and – in so far as anyone in Scotland is actually held accountable for anything any more – someone will have to carry the can for the political car crash and significant waste of public money that has ensued from NHS Fife so manifestly not knowing it. If someone doesn’t find themselves thrown under a bus for it pretty soon, Swinney himself risks being the third SNP First Minister brought down by the madness of the gender cult and having to wave Bute House goodbye.
We look forward to someone asking the question in the coming days.
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