O’Neill warns against ‘knee-jerk’ reactions to Supreme Court ruling on gender

Northern Ireland’s First Minister has warned against “knee jerk” reactions to the Supreme Court ruling on gender, as she called for a uniform response across the Stormont Executive.

Michelle O’Neill was commenting after DUP Education Minister Paul Givan instructed his officials to ensure that all schools in the region comply with the landmark ruling.

Sinn Fein vice president Ms O’Neill said it was “unfortunate” that move had come ahead of ministers receiving guidance on the court decision from the Northern Ireland Equality Commission.

The Supreme Court found that the terms “woman” and “sex” in the 2010 Equality Act “refer to a biological woman and biological sex”.

Northern Ireland is governed by its own equality laws, and the relevant provisions of the Equality Act do not apply in the region.

The Supreme Court ruling is nevertheless expected to influence public policy decisions in Northern Ireland.

The Equality Commission is preparing guidance on the ruling’s potential implications on Stormont departments.

Mr Givan has said he does not intend to wait for the commission’s guidance, which is not binding on departments, and instead intends to take decisions to offer “absolute clarity” in the education sector in relation to issues such as single-sex spaces and sporting participation.

He has made clear he is opposed to boys who identify as girls taking part in girls’ sports or using girls’ changing or toilet facilities.

Ms O’Neill said it was important ministers acted in a “uniform” way when responding to the ruling.

“I absolutely do believe that we need to be uniform and across the board,” she told reporters on a visit to the site of the new Strule Shared Education Campus in Omagh.

“Let’s make it understandable for everybody.

“The Supreme Court has made its ruling. It’s now for the Equality Commission to provide us with guidance as to what that means for us on a day-to-day basis, and across all of our departments and all of our public services.

“So, I would ask people to stop knee-jerking, and I would ask people to await the Equality Commission guidance, and then let’s have a uniform approach.

“I think it’s unfortunate that others have taken a different approach on this to this point.

“But you know, this is about compassion. This is about people out there in society who are fearful for their own safety.

“So, let’s be a bit compassionate for people. Let’s actually take our time, don’t knee-jerk to this, and actually understand the ruling and what it means for us here.”

Ms O’Neill was attending the sod-cutting event in Omagh with Mr Givan and his DUP colleague and deputy First Minister Emma Little-Pengelly.

Asked about the same issue, Mr Givan said individual departments had to comply with their own legal obligations.

“Each minister and every department and indeed public organisation is under their own individual responsibility to ensure that they’re complying with the law,” he said.

“The UK Supreme Court has now made it clear what the law is when it comes to sex, and it’s biological sex based upon male and female.

“So, I’m not going to wait for the Equality Commission, who can provide advice, but it’s for those who are responsible to take decisions, and therefore I will be taking decisions around this, and then that will need to be reflected in the guidance that operates within our education system.

“I think it’s incumbent on all ministers to reflect the outworkings of the UK Supreme Court, and that’s what I’m going to do.”

Ms Little-Pengelly said the ruling would have “significant tangential impacts” in Northern Ireland. She also said it was for individual departments to obtain their own advice.

“The Equality Commission, or any of these bodies, they are advisory, they’re there to give some guidance, but that doesn’t stop departments or agencies or bodies either from seeking their own advice and obtaining that advice but, of course, they also have those individual responsibilities under what the law is,” she said.

“So of course this is an urgent matter, and I have no doubt that organisations will be taking their own advice on this.”

She added: “It’s important that our public bodies do follow what the law is on this.

“I do feel very strongly that there needs to be those safe spaces for women. It is there for a good reason.

“Women can be very vulnerable in particular situations.

“Women have had their own personal experiences and will want, of course, to have those safe spaces and women-only spaces.

“I think that’s absolutely right. I think that’s common sense and I think that’s what the Supreme Court very clearly set out.

“So, of course, the departments and bodies and organisations should follow that.

“It does apply, of course, wider than just in relation to the Equality Act of 2010 and, of course, I have no doubt that we will see much more discussion and debate about this in due course over the next number of weeks.”