“I do not believe that pupils or teachers should be compelled to use pronouns that do not reflect biological sex”
Education Minister Paul Givan 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 April 16. The Supreme Court found that the terms “woman” and “sex” in the 2010 Equality Act “refer to a biological woman and biological sex”.
Outlining the decision on Monday, Paul Givan 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.
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“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 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.
Paul Givan added: “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.”
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