By Catriona Stewart

Copyright scotsman

Scotland’s education secretary has repeatedly refused to clarify whether new school toilet guidance allows biological males to use girls’ facilities. Jenny Gilruth was pressed twice for an explicit answer to the question of whether male students who identify as girls can use female lavatories and changing rooms. In response, Ms Gilruth said “the rights of all children and young people must be respected in our schools”. Six months on from a Supreme Court ruling that means gender self-ID policies championed by former first minister Nicola Sturgeon are now unlawful, the Scottish Government has now published updated transgender schools guidance. Ms Gilruth was called to the Holyrood chamber on Tuesday to answer an urgent question from Tory MSP Pam Gosal on the drafting of the document. Read The Steamie – our dedicated politics newsletter The SNP Cabinet secretary was asked twice to give a yes or no response to the question of single-sex toilet access. However, Ms Gilruth’s response refused to address the question. Ms Gosal called the refreshed guidance a “muddled mess” and said schools had been let down by a lack of clarity from Scottish ministers. “There was nothing confusing about the Supreme Court’s ruling – women and girls are entitled to single-sex spaces,” she said. “Yet the SNP ducation secretary still can’t tell us whether biological males will be allowed to use girls toilets and changing rooms in our schools.” Ms Gosal also expressed concern at the inclusion of advice from the Scottish Government-funded LGBT Youth Scotland, which she called “mired in scandal”. She said: “This extremist organisation even claimed biological sex doesn’t exist, a stance condemned by child health experts. SNP ministers should be listening to the Supreme Court, not this discredited organisation. “They should finally step up and guaranteed single-sex spaces in every Scottish school.” Scottish Conservative MSP Douglas Ross also pushed the education secretary to say clearly whether the new guidance left scope for males to use girls’ facilities. He said: “This was typical deflection from Jenny Gilruth. It is ridiculous that she had repeatedly failed to answer this straightforward question when asked by myself and others. “Her evasion completely flies in the face of her claims that this guidance delivers clarity. Parents, staff and pupils deserve better than this. “The SNP’s education secretary must make it clear that this new guidance is completely in line with the clear verdict from the Supreme Court, rather than muddying the waters once again.” Previous guidance stated that trans pupils should “where possible” be able to use facilities they feel “most comfortable” using. Schools have now been told access should be based on biological sex, but the guidance adds individual local authorities must make their own decisions. New rules say “separate toilet facilities for boys and girls must be provided in schools” and that “as the law stands, the facilities require to be made available on the basis of biological sex”. Gender-neutral disabled lavatories should be made available to trans pupils, the guidance adds, and says trans young people can be allowed to use the bathrooms outwith break times. The Scottish Government has been contacted for comment.