Conservative MS says Supreme Court ruling on sex is ‘crystal clear’
Ella Groves, ICNN Senedd Reporter
A Conservative MS has described the Supreme Court’s ruling on biological sex as “crystal clear” – suggesting anyone with “a shred of common sense” would agree.
Casnewydd Islwyn MS Natasha Asghar made the remark during questions to the Welsh Government’s counsel general on Tuesday October 20.
She referenced comments made on October 11 by Deputy First Minister Sioned Williams, who said: “On International Day of the Girl, we are reminded of the importance of ensuring people in Wales can manage their periods with dignity, confidence and pride”.
Ms Asghar said it is “blindly obvious” that people do not have periods – women and girls do – adding that to suggest otherwise would be “absurd”.
The Tory MS asked the counsel general how he will be ensuring the Welsh Government and other public bodies are “following and implementing the law when it comes to protecting the rights of women and girls”.
Counsel general Elfyn Llwyd stressed the Welsh Government will “observe the law” and said: “It’s a matter of drawing up our policies in accordance with that law. It’s my duty to ensure that it does happen. The government will, I am sure, adhere.”
Equality Act
Reform MS Francesca O’Brien questioned what legal advice the counsel general has provided to the Welsh Government on the “compatibility of its policymaking with the Equality Act 2010”.
Ms O’Brien made reference to a scheme introduced by the previous Labour government, where a £5,000 grant was available for individuals from ethnic minorities undertaking teacher training.
Noting the scheme has been continued by the current Plaid Cymru administration, the Gŵyr Abertawe MS described it as “anti-white discrimination”.
She pushed Mr Llwyd to agree to publish any legal guidance given to the Welsh Government on the policy.
Stressing he cannot agree to publishing any legal advice, Mr Llwyd said: “The purpose of equalities law is to protect minority groups and those at risk of discrimination and also harassment. This aim fully reflects the Welsh Government’s values.”
Ms O’Brien also asked what legal advice has been given to the Welsh Government regarding its role within the national inquiry into grooming gangs.
Calling for Wales to have its own inquiry, Ms O’Brien drew attention to Section 29 of the Inquiries Act which allows Welsh ministers to hold an inquiry into anything they have powers over.
She asked Mr Llwyd to confirm whether the Welsh Government has the legal power to hold an inquiry into “how devolved services in Wales failed these children and young women”.
The counsel general confirmed the Welsh Government does have the legal power, but suggested it would be “prudent” to “await the decisions and recommendations of the present inquiry”.
He said: “None of us know what’s going to come out of this inquiry. What I do know is that we have a specialist team that are working very, very closely with the inquiry team, and Welsh issues are being raised properly, as they should be.
“We’ve applied for core participation status, and the outcome of that application is expected very, very shortly.
“I can assure the member that we are making every possible effort to ensure that the problems that occurred in Wales are properly evaluated, properly researched and part of the inquiry.”
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lol, these people think about being trans more than I do and I AM trans.
I think they protest too much….
Natasha Asghar MS (Conservative) is incorrect to claim the Supreme Court ruling defines biological sex. What it decided was that for the purposes of the provisions of the Equality Act the birth gender is to be used. It does not make a transexual any more or less of a person. To that end, in terms of interpreting the Act, discrimination should be avoided by suitable alternate or additional provision. An sure Elfyn Llwyd, counsel general, will legally advise the Welsh Government on policy according to that legal finding. Not what mush resides in Natasha’s head.
May be a bit dry, but Wales can work out a Welsh Constitution, maybe? All credit to the Reform MS for probing. This matters across the aisle. Elfyn Llywd plays straight bat – fair enough. But lets consider. Welsh Government will follow the law. Really? In the dispute over whether there are only 2 sexes, as the law says, EL is not out of the wood. A lot of people think there are more than 2 sexes, which they call genders. Welsh Government will not publish internal legal advice. Here we go. We get this in England over the Attorney… Read more »
If that was her exact wording, then she has zero understanding of what the high court ruled.
I know they’d like it to be that way, but merely “interpreting” the law isn’t understanding it.