Northern Ireland’s Education Minister, Paul Givan, has ordered the immediate removal of the Education Authority’s transgender guidance, saying that he does not believe that pupils or teachers should be compelled to use pronouns that do not reflect biological sex.
It emerged on Monday that Mr Givan, an MLA for the Democratic Unionist Party (DUP) has written to the Education Authority requesting the withdrawal of its 2019 guidance. The non-statutory guidance advised transgender pupils to access facilities, such as toilets and changing rooms, aligned with their gender identity as opposed to their biological sex.
The decision follows the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers, handed down in April, which clarified that references to “sex” in law refer to biological sex.
“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,” Mr Givan said.
in a statement, the government minister said that education policy must be “grounded in legal clarity and prioritise the best interests of children. It should not be driven by ideology.”
Mr Givan continued: “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.”
Mr Givan further said that he has 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,” the Minister added.
“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.”
On Monday, the Department of Education in the North 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, the Department clarified in a statement.
The statement stresses that “neither pupils nor teachers should be compelled to use pronouns other than those which reflect biological sex.”
It also says, in relation to the use of changing rooms and toilet facilities, that “boys should not use changing rooms when such changing rooms are being used by girls; girls should not use changing rooms when such changing rooms are being used by boys.”
It adds: “Boys and girls should use separate toilet facilities where these are provided. Boys should not use toilet facilities that are dedicated to the use of girls; girls should not use toilet facilities that are dedicated to the use of boys.”
Regarding competitive sports, the document notes: “Except where the Governing Bodies of a sport have made provision for competitive participation between boys and girls, boys should not participate in competitive sport against girls; girls should not participate in competitive sport against boys.”
“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,” Mr Givan said.
Taking to social media, the politician said the move was a “victory for common sense,” adding: “I believe that this is a sensible move that gives clarity to schools, teachers and parents.”