Paul Givan asks Education Authority to withdraw transgender guidance and issues new policy for schools
Paul Givan has written to the Education Authority asking it to withdraw its 2019 guidance for supporting transgender pupils at schools.
The Education Minister has also issued a new policy statement on the use of facilities, participation in competitive sport and the use of pronouns in schools.
He said he took the actions in response to a recent UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers, which, he said, clarified that references to ‘sex’ in law refer to biological sex.
Mr. Givan said: “The UK Supreme Court’s ruling has direct implications for education policy and practice in NI. The legal position is now clear: references to ‘sex’ in law are references to biological sex.
“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 moves have prompted calls for Mr. Givan to publish any legal advice he received in advance of the decision.
“The Education Minister’s decision to remove this guidance will cause a significant amount of stress and worry for pupils, families and education workers alike.
“Life is difficult enough for young transgender people. They struggle to access gender-affirming healthcare, face higher rates of mental ill health and bullying, and suffer from a lack of inclusive spaces,” said People Before Profit MLA Gerry Carroll.
The policy statement published by the Department of Education the states that boys should not use changing rooms when such changing rooms are being used by girls’ and ‘girls should not use changing rooms when such changing rooms are being used by boys’.
Separate toilets must be used where provided, the policy states.
And boys and girls should not compete against one another in sports unless ‘Governing Bodies of a sport have made provision for competitive participation between boys and girls’.
"Neither pupils nor teachers should be compelled to use pronouns other than those which reflect biological sex,” the policy adds.
Mr. Givan stated: “This is not about denying the experiences of any individual. We are dealing with real young people – their lives, their wellbeing and their futures.”