Inclusion of Trans and Non-Binary People in Equality Impact Assessments: FOI release

Information requested

• Can you please advise [including precise references to sections of the Equality Act 2010 or Codes published by the Equality & Human Rights Commission] what government’s legal basis is for the inclusion of ‘trans and non-binary’ issues in Equality Impact Assessments ?
• Could you also please explain what rights Scottish government considers ‘trans and non-binary’ people have under the Equality Act 2010 [with specific references to sections of the Equality Act 2010 or Codes published by the EHRC] and claimed by 5.2 above ?

Response

We have interpreted your request as asking for the Scottish Government’s legal basis for the inclusion of Trans and Non-Binary People in Equality Impact Assessments and an explanation of the rights of Trans and Non-Binary people under the Equality Act 2010.

We do not provide legal advice to external parties or share legal advice provided to the Scottish Government. So far as your queries are about the legal effect of the recent Supreme Court decision on reserved provisions of the Equality Act 2010, these queries should be re-directed to the EHRC and UKG who are responsible for these provisions.

Trans people generally are covered by the protected characteristic of gender reassignment in the Equality Act 2010. Equality Impact Assessments should consider the impact of proposed policies on the protected characteristic of gender reassignment and on the other protected characteristics in the 2010 Act.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.