Education Minister orders withdrawal of transgender guidance for Northern Ireland schools

Northern Ireland Education Minister Paul Givan

Education Minister Paul Givan has instructed the Education Authority to immediately withdraw its 2019 transgender guidance following a UK Supreme Court ruling that clarified legal references to “sex” mean biological sex.

The Minister confirmed that the court’s April judgement in For Women Scotland Ltd v The Scottish Ministers had direct consequences for education policy across Northern Ireland.

“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.

He stressed that education policy should “be grounded in legal clarity and prioritise the best interests of children” rather than “driven by ideology”.

Concerns over school policy

The Education Authority’s non-statutory 2019 guidance advised that transgender pupils should be able to use facilities, such as toilets and changing rooms, in line with their gender identity.

Mr Givan said:

“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.”

He confirmed that he had sought legal advice before making the decision, concluding that the existing guidance “does not reflect Departmental policy and is inconsistent with the law in Northern Ireland”.

New policy statement published

The Department of Education has now published a formal Policy Statement on facilities, pronoun use, and participation in competitive sport across all grant-aided schools in Northern Ireland.

The statement makes clear that when the terms “boys” and “girls” are used, they refer to biological males and biological females respectively.

Acknowledging the sensitivity of the issue, Mr Givan added:

“This is not about denying the experiences of any individual. We are dealing with real young people – their lives, their wellbeing and their futures.

“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.”

The full Departmental Policy Statement is available here.