Wings Over Scotland

The Presiding Officer has finally reluctantly deigned to allow the Scottish Parliament to discuss the issues arising from Sandie Peggie vs NHS Fife, in the shape of a debate taking place in the chamber this afternoon brought forward by the Scottish Tories.

We suspect that watching it will be profound waste of time and a grave danger to our monitor screens, but we’ll certainly at least tune in for the votes at the end, because which motion/amendment the Parliament puts its name to will be a revealing moment.

Let’s quickly run those through a translator.

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It’s one of the most profoundly disappointing things about the last decade of Scottish politics that for about five minutes in 2015 we all thought that this awful dunderheaded foghorn was a bright new hope for the future.

But you live and learn. At least, some of us do.

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In April 2021, the SNP were still the undisputed masters of all they surveyed. A poll conducted by Ipsos MORI that month showed them on 53% of the vote for the Scottish Parliament, a jawdropping 33 points ahead of their nearest rivals.

When the Holyrood election a month later was held, they won 64 seats, one more than they had done in 2016. Yet despite having led a minority government without any significant difficulties for the preceding five years, Nicola Sturgeon chose to invite the Greens to form a coalition with her party, and the effect that had on the public’s view of the government was… well, let’s see.

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We actually agree with John Swinney here.

The law – more specifically the Workplace (Health, Safety, and Welfare) Regulations 1992 –  is indeed “crystal clear”. It states, wholly unambiguously, that men and women must be provided with separate single-sex changing facilities, which could under NO lawful conditions include Dr “Beth” Upton and nurse Sandie Peggie at the same time.

The difficulty is that any minute now, someone is going to ask the beleaguered First Minister the staggeringly obvious question that arises from the fact, namely:

Why didn’t NHS Fife know that?

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Much of Scotland, and indeed the rest of the UK and beyond (the story below ran in the London Standard), has been grimly gripped this week by the ongoing and scarcely believable trainwreck that is Sandie Peggie Vs NHS Fife.

The tribunal has now overrun the time allotted to it, and will reconvene for another 10 days in the second half of July, ramping up the already considerable costs incurred by NHS Fife, which is in the middle of a huge financial crisis.

According to legal experts, there is little doubt about the law surrounding the dispute. NHS Fife is clearly and unambiguously in the wrong – Dr Beth Upton, the transwoman at the centre of the problem, is legally as well as biologically male, and had no lawful entitlement to be in a female changing room. The authority also appears to be in very considerable potential trouble over failing to disclose key documents and evidence when ordered by the original judge.

So it seems remarkable that the board of NHS Fife is allowing the case to continue rather than immediately conceding to save money and any more public humiliation of both itself and its staff, like the hapless nurse manager Esther Davidson who endured a very uncomfortable two days in the witness box this week, and the clearly manifestly incompetent Equality And Human Rights Lead Officer, Isla Bumba, who yesterday deleted her LinkedIn page after being identified as the person who gave Davidson incorrect and unlawful guidance.

(Bumba is a 29-year-old immunology graduate and former bartender who ditched the challenging and gruelling field of vaccine development for a rather cushier number in pronoun-policing for £40-47,000 a year, somewhat more than the £31,000 average wage for staff nurses like Sandie Peggie, who’s been in the profession for longer than Bumba has been alive.)

Readers may reasonably wonder if the makeup of the board might offer some clues.

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As alert Wings readers will know, we’re fond of a WW2 analogy from time to time. The conflict is so extensively documented, and so deeply embedded in British culture (for both good and ill), that it’s a reliable tool for getting points across concisely and clearly.

(It’s also one of the last major wars in which, overall, the good guys and the bad guys were pretty indisputably easy to identify.)

So let’s keep that in mind for a moment while we look at this.

And then let’s talk about Stalingrad.

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For 10 years in Germany between 1935 and 1945, Jewish people were not legally human. The Nuremberg Laws, drafted in large part by Wilhelm Stuckart, established the principle in law that Jews were to be denied any rights on the basis that they were untermensch, a German word literally meaning “subhuman”.

It would be, to say the least, highly controversial for anyone to put forward in 2025 the idea that Jewish people had actually ceased to be human beings during that period, even though the various laws had been passed by a legitimately-elected government in peacetime and attracted little in the way of international condemnation.

The truth is that regardless of what the law said, Jewish people remained humans for the whole time, which is why Nazi war criminals were tried after the war for “crimes against humanity”. The passing of a law had had absolutely no effect on their biological reality. (Other than that it led to millions of them being murdered, of course.)

But anyway. Nicola Sturgeon.

Is the above how she imagined her feminist legacy, do you think, readers?

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Since it was founded back in November 2011, Wings Over Scotland has been solely financed by its readers. The site has never carried any advertising, we have no secret corporate backers, everything we do is funded by transparent voluntary donations and subscriptions, mostly of a few pounds a month.

We have the freedom to write what we believe, thanks to you, our readers. And since those earliest days, opponents have tried to end that freedom by blocking our funding.

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The proceedings at the Supreme Court this week were a tough follow even if you could get the court’s abominably bad livestream to work. They’re all archived here now, but non-lawyers will probably glaze over quickly during the nine hours of intense legalese.

We’re not allowed to clip up any illustrative sections, on pain of possible contempt of court, so perhaps the best way to explain the key parts of what happened in a vaguely comprehensible way is by showing you some commentary from social media.

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The Scottish Government has finally, and reluctantly, published its submission for next week’s crucial Supreme Court hearing on the definition of the word “woman”.

Many expert observers have already noted that the document flatly contradicts the Scottish Government’s previous repeated and strenuous assertions that a Gender Recognition Certificate confers “no new rights” on trans people, and have published extremely detailed assessments which are frankly all but impenetrable to non-lawyers but basically conclude that the Scottish Government’s position is a mess.

Our favourite line, however, is this one.

So if you’re obliged to have a 50/50 sex balance in your boardroom, you can do it by hiring a man with a GRC saying he’s legally female, or by hiring a woman.

We believe that the young folk nowadays call that a “self-own”.

As a lifelong political geek and former SNP and Alba Party member, I’ve spent years supporting Scotland’s independence movement. However, over the last few years, I’ve watched the campaign (as opposed to support for independence) wither away. Being a Scottish nationalist has become increasingly disheartening, like watching someone you love succumb to a slow, debilitating illness. In frustration, I switched off from my homeland and turned my focus to the drama of US politics.

Over the last three years I immersed myself in it, watching both left and right-wing outlets. I became so hooked and invested that I jumped on a plane to Washington DC for the 2024 election. I canvassed with DC Democrats in rural Pennsylvania (that’s me third from the left in the pic below), attended Kamala Harris’s concession rally, and went to Trump’s only watch party in DC.

My journey led me to believe that Scotland’s independence campaign could learn a great deal from Trump’s victory and the Democrats’ failure.

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We’ll give you three guesses as to the highly controversial and extravagantly taxpayer-funded organisation that has its rainbow fingerprints all over this story, readers.

But you’re going to have two to spare.

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