NHS Fife has been accused of trying to ‘smear’ the woman at the heart of a trans row tribunal after attacking the charity that supports her.
The embattled health board took a swipe at Sex Matters, saying it had given a running commentary on the legal battle while the NHS board was unable to.
In the ‘desperate’ statement, issued in the midst of an ongoing legal action against it and transgender medic Dr Beth Upton by nurse Sandie Peggie, NHS Fife said the debate around the case had become ‘polarised’ and resulted in threats and police involvement.
The board claimed the charity, which is campaigning for human rights when they relate to biological sex, appeared to be ‘steering public opinion’.
Scottish Conservative equalities spokesman Tess White said: ‘It’s disgraceful that NHS Fife are trying to smear Sandie Peggie and the groups that supported her, instead of taking some responsibility for their own appalling conduct.
Scottish Conservative equalities spokesman Tess White said: ‘It’s disgraceful that NHS Fife are trying to smear Sandie Peggie and the groups that supported her, instead of taking some responsibility for their own appalling conduct.
Scottish Conservative equalities spokesman Tess White said: ‘It’s disgraceful that NHS Fife are trying to smear Sandie Peggie and the groups that supported her, instead of taking some responsibility for their own appalling conduct.
‘This discredited health board has already blown a small fortune trying to silence a nurse who stood up for women’s rights – and they’re still refusing to follow the law on single-sex spaces. How on earth can SNP ministers still have confidence in this dysfunctional health board?
Nurse Sandie Peggie sued NHS Fife and transgender medic Dr Beth Upton on equality grounds
Dr Beth Upton, who was born a man, is at the heart of the tribunal case
‘NHS Fife should be apologising to Sandie Peggie, not putting out defamatory statements.’
It came as the tribunal, in which Ms Peggie, 51, is taking action against the board and Dr Upton on equality grounds, continued in Dundee yesterday. The board’s bid to ‘clarify’ its position backfired after the statement, with its website crashing briefly immediately after.
The statement read: ‘The claimant’s case is being supported by Sex Matters, whose chief executive officer and co-founder was called as a witness by the claimant in the earlier hearing.
‘The claimant’s barrister is also chair of Sex Matters. Other members of the organisation’s “advisory group” have provided commentary to the media on a number of occasions where no reference is made to their direct involvement in the organisation.
‘Sex Matters have been very active, making statements which it would appear are aimed at steering public opinion in a way that NHS Fife as a public body clearly cannot.’
It added: ‘There has been significant and very polarised debate on social media regarding the case and associated issues, throughout.
‘In some cases, however, what began as debate has evolved into much more worrying behaviour, including a threat of physical harm and sexual violence, which has required the involvement of Police Scotland.’
NHS Fife later tweaked the release, adding: ‘NHS Fife is not seeking to suggest that anyone involved with Sex Matters have contributed to the behaviour or issues mentioned above.’
Maya Forstater, CEO of Sex Matters, said NHS Fife had dug itself into a reputational black hole amid the ‘extraordinary intervention’
Sex Matter’s CEO Maya Forstater said: ‘This is an extraordinary intervention from NHS Fife, even by the board’s standards.
‘NHS Fife has dug itself into a reputational black hole.
‘If the only way forward the board can see is to lash out, including by criticising Sex Matters, which has at all times acted with propriety and in pursuit of its charitable objects, that suggests desperation.’
Scottish Labour deputy leader Dame Jackie Baillie said: ‘It is now important that NHS Fife settles the tribunal case and brings this sorry saga to an end.’
A Police Scotland spokesman said: ‘We have received information and it is being assessed.’
The tribunal was briefly halted yesterday after the statement was issued so that Ms Peggie’s team could seek advice.
Charlotte Elves, junior barrister for the nurse, said: ‘A good part of the reason that these proceedings are taking place in Dundee rather than Edinburgh, as was originally listed, was at least in part because of threats made against the claimant’s legal team back in January of this year.
‘And at that time, the claimant never publicly described that state of affairs nor sought to attribute those threats from members of the public with any of the parties, legal representatives or witnesses in these proceedings because quite obviously doing so would be entirely improper during proceedings.’
She added it was ‘unfortunate’ that the press statement suggests Sex Matters ‘has perhaps been involved in steering public opinion’ which has led to a ‘threat of physical harm and sexual violence which has required the involvement of Police Scotland’.
Ms Elves concluded: ‘The short point is that this is quite unusual conduct of a party in proceedings to have continued in this manner and we are concerned that it’s irresponsible and potentially unsafe course in the context of what we already know.
‘It’s for that reason that we bring it to the tribunal’s attention so the tribunal can consider whether any steps ought to be taken.’
Jane Russell, KC, for NHS Fife, said she had only just read the statement and wished to take legal instruction.
But she said there didn’t appear to be ‘anything in it that is untrue’ and added: ‘If it’s being suggested that there’s some sort of defamation of anybody involved, I don’t think that that issue is a legal issue that this tribunal can determine.’
