Westminster to block Scottish gender reform bill
Scottish Secretary Alister Jack has announced a Section 35 order - which stops a bill from becoming law - will be used.
Last updated 16th Jan 2023
UK Government ministers have decided to block Scottish legislation designed to make it easier for someone to change their legally recognised gender.
Scottish Secretary Alister Jack has announced a Section 35 order - which stops a bill from becoming law - will be used.
Alistair Jack said the move was taken due to consequences for "the operation of GB-wide equalities protections."
He said: "I have decided to make an order under section 35 of the Scotland Act 1998, preventing the Scottish Parliament’s Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.
“After thorough and careful consideration of all the relevant advice and the policy implications, I am concerned that this legislation would have an adverse impact on the operation of Great Britain-wide equalities legislation.
“Transgender people who are going through the process to change their legal sex deserve our respect, support and understanding. My decision today is about the legislation’s consequences for the operation of GB-wide equalities protections and other reserved matters.
“I have not taken this decision lightly. The Bill would have a significant impact on, amongst other things, GB-wide equalities matters in Scotland, England and Wales. I have concluded, therefore, that this is the necessary and correct course of action.
“If the Scottish Government chooses to bring an amended Bill back for reconsideration in the Scottish Parliament, I hope we can work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation.
"I have written today to the First Minister and the Scottish Parliament’s Presiding Officer informing them of my decision."
"Full-frontal attack" on Scottish Parliament - Nicola Sturgeon
Nicola Sturgeon called the move an "attack" on the Scottish Parliament and says her Government will defend the legislation.
Posting on Twitter, she said: "This is a full-frontal attack on our democratically elected Scottish Parliament and it's ability to make it's own decisions on devolved matters.
"The Scottish Government will defend the legislation and stand up for Scotland’s Parliament.
"If this Westminster veto succeeds, it will be first of many."
Last month, MSPs have voted by 86 votes to 39 in favour of the Gender Recognition Reform (Scotland) Bill.
The bill would remove the need for a medical diagnosis of gender dysphoria before obtaining of a gender recognition certificate (GRC).
The changes would also drop the minimum age for applying for such a certificate from 18 to 16, and bring down the time a person is required to live in their acquired gender.