Scotland to take UK government to court over gender reform veto
Scotland's leadership will take on Westminster in a court clash over the decision to veto Scotland's gender recognition reforms, as ITV News' Peter Smith explains
Scotland's leadership has confirmed it will take the UK's government to court over its decision to veto the country's gender recognition reforms.
Westminster used Section 35 powers under the Scotland Act to prevent the Gender Recognition Reform (Scotland) Bill from gaining royal assent in January this year.
The legislation, which was passed by Holyrood last December, was introduced to simplify and speed up the process used by trans people to gain legal certification in their preferred gender from the age of 16.
But some women’s rights campaigners raised concerns about the impact the legislation would have on single-sex spaces for females.
The UK government, meanwhile, insisted it would have an “adverse impact on the operation of Great Britain-wide equalities legislation”.
This was the reason given by Scottish Secretary Alister Jack for the decision to use Section 35 powers for the first time in the history of devolution to veto the Bill.
Prime Minister Rishi Sunak said on Wednesday that that decision had been made “after taking very careful and considered advice”.
Speaking to reporters in Belfast, Mr Sunak added: “We had concerns, as the UK government – the Secretary of State – set this out at the time, about how Scotland’s gender recognition act would interact with reserved powers, about the operation of the Equalities Act, the protection of women elsewhere in the UK as well.
“That’s why we took the decision to block the GRR. Obviously there’s a court process, we will follow that through.”
Holyrood’s Social Justice Secretary Shirley-Anne Somerville insisted legal action is the “only reasonable way” of resolving the situation.
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She said the legislation had been “passed by an overwhelming majority of the Scottish Parliament, with support from members of all parties”.
The use of Section 35, she added, represented “an unprecedented challenge to the Scottish Parliament’s ability to legislate on clearly devolved matters”, and “risks setting a dangerous constitutional precedent”.
“In seeking to uphold the democratic will of the Parliament and defend devolution, Scottish ministers will lodge a petition for a judicial review of the Secretary of State for Scotland’s decision," she said.
“The UK government gave no advance warning of their use of the power, and neither did they ask for any amendments to the Bill throughout its nine-month passage through Parliament.
“Our offers to work with the UK government on potential changes to the Bill have been refused outright by the Secretary of State, so legal challenge is our only reasonable means of resolving this situation.
“It is important to have clarity on the interpretation and scope of the Section 35 power and its impact on devolution. These matters should be legally tested in the courts.”
During the contest to replace Ms Sturgeon as SNP leader and Scottish first minister, Humza Yousaf made clear his “first principle was to challenge what I consider to be an undemocratic veto over legislation that was passed by a majority of the Scottish Parliament”.
Equalities spokeswoman Maggie Chapman said: “If the Tories get away with overriding our Parliament on such a clearly devolved area then it will set a dangerous precedent that could be used time and again.
"That is why everyone who believes in equality or devolution must support this challenge and oppose the Tory veto.”
Mr Jack said the UK government will defend its position.
He said: “The UK government will robustly defend the decision to prevent the Scottish government’s Gender Recognition Reform Bill from becoming law.
“I made the order under Section 35 of the Scotland Act 1998 after thorough and careful consideration of all the relevant advice and the policy implications.”
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