FREAK OUT OVER TRANS RIGHTS
UKRishi Sunak says Government could block Nicola Sturgeon’s gender Bill
Dominic Penna
Fri, December 23, 2022
Rishi Sunak - Joe Giddens/Reuters
Rishi Sunak has said it is “completely reasonable” for the Government to consider blocking Nicola Sturgeon’s overhaul of transgender laws.
Scots as young as 16 will be allowed to change their legal gender by signing a declaration after the SNP passed a new Bill on Thursday.
But the law could be vetoed after Alister Jack, the Scottish Secretary, warned that the Government was willing to employ powers never used before to stop it receiving Royal Assent.
Under Section 35 of the 1998 Scotland Act, Westminster can ban Scottish legislation if it thinks it has an “adverse effect” on laws over which the UK Parliament has ultimate jurisdiction.
On Friday, Mr Sunak told Sky News: “Lots of people have got concerns about this new Bill in Scotland, about the impact it will have on women’s and children’s safety.
“So I think it is completely reasonable for the UK Government to have a look at it, understand what the consequences are for women and children’s safety in the rest of the UK, and then decide on what the appropriate course of action is.”
Mr Sunak took a stand against “self-ID” policies during his Tory leadership campaign in the summer as he vowed to ensure the Equality Act was clear that sex meant biological sex.
On the campaign trail, he told Tory activists: “It is because we are not captured by identity politics that we can take on and stand up to this woke nonsense that wants to cancel our history, our values, and can’t even say what a woman is.”
His comments came after Kemi Badenoch, the International Trade Secretary, warned that the Gender Recognition Bill would impact the functioning of the Equality Act across the country.
Ms Badenoch added that the Government was “looking at provisions that can prompt reconsideration and allow MSPs to address these issues”.
Senior Whitehall figures fear the new Scottish laws, which make it significantly easier for someone to officially change their legal gender than in the rest of the UK, will put single-sex spaces such as prisons and changing rooms in jeopardy across the country.
There have been warnings it could lead to so-called “trans tourism”, whereby a transgender woman could travel to Scotland to legally change gender and then use the official status to access female-only spaces south of the border.
Being a woman is not a ‘costume or a feeling’, Nicola Sturgeon warned
Daniel Sanderson
Wed, December 21, 2022
Ash Regan - Lesley Martin/PA Wire
Nicola Sturgeon has been warned by one of her former ministers that being a woman is not a “costume or a feeling” as MSPs were poised to approve her radical transgender reforms on Thursday.
At Holyrood, even vocal opponents of the gender self-identification system, which will allow Scots aged 16 and over to change their legally-recognised sex by signing a declaration, acknowledged it was almost certain to pass.
However, the First Minister was subjected to scathing criticism from prominent members within her own party, who warned her they would continue to fight against the plans.
They also raised the prospect of a court challenge, with the UK government potentially stepping in due to legal confusion caused by cross-border divergence which could lead to a trans woman being legally female in Scotland but male once they cross the border.
It is understood that the UK Government is unlikely to recognise Scottish Gender Recognition Certificates (GRCs) as it does not believe in a self-identification model.
Feminist groups hinted that they were also prepared to take the Scottish Government to court in a bid to overturn the controversial system, should the UK Government decline to step in.
Sturgeon - Colin Fisher / Alamy Live News
The SNP and Green coalition government at Holyrood has been determined to push the law, one of the most controversial in Holyrood’s history, through parliament this week despite widespread public opposition to the measures.
In a second marathon session in two days, MSPs sat late into the night and delayed a final vote and debate on the legislation until Thursday afternoon.
Even before the final vote, opponents of the law vowed to fight against the self-ID system, which they claim will put the rights and safety of women and girls at risk.
Ash Regan, an SNP politician who stood down as a minister to oppose the plan, told the rally outside Holyrood that being a woman was “not a costume, it’s not a feeling” but a “material reality grounded in biology”.
Speaking later in the Holyrood chamber, she told MSPs they must vote against the law if they believed there was any risk at all that it would put women or girls at greater risk.
She added that the Bill would introduce “a hierarchy of rights where women’s rights are being demoted”.
“If you have any doubt, any doubt at all that it will make women and girls less safe, then you cannot vote for it,” she urged her colleagues.
Joanna Cherry KC, the SNP MP who also spoke at the rally against the proposals, launched a series of thinly-veiled attacks on Ms Sturgeon.
She said that “better lawyers than I am” believed there were “legal issues” with the Bill and pledged: “We will win this fight”.
“Those of us who have worked with the survivors of sexual or violent abuse know that some predatory men will take advantage of this to get access to vulnerable women,” Ms Cherry said.
“The women’s movement has been rejuvenated. Women have made common causes across party lines.
“With that cross-party support, we’re going to fight on against this Bill, we’re going to continue to stand up against the bullies who’ve tried to silence us.
“This ideology may have captured powerful people in our country, but it’s not captured everyone. Public opinion is on our side.”
gender reform bill - Jane Barlow/PA Wire
Meanwhile, Michael Foran, a lecturer in public law at the University of Glasgow, speculated that the UK Government could step in to block the law from coming into force.
He said there was a “distinct possibility” that conditions allowing British ministers to issue what is known as a Section 35 order, a never before used provision which allows them to block Holyrood laws, would be met.
Shona Robison, the SNP minister in charge of the legislation, has repeatedly claimed that the self-ID system will not make any difference to women’s safety.
She has said that it will remain lawful for service providers to exclude trans people from certain areas or activities, even if they held a GRC, as long as certain legal conditions are met.
However, a series of amendments designed to make it explicitly clear that single-sex spaces would be protected were voted down on Wednesday night, after being opposed by Ms Sturgeon’s administration.
MSPs have also rejected proposals to block convicted sex offenders from taking advantage of the new regime to self-declare their own legal sex.
Dominic Penna
Fri, December 23, 2022
Rishi Sunak - Joe Giddens/Reuters
Rishi Sunak has said it is “completely reasonable” for the Government to consider blocking Nicola Sturgeon’s overhaul of transgender laws.
Scots as young as 16 will be allowed to change their legal gender by signing a declaration after the SNP passed a new Bill on Thursday.
But the law could be vetoed after Alister Jack, the Scottish Secretary, warned that the Government was willing to employ powers never used before to stop it receiving Royal Assent.
Under Section 35 of the 1998 Scotland Act, Westminster can ban Scottish legislation if it thinks it has an “adverse effect” on laws over which the UK Parliament has ultimate jurisdiction.
On Friday, Mr Sunak told Sky News: “Lots of people have got concerns about this new Bill in Scotland, about the impact it will have on women’s and children’s safety.
“So I think it is completely reasonable for the UK Government to have a look at it, understand what the consequences are for women and children’s safety in the rest of the UK, and then decide on what the appropriate course of action is.”
Mr Sunak took a stand against “self-ID” policies during his Tory leadership campaign in the summer as he vowed to ensure the Equality Act was clear that sex meant biological sex.
On the campaign trail, he told Tory activists: “It is because we are not captured by identity politics that we can take on and stand up to this woke nonsense that wants to cancel our history, our values, and can’t even say what a woman is.”
His comments came after Kemi Badenoch, the International Trade Secretary, warned that the Gender Recognition Bill would impact the functioning of the Equality Act across the country.
Ms Badenoch added that the Government was “looking at provisions that can prompt reconsideration and allow MSPs to address these issues”.
Senior Whitehall figures fear the new Scottish laws, which make it significantly easier for someone to officially change their legal gender than in the rest of the UK, will put single-sex spaces such as prisons and changing rooms in jeopardy across the country.
There have been warnings it could lead to so-called “trans tourism”, whereby a transgender woman could travel to Scotland to legally change gender and then use the official status to access female-only spaces south of the border.
Being a woman is not a ‘costume or a feeling’, Nicola Sturgeon warned
Daniel Sanderson
Wed, December 21, 2022
Ash Regan - Lesley Martin/PA Wire
Nicola Sturgeon has been warned by one of her former ministers that being a woman is not a “costume or a feeling” as MSPs were poised to approve her radical transgender reforms on Thursday.
At Holyrood, even vocal opponents of the gender self-identification system, which will allow Scots aged 16 and over to change their legally-recognised sex by signing a declaration, acknowledged it was almost certain to pass.
However, the First Minister was subjected to scathing criticism from prominent members within her own party, who warned her they would continue to fight against the plans.
They also raised the prospect of a court challenge, with the UK government potentially stepping in due to legal confusion caused by cross-border divergence which could lead to a trans woman being legally female in Scotland but male once they cross the border.
It is understood that the UK Government is unlikely to recognise Scottish Gender Recognition Certificates (GRCs) as it does not believe in a self-identification model.
Feminist groups hinted that they were also prepared to take the Scottish Government to court in a bid to overturn the controversial system, should the UK Government decline to step in.
Sturgeon - Colin Fisher / Alamy Live News
The SNP and Green coalition government at Holyrood has been determined to push the law, one of the most controversial in Holyrood’s history, through parliament this week despite widespread public opposition to the measures.
In a second marathon session in two days, MSPs sat late into the night and delayed a final vote and debate on the legislation until Thursday afternoon.
Even before the final vote, opponents of the law vowed to fight against the self-ID system, which they claim will put the rights and safety of women and girls at risk.
Ash Regan, an SNP politician who stood down as a minister to oppose the plan, told the rally outside Holyrood that being a woman was “not a costume, it’s not a feeling” but a “material reality grounded in biology”.
Speaking later in the Holyrood chamber, she told MSPs they must vote against the law if they believed there was any risk at all that it would put women or girls at greater risk.
She added that the Bill would introduce “a hierarchy of rights where women’s rights are being demoted”.
“If you have any doubt, any doubt at all that it will make women and girls less safe, then you cannot vote for it,” she urged her colleagues.
Joanna Cherry KC, the SNP MP who also spoke at the rally against the proposals, launched a series of thinly-veiled attacks on Ms Sturgeon.
She said that “better lawyers than I am” believed there were “legal issues” with the Bill and pledged: “We will win this fight”.
“Those of us who have worked with the survivors of sexual or violent abuse know that some predatory men will take advantage of this to get access to vulnerable women,” Ms Cherry said.
“The women’s movement has been rejuvenated. Women have made common causes across party lines.
“With that cross-party support, we’re going to fight on against this Bill, we’re going to continue to stand up against the bullies who’ve tried to silence us.
“This ideology may have captured powerful people in our country, but it’s not captured everyone. Public opinion is on our side.”
gender reform bill - Jane Barlow/PA Wire
Meanwhile, Michael Foran, a lecturer in public law at the University of Glasgow, speculated that the UK Government could step in to block the law from coming into force.
He said there was a “distinct possibility” that conditions allowing British ministers to issue what is known as a Section 35 order, a never before used provision which allows them to block Holyrood laws, would be met.
Shona Robison, the SNP minister in charge of the legislation, has repeatedly claimed that the self-ID system will not make any difference to women’s safety.
She has said that it will remain lawful for service providers to exclude trans people from certain areas or activities, even if they held a GRC, as long as certain legal conditions are met.
However, a series of amendments designed to make it explicitly clear that single-sex spaces would be protected were voted down on Wednesday night, after being opposed by Ms Sturgeon’s administration.
MSPs have also rejected proposals to block convicted sex offenders from taking advantage of the new regime to self-declare their own legal sex.
Keir Starmer: Pro-trans laws are needed across UK
Hayley Dixon
Fri, December 23, 202
Sir Keir Starmer - Labour Party/PA Wire
Sir Keir Starmer has vowed to change the law to allow trans people to self-declare their gender, The Telegraph can reveal in the wake of anger over similar moves in Scotland.
The Labour leader has said he will “update” the Gender Recognition Act (GRA) if elected, despite warnings that doing so would impact women’s rights and could enable predatory men to access single-sex spaces.
Sir Keir’s commitment could mean legislation in the UK mirrors changes passed by the Scottish Parliament on Thursday, which allow people as young as 16 to change their legal gender by signing a declaration.
Ministers in Westminster have threatened to block the SNP’s changes, a move described as “completely reasonable” by Rishi Sunak on Friday.
Labour MSPs were whipped to vote in favour of the Gender Recognition Bill, but that prompted a split in the party as some refused to support the change.
Now The Telegraph can reveal that Sir Keir has promised the LGBT community he would take similar action in England and Wales if elected.
In a message to Pink News for Pride last year, he said his priority was “forming the next government so we can introduce legislation and change society so that, whoever you are, you can lead a happy and fulfilled life. We are committed to updating the GRA to introduce self-declaration for trans people”.
Sir Keir has remained silent on the controversy in Scotland and has so far refused to comment on whether he would back plans to veto the Bill in Westminster.
Asked by The Telegraph about the leader’s comments to Pink News, Labour confirmed that he stood by plans to reform the GRA.
A party spokesman said: “All political parties agree that the process needs modernising. A future Labour government will consult on what that looks like, while upholding the Equality Act and maintaining single-sex spaces.
“Labour has a strong and proud record of standing up for women’s rights. Our commitment to them is unrelenting.”
Trans rights have become a key electoral battleground in the US and are expected to be similarly important in the UK at the next general election.
On Friday, campaigners accused Labour of silencing women’s concerns and said the proposed change would create “huge dangers” for some of society’s most vulnerable.
Under current law, an individual must be over 18, have medical proof that they have gender dysphoria, have lived in their acquired gender for at least two years and have had the change signed off by a panel.
Sir Keir has not given any details of his plans, but the changes in Scotland allow people to apply for a birth certificate with their new gender without a medical diagnosis of gender dysphoria.
Heather Binning, a founder of the Women’s Rights Network, said: “They are pushing policies like this through with no real debate, and what Keir Starmer is allowing to be pushed through is nothing short of criminal.
“There are huge dangers to women and children from a system of self-identification. It astonishes me that critical thinking has been put on hold. In the end, politicians who support this change will be shamed.
“Every single politician, particularly party leaders like Keir Starmer, should be looking at the anger that this has created in Scotland and should be asking themselves whether it is right to make these changes with such strong opposition.”
The changes in Scotland were criticised by Reem Alsalem, the UN’s special rapporteur on violence against women and girls, who had warned that they could be abused by predatory men and that any law change in the UK would have global consequences.
Ms Alsalem said she was “disappointed” by the vote, adding that Scotland had had “the opportunity to set an example on how to address and resolve the tension between rights and manage risks in an effective manner” but its parliament “decided to bypass that opportunity”.
On Friday, the Equality and Human Rights Commission said: “Our view was that the existing legal framework provided the correct balance that best protected everyone.”
Kemi Badenoch, the minister for women and equalities, warned that the Scottish changes would impact the functioning of the Equality Act across the country and said the Government was “looking at provisions that can prompt reconsideration and allow MSPs to address these issues”.
Alister Jack, the Scottish Secretary, said on Thursday that the Government was considering invoking Section 35 of the 1998 Scotland Act to block the law change.
The measure, which has never been used before, allows for Scottish legislation to be blocked by Westminster if it is considered to have an “adverse effect” on laws over which the UK parliament has ultimate jurisdiction. It would be likely to spark yet another bitter constitutional stand-off between London and Edinburgh.
On Friday, Mr Sunak said: “Lots of people have got concerns about this new Bill in Scotland, about the impact it will have on women’s and children’s safety.
“So I think it is completely reasonable for the UK Government to have a look at it, understand what the consequences are for women’s and children’s safety in the rest of the UK and then decide on what the appropriate course of action is.”
Ms Binning, whose group is running a “Respect My Sex if You Want My X” campaign along with Sex Matters and Women Uniting, said Labour’s refusal to listen to concerns meant many women on the Left now felt “politically homeless”.
Labour has not given any details of how it would protect single-sex spaces at the same time as allowing people to choose their legal gender.
Hayley Dixon
Fri, December 23, 202
Sir Keir Starmer - Labour Party/PA Wire
Sir Keir Starmer has vowed to change the law to allow trans people to self-declare their gender, The Telegraph can reveal in the wake of anger over similar moves in Scotland.
The Labour leader has said he will “update” the Gender Recognition Act (GRA) if elected, despite warnings that doing so would impact women’s rights and could enable predatory men to access single-sex spaces.
Sir Keir’s commitment could mean legislation in the UK mirrors changes passed by the Scottish Parliament on Thursday, which allow people as young as 16 to change their legal gender by signing a declaration.
Ministers in Westminster have threatened to block the SNP’s changes, a move described as “completely reasonable” by Rishi Sunak on Friday.
Labour MSPs were whipped to vote in favour of the Gender Recognition Bill, but that prompted a split in the party as some refused to support the change.
Now The Telegraph can reveal that Sir Keir has promised the LGBT community he would take similar action in England and Wales if elected.
In a message to Pink News for Pride last year, he said his priority was “forming the next government so we can introduce legislation and change society so that, whoever you are, you can lead a happy and fulfilled life. We are committed to updating the GRA to introduce self-declaration for trans people”.
Sir Keir has remained silent on the controversy in Scotland and has so far refused to comment on whether he would back plans to veto the Bill in Westminster.
Asked by The Telegraph about the leader’s comments to Pink News, Labour confirmed that he stood by plans to reform the GRA.
A party spokesman said: “All political parties agree that the process needs modernising. A future Labour government will consult on what that looks like, while upholding the Equality Act and maintaining single-sex spaces.
“Labour has a strong and proud record of standing up for women’s rights. Our commitment to them is unrelenting.”
Trans rights have become a key electoral battleground in the US and are expected to be similarly important in the UK at the next general election.
On Friday, campaigners accused Labour of silencing women’s concerns and said the proposed change would create “huge dangers” for some of society’s most vulnerable.
Under current law, an individual must be over 18, have medical proof that they have gender dysphoria, have lived in their acquired gender for at least two years and have had the change signed off by a panel.
Sir Keir has not given any details of his plans, but the changes in Scotland allow people to apply for a birth certificate with their new gender without a medical diagnosis of gender dysphoria.
Heather Binning, a founder of the Women’s Rights Network, said: “They are pushing policies like this through with no real debate, and what Keir Starmer is allowing to be pushed through is nothing short of criminal.
“There are huge dangers to women and children from a system of self-identification. It astonishes me that critical thinking has been put on hold. In the end, politicians who support this change will be shamed.
“Every single politician, particularly party leaders like Keir Starmer, should be looking at the anger that this has created in Scotland and should be asking themselves whether it is right to make these changes with such strong opposition.”
The changes in Scotland were criticised by Reem Alsalem, the UN’s special rapporteur on violence against women and girls, who had warned that they could be abused by predatory men and that any law change in the UK would have global consequences.
Ms Alsalem said she was “disappointed” by the vote, adding that Scotland had had “the opportunity to set an example on how to address and resolve the tension between rights and manage risks in an effective manner” but its parliament “decided to bypass that opportunity”.
On Friday, the Equality and Human Rights Commission said: “Our view was that the existing legal framework provided the correct balance that best protected everyone.”
Kemi Badenoch, the minister for women and equalities, warned that the Scottish changes would impact the functioning of the Equality Act across the country and said the Government was “looking at provisions that can prompt reconsideration and allow MSPs to address these issues”.
Alister Jack, the Scottish Secretary, said on Thursday that the Government was considering invoking Section 35 of the 1998 Scotland Act to block the law change.
The measure, which has never been used before, allows for Scottish legislation to be blocked by Westminster if it is considered to have an “adverse effect” on laws over which the UK parliament has ultimate jurisdiction. It would be likely to spark yet another bitter constitutional stand-off between London and Edinburgh.
On Friday, Mr Sunak said: “Lots of people have got concerns about this new Bill in Scotland, about the impact it will have on women’s and children’s safety.
“So I think it is completely reasonable for the UK Government to have a look at it, understand what the consequences are for women’s and children’s safety in the rest of the UK and then decide on what the appropriate course of action is.”
Ms Binning, whose group is running a “Respect My Sex if You Want My X” campaign along with Sex Matters and Women Uniting, said Labour’s refusal to listen to concerns meant many women on the Left now felt “politically homeless”.
Labour has not given any details of how it would protect single-sex spaces at the same time as allowing people to choose their legal gender.
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