SCOTLAND
'Full-frontal attack': Sturgeon slams decision to block gender recognition reforms
Katrine Bussey
Mon, 16 January 2023
'Full-frontal attack': Sturgeon slams decision to block gender recognition reforms (Image: Newsquest)
The UK Government is to block controversial reforms of the gender recognition process passed by Holyrood, in a move branded by Nicola Sturgeon as a “full-frontal attack” on the Scottish Parliament.
She hit out after Scottish Secretary Alister Jack confirmed he would make an order under Section 35 of the Scotland Act 1998.
It is the first time the UK Government has sought such an order, which will now prevent the Gender Recognition Reform (Scotland) Bill from going forward for royal assent, and the move will only further increase tension between the Scottish and UK governments.
Announcing his decision Mr Jack said: “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.”
He insisted this was the “necessary and correct course of action”.
But the Scottish First Minister in response tweeted: “This is a full-frontal attack on our democratically elected Scottish Parliament and its ability to make its own decisions on devolved matters.”
She pledged the Scottish Government would “defend the legislation and stand up for Scotland’s Parliament”.
She added: “If this Westminster veto succeeds, it will be first of many.”
Her comments came after Mr Jack had insisted the changes in the Scottish legislation could have an “adverse impact” on existing equalities laws.
But his decision comes just hours after Ms Sturgeon claimed if the UK Government moved to block the legislation it would be “unconscionable and indefensible and really quite disgraceful”.
She said she would “robustly and rigorously and with a very, very high degree of confidence” defend the Bill, which was passed by the Scottish Parliament last month.
The legislation sets out to simplify the process of obtaining a Gender Recognition certificate, and for the first time allows transgender people to obtain such a document without the need for a medical diagnosis.
It would also cut the time they have to live in their acquired gender before applying for a certificate, and reduce the age at which an application can be made to 16 with Labour leader Sir Keir Starmer saying recently he was concerned about this aspect of the legislation.
Mr Jack, who has written to both Ms Sturgeon and Holyrood’s Presiding Officer Alison Johnstone about the matter, insisted that “transgender people who are going through the process to change their legal sex deserve our respect, support and understanding”.
He stated: “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.”
He said if Holyrood ministers were to bring brought an amended Bill back for reconsideration, he would hope that the Scottish and UK governments could “work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation”.
However, Ms Sturgeon had earlier insisted the UK Government would be “using trans people as a political weapon” should Westminster seek to block the legislation.
In a briefing on Monday, the Scottish First Minister claimed any such move would be an “outrage”.
“In my view, there are no grounds to challenge this legislation,” she said.
“It is within the competence of the Scottish Parliament, it doesn’t affect the operation of the Equality Act and it was passed by an overwhelming majority of the Scottish Parliament after very lengthy and very intense scrutiny by MSPs of all parties represented in the Parliament.
“So if there is a decision to challenge, in my view, it will be quite simply a political decision and I think it will be using trans people, already one of the most vulnerable, stigmatised groups in our society, as a political weapon.
“And I think that will be unconscionable and indefensible and really quite disgraceful.”
The First Minister said the move to block the legislation would create a “very, very slippery slope indeed”, adding that it could “normalise” and “embolden” the UK Government to do the same in other areas.
“I think it is that serious.
“I think the import and significance of this would go beyond the particular subject matter of the legislation,” she said.
Addressing the Labour leader’s comments, the First Minister said: “Finally, on this issue of Keir Starmer, I start to wonder, and I suspect I am not the only one who starts to wonder, if there is anything Keir Starmer is willing to stand up and be counted on in the face of Tory attacks.
“I don’t think the UK needs a pale imitation of this Tory Government, it needs an alternative to this Tory Government.
“But, on this particular issue, this is legislation that was scrutinised and voted for by Keir Starmer’s own party in the Scottish Parliament, so if he backed any move by the Government to block this he would be showing utter contempt for his own Scottish party as well as the Scottish Parliament.”
Holyrood Social Justice Secretary Shona Robison said the UK Government’s move to block the Bill has made a dark day for trans rights.
In response to the announcement, Ms Robison said: “The use of Section 35 of the Scotland Act to stop the GRR Bill from proceeding to Royal Assent is an outrageous decision.
“This is a procedure that has never been used under nearly 25 years of devolution and is contrary to a Bill that was overwhelmingly passed by the Scottish Parliament by members of all parties.
“This is a dark day for trans rights and a dark day for democracy in the UK.
“As the First Minister said, this is a political decision that is more in keeping with UK Government’s contempt for devolution and the Scottish Parliament.”
Katrine Bussey
Mon, 16 January 2023
'Full-frontal attack': Sturgeon slams decision to block gender recognition reforms (Image: Newsquest)
The UK Government is to block controversial reforms of the gender recognition process passed by Holyrood, in a move branded by Nicola Sturgeon as a “full-frontal attack” on the Scottish Parliament.
She hit out after Scottish Secretary Alister Jack confirmed he would make an order under Section 35 of the Scotland Act 1998.
It is the first time the UK Government has sought such an order, which will now prevent the Gender Recognition Reform (Scotland) Bill from going forward for royal assent, and the move will only further increase tension between the Scottish and UK governments.
Announcing his decision Mr Jack said: “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.”
He insisted this was the “necessary and correct course of action”.
But the Scottish First Minister in response tweeted: “This is a full-frontal attack on our democratically elected Scottish Parliament and its ability to make its own decisions on devolved matters.”
She pledged the Scottish Government would “defend the legislation and stand up for Scotland’s Parliament”.
She added: “If this Westminster veto succeeds, it will be first of many.”
Her comments came after Mr Jack had insisted the changes in the Scottish legislation could have an “adverse impact” on existing equalities laws.
But his decision comes just hours after Ms Sturgeon claimed if the UK Government moved to block the legislation it would be “unconscionable and indefensible and really quite disgraceful”.
She said she would “robustly and rigorously and with a very, very high degree of confidence” defend the Bill, which was passed by the Scottish Parliament last month.
The legislation sets out to simplify the process of obtaining a Gender Recognition certificate, and for the first time allows transgender people to obtain such a document without the need for a medical diagnosis.
It would also cut the time they have to live in their acquired gender before applying for a certificate, and reduce the age at which an application can be made to 16 with Labour leader Sir Keir Starmer saying recently he was concerned about this aspect of the legislation.
Mr Jack, who has written to both Ms Sturgeon and Holyrood’s Presiding Officer Alison Johnstone about the matter, insisted that “transgender people who are going through the process to change their legal sex deserve our respect, support and understanding”.
He stated: “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.”
He said if Holyrood ministers were to bring brought an amended Bill back for reconsideration, he would hope that the Scottish and UK governments could “work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation”.
However, Ms Sturgeon had earlier insisted the UK Government would be “using trans people as a political weapon” should Westminster seek to block the legislation.
In a briefing on Monday, the Scottish First Minister claimed any such move would be an “outrage”.
“In my view, there are no grounds to challenge this legislation,” she said.
“It is within the competence of the Scottish Parliament, it doesn’t affect the operation of the Equality Act and it was passed by an overwhelming majority of the Scottish Parliament after very lengthy and very intense scrutiny by MSPs of all parties represented in the Parliament.
“So if there is a decision to challenge, in my view, it will be quite simply a political decision and I think it will be using trans people, already one of the most vulnerable, stigmatised groups in our society, as a political weapon.
“And I think that will be unconscionable and indefensible and really quite disgraceful.”
The First Minister said the move to block the legislation would create a “very, very slippery slope indeed”, adding that it could “normalise” and “embolden” the UK Government to do the same in other areas.
“I think it is that serious.
“I think the import and significance of this would go beyond the particular subject matter of the legislation,” she said.
Addressing the Labour leader’s comments, the First Minister said: “Finally, on this issue of Keir Starmer, I start to wonder, and I suspect I am not the only one who starts to wonder, if there is anything Keir Starmer is willing to stand up and be counted on in the face of Tory attacks.
“I don’t think the UK needs a pale imitation of this Tory Government, it needs an alternative to this Tory Government.
“But, on this particular issue, this is legislation that was scrutinised and voted for by Keir Starmer’s own party in the Scottish Parliament, so if he backed any move by the Government to block this he would be showing utter contempt for his own Scottish party as well as the Scottish Parliament.”
Holyrood Social Justice Secretary Shona Robison said the UK Government’s move to block the Bill has made a dark day for trans rights.
In response to the announcement, Ms Robison said: “The use of Section 35 of the Scotland Act to stop the GRR Bill from proceeding to Royal Assent is an outrageous decision.
“This is a procedure that has never been used under nearly 25 years of devolution and is contrary to a Bill that was overwhelmingly passed by the Scottish Parliament by members of all parties.
“This is a dark day for trans rights and a dark day for democracy in the UK.
“As the First Minister said, this is a political decision that is more in keeping with UK Government’s contempt for devolution and the Scottish Parliament.”
Hamish Morrison
Mon, 16 January 2023
A trans rights activist speaks with a member of the Scottish Family Party outside Holyrood (Image: PA)
WESTMINSTER has chosen the “nuclear option” button by moving to block Scotland's gender reform law, in a move sure to trigger a major constitutional showdown between London and Edinburgh.
The UK Government has deployed a little-known weapon in its legal arsenal, under the Scotland Act, to block the Scottish Government’s gender recognition reforms, which MSPs passed overwhelmingly just before Christmas.
It has issued a Section 35 order – something that has never been done up until now.
What is a Section 35 order?
National readers will be familiar with a Section 30 order – the part of the Scotland Act which temporarily gives the Edinburgh parliament the power to pass laws on reserved matters, such as holding the 2014 independence referendum.
A Section 35 order allows the UK Government to block Scottish Parliament legislation under certain circumstances.
READ MORE: 'Outrage' if UK blocks Scotland's gender reforms from becoming law, says Nicola Sturgeon
It is a power afforded by the Scotland Act – the Westminster legislation which created the Scottish Parliament in 1998 – but it can only be used in limited circumstances.
It works by allowing the Scottish Secretary, a post currently held by Alister Jack (below), to stop Holyrood’s Presiding Officer (the Scottish equivalent of the Speaker) from referring the bill to the monarch for royal assent.
The National:
Royal assent is crucial for bills to become law. Any piece of proposed legislation that has passed all stages in the law-making process must undergo the formality of gaining royal assent – the monarch’s agreement to make the bill an act.
Under Section 35 the UK Government can legally intervene to block royal assent for a bill that a Secretary of State “has reasonable grounds to believe would be incompatible with any international obligations or the interests of defence or national security”.
The Government can also act if it believes a bill would change the law as “it applies to reserved matters”.
READ MORE: Blocking gender bill would be 'gift' to independence movement, says Tory MSP
In this case, ministers in London must have “reasonable grounds” to believe that any proposed legislation would have an “adverse effect on the operation of the law as it applies to reserved matters”.
This means that a bill can be blocked by Westminster if the Scottish law was believed to be at risk of conflicting with UK law – even if the proposed legislation fell within the powers granted to Holyrood.
The bill specifically mentions its intentions to not modify the UK Equality Act of 2010 – meaning the UK Government will need to prove that they have concerns the Scottish bill will affect UK legislation.
Why is the Government using this power?
MSPs last month passed the Gender Recognition Reform (Scotland) Bill by 86 votes to 39, approving reforms which would make it easier for trans people to change their gender on official documents by simplifying the process of obtaining a Gender Recognition Certificate (GRC).
The National:
The bill will also allow 16 and 17-year-olds to apply for a GRC for the first time and would reduce the amount of time a person has to live in their new gender before they can be granted the document.
It will also remove the need for a medical diagnosis to get a GRC – something trans campaigners have long argued was humiliating and invasive.
READ MORE: Keir Starmer faces backlash for contradicting Scottish Labour on gender reform
The UK Government immediately raised concerns, claiming the bill could have ramifications for UK equality law and other pieces of UK-wide legislation.
Downing Street has also expressed concerns the bill could pose problems for single-sex spaces and that the proposed law would remove the checks and balances involved in gaining a GRC.
For its part, the Scottish Government has said it would have no impact on the exemptions or the wider Equality Act – which is reserved to Westminster.
In a statement issued on Monday evening, the Scottish Secretary said: "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.
Why is Section 35 controversial?
The power has never been used before and to government critics it is an undemocratic intervention by London to override the decision of elected representatives in Edinburgh, effectively undermining devolution.
The move will unleash a constitutional war between Sunak’s government and the Scottish administration.
The National:
Tory MSP Jamie Greene (above), a supporter of the bill, said prior to Monday's announcement that the UK Government blocking the law would be a gift to the independence movement and the FM has said it would be an outrage.
What will the Scottish Government do if Section 35 is used?
The Scottish Government has said it will “vigorously” contest any attempt to block the bill from becoming law.
This would probably result in legal action against Sunak’s Government, leading to what could be another protracted court battle between Edinburgh and London.
LGBTQ+ charity Stonewall has called such an outcome a “nuclear option” which could turn a debate about transgender rights and gender recognition into a broader row over the devolution settlement.
Starmer showing 'utter contempt' for Labour MSPs over gender reforms
David Bol
Mon, 16 January 2023
Keir Starmer and Anas Sarwar
LABOUR leader Keir Starmer has been accused of "showing utter contempt for his own party" after he opposed the Scottish party's support for the gender reforms.
On Sunday, Sir Keir raised concerns with the gender recognition reforms, backed by the majority of Labour MSPs, over the legislation expanding the process to 16 and 17-year-olds.
Asked about whether someone was old enough to change their gender at 16, he said: "No, I don't think you are."
He said Labour's position was to "modernise the legislation to take out the indignities" involved with changing gender.
Mr Starmer said he would wait to see what action the UK Government would take when asked whether he would block Scotland's gender recognition laws if he was prime minister.
But Sir Keir's stance has upset Labour MSPs who supported the legislation.
Labour MSP Mercedes Villalba, branded the challenge as "an attack on devolution", adding it was "a desperate attempt by the Tories to distract from the financial chaos they have caused".
Her fellow MSP, Monica Lennon added that it was "a shameful decision by the UK Government, made for cynical political reasons".
But a Scottish Labour insider defended Sir Keir's position, claiming he "has to appeal to a very wide audience".
The source added: "The concern is more with this becoming yet another constitutional battle, which always helps the SNP and the Tories and squeezes Labour.
"The UK Government will turn this into a Tory culture war, and Sturgeon will capitalise on the perceived attack on Holyrood".
Nicola Sturgeon said that it is valid to “start to wonder if there is anything Keir Starmer is willing to stand up and be counted” for in response to “Tory attacks” on democracy.
She stressed that the proposals have been “scrutinised and voted for by Keir Starmer’s own party in the Scottish Parliament”.
The FM added: “If he backed any move…he would be showing utter contempt for his own party as well as the Scottish Parliament.”
Former Scottish Labour leader Kezia Dugdale warned that "blocking it will anger nationalists and devolutionists".
The Scottish Tories have written to Labour's only Scottish MP, Ian Murray, asking him whether he backs Scottish Labour leader Anas Sarwar's position in support of the legislation or Sir Keir's more sceptical approach.
Scottish Tory equalities spokesperson, Rachael Hamilton, said that Labour is "clearly divided on the issue of gender recognition reform".
Scottish Labour has been approached for comment.
David Bol
Mon, 16 January 2023
Keir Starmer and Anas Sarwar
LABOUR leader Keir Starmer has been accused of "showing utter contempt for his own party" after he opposed the Scottish party's support for the gender reforms.
On Sunday, Sir Keir raised concerns with the gender recognition reforms, backed by the majority of Labour MSPs, over the legislation expanding the process to 16 and 17-year-olds.
Asked about whether someone was old enough to change their gender at 16, he said: "No, I don't think you are."
He said Labour's position was to "modernise the legislation to take out the indignities" involved with changing gender.
Mr Starmer said he would wait to see what action the UK Government would take when asked whether he would block Scotland's gender recognition laws if he was prime minister.
But Sir Keir's stance has upset Labour MSPs who supported the legislation.
Labour MSP Mercedes Villalba, branded the challenge as "an attack on devolution", adding it was "a desperate attempt by the Tories to distract from the financial chaos they have caused".
Her fellow MSP, Monica Lennon added that it was "a shameful decision by the UK Government, made for cynical political reasons".
But a Scottish Labour insider defended Sir Keir's position, claiming he "has to appeal to a very wide audience".
The source added: "The concern is more with this becoming yet another constitutional battle, which always helps the SNP and the Tories and squeezes Labour.
"The UK Government will turn this into a Tory culture war, and Sturgeon will capitalise on the perceived attack on Holyrood".
Nicola Sturgeon said that it is valid to “start to wonder if there is anything Keir Starmer is willing to stand up and be counted” for in response to “Tory attacks” on democracy.
She stressed that the proposals have been “scrutinised and voted for by Keir Starmer’s own party in the Scottish Parliament”.
The FM added: “If he backed any move…he would be showing utter contempt for his own party as well as the Scottish Parliament.”
Former Scottish Labour leader Kezia Dugdale warned that "blocking it will anger nationalists and devolutionists".
The Scottish Tories have written to Labour's only Scottish MP, Ian Murray, asking him whether he backs Scottish Labour leader Anas Sarwar's position in support of the legislation or Sir Keir's more sceptical approach.
Scottish Tory equalities spokesperson, Rachael Hamilton, said that Labour is "clearly divided on the issue of gender recognition reform".
Scottish Labour has been approached for comment.
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