Sophia Stanford
The UK Government has enacted section 35 order of the Scotland Act 1998 to block a new law proposed by Scottish Parliament that would introduce a self-identification system for people who want to change gender.
The Gender Recognition Reform Bill, passed by Scottish Parliament in December, would make it easier for transgender people to obtain official gender recognition certificates, remove the need for medical diagnosis, reduce waiting times, and reduce the minimum age from 18 to 16.
Scottish Secretary, Alister Jack, has prevented the passing of the bill on the grounds that the Gender Recognition Reform Bill would affect the UK Equality Act.
"It will be using trans people… as a political weapon."
First Minister of Scotland Nicola Sturgeon says it would be an "outrage" if the UK government blocks the Scottish gender recognition bill, and will "embolden them" to block more bills, creating a "very slippery slope". pic.twitter.com/yazkFG5PlM
— Channel 4 News (@Channel4News) January 16, 2023
Section 35 of the Scotland Act allows a UK Secretary of State to block a bill getting royal assent if they believe that there is reason for the proposed bill to have an adverse effect on legislation reserved to Westminster. This is the first time the provision has been used since the established Scottish Parliament was convened in 1998.
Scotland’s First Minister, Nicola Sturgeon, has announced that it is inevitable that her government will mount a legal challenge in response, assessing the lawfulness of the Scottish Secretary’s decision.
This decision adds to increasing long-standing tensions between the SNP and the current Conservative government, who ruled two months ago that Scotland could not hold a second independence referendum without the approval of Westminster.
Nicola Sturgeon commented that Alistair Jack’s decision marked “a new and more dangerous phase for devolution” and the SNP called it “an unprecedented attack on the Scottish parliament”.
This thread by Lord Falconer – a Lord Chancellor under Labour – is well worth a read.
His conclusion – on the basis of the Statement of Reasons published by UKG today, the use of section 35 is NOT justified https://t.co/YpeaKc1rl2— Nicola Sturgeon (@NicolaSturgeon) January 17, 2023
The Scottish Government kept the UK Government up to date with the bill’s development as required, and received no provisions to amend it.
This decision has been met with controversy, with accusations that the UK Government are using the trans community as a scapegoat, and that this is an attack on democracy. Protests have been held in various cities in the UK this week.
Disgraceful decision that should be opposed by everyone who believes in democracy, devolution, equality and LGBT+ rights.
Solidarity with trans people.https://t.co/VlEIZY03A2
— Richard Leonard (@LabourRichard) January 16, 2023
Featured image courtesy of The CBI on Flickr. Image license found here. No changes were made to this image.
Sophia Stanford
Sophia Stanford is a podcast host for 'Create Incredible' and 'That's Camp: Podcast Edition' and a freelance journalist.