Rishi Sunak’s government has blocked legislation passed by the Scottish Parliament that would have made Scotland the first part of the UK to introduce a self-identification system for people who want to change their gender.
Scottish Secretary Alister Jack announced he would use section 35 of the Scotland Act 1998 for the first time to stop the gender recognition bill following a review by UK government lawyers .
Westminster’s decision to use the “nuclear option” to block the bill to gain royal assent represents a significant escalation of tensions around the changes and will enrage supporters of the changes and nationalists.
UK ministers, who met in Westminster on Monday to consider how to tackle the legislation, are concerned the bill will have an “adverse impact” on equality law across the UK. The sources said blocking him would protect the transfer deal and denied claims they were trying to inflame tensions as part of a culture war.
However, Nicola Sturgeon has said there was “no reason” for the UK government to block the legislation, claiming it did not affect how the Equality Act works.
Scotland’s first minister has said her government is likely to launch a legal challenge in response, saying the use of section 35 would create “a very, very slippery slope” and encourage the UK government to the same in other areas.
After the announcement, he tweeted: “This is a frontal attack on our democratically elected Scottish Parliament and its ability to make its own decisions on devolved matters. @scotgov will defend the legislation and defend Scotland’s Parliament. If if this Westminster veto succeeds, it will be the first of many.”
Inevitably, the SNP would mount a court battle as Westminster denied Holyrood its democratic right to make its own laws, following the Supreme Court verdict on another referendum, and could strengthen the cause of independence.
The Scottish Secretary, who will put the order to the Commons on Tuesday, said: “After careful and thorough consideration of all relevant advice and the policy implications, I am concerned that this legislation will have an adverse impact on the way Britain works – Broad equality law.
“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 consequences of the legislation for the operation of equality protections across GB and other reserved matters.
“I have not taken this decision lightly. The Bill would have a significant impact on, among other things, equality issues across Great Britain in Scotland, England and Wales. I have therefore concluded that this it is the necessary and correct course of action.
“If the Scottish Government decides to bring forward an amended bill for reconsideration in the Scottish Parliament, I hope we can work together to find a constructive way forward that respects both devolution and the working of legislation in the UK Parliament.” .
The law, first proposed by Sturgeon six years ago, was passed by the Scottish Parliament by 86 votes to 39, with overwhelming support from the SNP, Labour, the Greens and the Lib Dems in December, after years of consultations and debates.
During the bill process, which culminated in an unprecedented two days of late-night sittings as MSPs worked cross-party to address concerns about abusive men taking advantage of the new system, questions were also raised about how the new legislation would affect the whole of the United Kingdom. equality law
This became of particular concern following a judgment by Scotland’s highest court, just weeks before the final vote, which ruled that, for the purposes of the Equality Act 2010, the meaning of “ sex” should include transgender women in possession of a gender. certificate of recognition.
Archie Bland and Nimo Omer take you through the top stories and what they mean, free every weekday morning
Privacy Notice: Newsletters may contain information about charities, online advertisements and content funded by third parties. For more information see our Privacy Policy. We use Google reCaptcha to protect our website and Google’s Privacy Policy and Terms of Service apply.
The legislation would make it easier for transgender people to obtain official gender recognition certificates by, among other things, reducing waiting times, eliminating the need for a medical diagnosis and lowering the minimum age from 18 to 16.
Labor leader Keir Starmer said on Monday that 16-year-olds should not be able to legally change their gender, putting him at odds with his party in Scotland.
Speaking to reporters on Monday, Sturgeon accused Sunak’s government of “using trans people as a political weapon”. UK government sources, however, said the legislation could have an adverse impact across the UK in areas such as equal pay, single-sex spaces and prison transfers.
They believe Sturgeon underestimated the degree of opposition to her bill. A YouGov poll for The Times after the law was passed found that two-thirds of Scots oppose its main features. Some Tories believe they can increase their vote in Scotland at the next election if they reduce politics to culture wars.
The Scottish Greens, who made gender recognition reform one of their red lines for working with an SNP government after the 2021 Holyrood election, said it was “a dark day for to devolution, democracy and trans rights”.
Green MSP Maggie Chapman said: “Just a month ago, MSPs voted overwhelmingly in favor of gender recognition reform. It was a proud day for equality and for our parliament. View a reactionary Conservative government trying to block or overturn is nothing short of outrageous, and we will resist them every step of the way.”
Nancy Kelley, chief executive of Stonewall, said: “It is a matter of grave and deep regret that the Prime Minister has allowed the lives of trans people to be used as a political football. This is not governing with compassion.”