Scotland’s First Minister Nicola Sturgeon said the decision was a “full-frontal attack” on the Scottish Parliament
(Picture: Getty Images)The UK Government has blocked Scotland’s gender recognition bill by using Section 35 of the Scotland Act for the first time since it was passed in 1998.
Scottish Secretary Alister Jack said he was “concerned” that the legislation would have an “adverse impact” on equalities legislation in the UK.
Meanwhile, First Minister of Scotland Nicola Sturgeon said the decision was a “full-frontal attack” on the Scottish Parliament.
So what is the bill and how will the Government’s decision affect transgender people?
What is the gender recognition bill?
Scottish MPs passed the bill in December to allow people to obtain a gender recognition certificate without a medical diagnosis. This process is known as self-identification.
The bill would have also allowed 16 and 17-year-olds to apply for a gender recognition certificate. It would have also reduced the time a person would have to live in the gender they identify with before being granted the document.
Now that the bill has been blocked, the proposed changes will not come into force.
How has the UK Government responded to the bill?
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.
“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.”
He added: “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.”
How can the UK Government block the bill?
Although the bill was passed in Scotland, the UK Government has blocked it under the 1998 Scotland Act.
Former Attorney General Dominic Grieve previously said that Prime Minister Rishi Sunak would not be acting undemocratically if he were to block it.
Mr Grieve told BBC Radio 4’s Today programme: “Section 35 of the Scotland Act, passed in 1998, when Scottish devolution was set up, expressly made provision for the possibility that there might be circumstances where in which the Scottish Parliament and Government enacted legislation which had an impact on reserved matters and gave to a UK minister the power to block it.”
The Government’s decision could be subject to judicial review and could end up in the UK Supreme Court.
How has Nicola Sturgeon reacted to the Government blocking the bill?
“This is a full-frontal attack on our democratically elected Scottish Parliament and its ability to make its own decisions on devolved matters,” she said. “[The Scottish Government] will defend the legislation and stand up for Scotland’s Parliament. If this Westminster veto succeeds, it will be first of many.”
Summary of my views on UK gov attempt to veto @ScotParl decisions - covers both the attempt to block this particular piece of legislation (passed by a substantial majority, inc MSPs from all parties) and the very significant wider issue of principle . https://t.co/1V5w55D5Sd
— Nicola Sturgeon (@NicolaSturgeon) January 16, 2023
How was the bill received by supporters?
Before the bill was blocked by the Government, human rights organisations had expressed support for the legislation.
The United Nations Human Rights office said: “We welcome the adoption by the Scottish Parliament of the Gender Recognition Reform Bill — a significant step forward in respecting the human right of trans persons to recognition of their gender identity, based on self-identification.”
#Scotland: We welcome adoption by @ScotParl of the #GenderRecognitionReformBill – a significant step forward in respecting the human right of #trans persons to recognition of their gender identity, based on self-identification.#TransRightsAreHumanRights@free_equal pic.twitter.com/1zTfvwyM86
— UN Human Rights (@UNHumanRights) December 22, 2022
Dunja Mijatovic, the Council of Europe’s commissioner for human rights, said: “I welcome Scotland’s new law GRRBill adopted today by Scottish Parliament introducing legal gender recognition based on self-determination.
“Nine [Council of Europe] states have already adopted such laws and several others under consideration. [This is] a key trend for full realisation of trans people’s human rights.”
I welcome Scotland’s new law #GRRBill adopted today by @ScotParl introducing legal #GenderRecognition based on self-determination. Nine @coe states have already adopted such laws & several others under consideration. Key trend for full realisation of trans people’s #HumanRights. pic.twitter.com/1QpbJOIBQw
— Commissioner for Human Rights (@CommissionerHR) December 22, 2022
Wales’ First Minister Mark Drakeford said he would not rule out self-identification legislation.
He said the bill was “very thoroughly and very carefully debated,” and said that he would seek the powers to be able to propose a similar bill.
‼️ Despite the very real concerns surrounding the Scottish Gender Recognition Reform Bill, Mark Drakeford today declared his intention to me to push for Self-ID in Wales, following in the footsteps of Scottish Government. pic.twitter.com/UFvSk8L0ow
— Laura Anne Jones MS (@LauraJ4SWEast) January 10, 2023
Mermaids, a charity and advocacy organisation that supports gender variant and transgender youth, said in a blog post: “The passing of the GRR Bill in Scotland was a huge win for trans people, especially in opening up the process to 16 and 17-year-olds.
“Never before has the UK Government blocked a law made by the Scottish Parliament, which we think demonstrates the lengths they will go to undermine the rights and dignity of trans people.”
