HUMZA Yousaf has said it is a “dark day for devolution” after the Court of Session ruled the UK Government can use a Section 35 order to block Scottish gender reforms.
Scottish Secretary Alister Jack welcomed the ruling after he issued the Section 35 order to block the Gender Recognition Reform Bill from becoming law in January 2023.
In a post on Twitter/X, Yousaf said: “Today’s judgement confirms beyond doubt that devolution is fundamentally flawed.
“The court has confirmed that legislation passed by a majority in Holyrood can be struck down by Westminster.
“The only way to guarantee we get true self-government is through independence.”
He added: "This is a dark day for devolution.
"Sovereignty should lie with the people of Scotland, not a Westminster government we didn't vote for with the ability to overrule our laws.
"We, of course, respect the court's judgement and will take time to consider its findings."
The Scottish Government has been urged to appeal the ruling by LGBT groups. Yousaf's statement seems a tacit admission that a decision will not be forthcoming today.
It now has 21 days to consider whether or not to appeal the decision by Lady Shona Haldane.
Several other SNP parliamentarians have also taken to social media to react to the news.
Scotland’s Social Justice Secretary Shirley-Anne Somerville (below) said: “We note the judgement and will consider its terms.
“Devolution is fundamentally flawed if the UK Government is able to override the democratic wishes of the Scottish Parliament and veto our laws at the stroke of a pen.
“The Scottish Parliament passed this bill with a large majority including members of all parties.”
Writing on Twitter/X, MP for Livingston Hannah Bardell said: “It says a lot about democracy in the UK when a piece of legislation, backed by members of all parties in the Scottish Parliament can be overruled and ridden roughshod by Westminster.
“Now, more than ever, we need independence.”
Elsewhere, Perth and North Perthshire MP Pete Wishart commented: “With their ‘aggressive unionism’ approach to devolution the Tories mission is to constrain, bypass and overrule Scottish democracy.
“Now anything we do in Scotland is in their sights and increasingly under their control. We now have ‘the most neutered Parliament in the world’…”
