Keir Starmer has opened up a split with Scottish Labour over the Gender Recognition Reform bill. The UK Labour leader said he had "concerns" over Scotland's gender recognition law because he considers 16 to be too young to change gender. He also said that he was worried that the legislation may break the Equalities Act.
The Scottish Government passed legislation last month which will allow people to obtain a gender recognition certificate without the need for a medical diagnosis. This process is known as “self-identification”.
Scottish Labour voted with the SNP in favour of the law. The Gender Recognition Reform (Scotland) Bill also lowers the minimum age for applicants to 16. It drops the time required for an applicant to live in their acquired gender from two years to three months but with a three-month reflection period.
Those aged 16 and 17 must live in their acquired gender for six months. Starmer said he thinks 16 is too young to make a decision on changing gender.
Speaking to the BBC’s Sunday With Laura Kuenssberg programme, he said: “I have concerns about the provision in Scotland, in particular the age reduction to 16 and in particular the rejection of our amendment in relation to the Equalities Act.” Pressed on whether he thinks someone of 16 is old enough to decide to change their gender, he replied: “No, I don’t think you are.”
The UK Government is currently considering legal advice about whether to use its powers to block the Bill from becoming law. Prime Minister Rishi Sunak spoke during a visit to Scotland last week about the concerns he has over the changes it would enact. But he refused to say whether he would block the law.
Downing Street officials said on Saturday that the full legal advice to ministers has not yet been reviewed and no decisions have been made. That is despite multiple reports suggesting that the advice has given Sunak the legal cover he requires to apply a Section 35 order to block the Bill from becoming law.
Transport Secretary Mark Harper said ministers are awaiting “detailed analysis” of how Scotland’s gender law will affect UK legislation, such as the Equalities Act.
He told the BBC: “We are not proposing to make those changes for England, but what we have to do is make a decision about whether that legislation impacts on legislation elsewhere in the UK. One of those pieces of legislation is the Equalities Act. That is why we need a detailed analysis of that, and that is the information the Government needs before it can take a decision.”
Starmer refused to say whether he would block the legislation if we were Prime Minister. He said that he wants to wait to see what legal advice the UK Government has received. Starmer said Labour’s position is to “modernise the legislation to take out the indignities” for trans people legally changing gender.
SNP Westminster leader Stephen Flynn said it was not reasonable for the UK Government to block the law. Speaking on BBC Scotland's The Sunday Show Flynn said: "It's not reasonable at all in any way shape or form because it is a devolved matter for the Scottish Parliament to determine.
"The Scottish Parliament has determined its position. We elect members to the Scottish Parliament to create legislation, to put in place laws to enhance the lives of people in Scotland. The GRR is going to do just that." He added: "This is the UK Parliament overstepping massively."
Scottish Labour was approached for comment.
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