THE SNP have tabled a motion in the House of Commons in a bid to stop Section 35 from going ahead, with crossparty opposition support.
The motion calling for an annulment is known as a “prayer” and has been tabled in the name of SNP Westminster group leader Stephen Flynn MP.
Flynn said the move has cross-party support from an “overwhelming majority” of Scotland’s MPs and other devolved nations, including the LibDems, Plaid Cymru, and SDLP MPs.
It’s unclear how Labour, who have sent mixed messages on the GRR block, will vote in this latest attempt to force the UK Government into a U-turn.
A petition calling on the Tories to reverse their decision passed its first milestone on Tuesday morning.
And now, the SNP have lodged a motion in a bid to force the UK Government to allow a debate and vote on the issue in the Commons.
The motion reads: “That a humble Address be presented to His Majesty, praying that The Gender Recognition Reform (Scotland) Bill (Prohibition on Submission for Royal Assent) Order 2023, dated 17 January 2023, a copy of which was laid before this House on 17 January 2023, be annulled.”
Alister Jack used a Section 35 order for the first time in the history of devolution to stop Scotland’s gender reforms from becoming law, stopping it from being given royal assent.
Under Westminster rules, the power to annul the move must be used within 40 days of the order being laid.
Flynn said the move by Jack was an “unprecedented attack” on Scottish democracy and said it should “never have happened”.
He said: “It shows Scotland will always be vulnerable under Westminster control, and independence is the only way to guarantee remote Westminster governments can't overturn Scotland's decisions.
"It speaks volumes that the overwhelming majority of Scotland's MPs, and cross-party MPs from across the devolved nations, oppose this Tory assault on devolution.
"MPs in Scotland, Wales and Northern Ireland know that if the Tories get away with this shameful attack on democracy, the entire devolution settlement is under threat - with the risk of any future bill passed by a devolved parliament at risk of being struck down by Westminster.
"The SNP will continue to stand up for Scottish democracy and the rights of trans people, who are the casualties of this appalling Tory culture war. But it's clear the only way to properly protect Scotland's democracy is to become an independent country and escape Westminster control for good."
It comes after Jack snubbed a second Holyrood committee which invited the Tory MP to give evidence supporting his decision to use Section 35. It came shortly after women's and equalities minister Kemi Badenoch also refused to give evidence to Holyrood’s equalities committee, after Jack said she was the relevant minister to answer MSPs questions.
First Minister Nicola Sturgeon said that both Tory ministers should “have the guts” to defend their decision in the Scottish Parliament.
