THE UK Attorney General is threatening a constitutional row by suggesting she might interfere in the Scottish Government's GRA Bill.
Suella Braverman QC has said that she is deeply opposed to the Gender Recognition Reform Bill.
The bill looks to remove the need for a medical diagnosis of gender dysphoria and allow trans people to choose their own gender.
But the Tory MP for Fareham has indicated that she might try and intervene in the passing of the bill on grounds of "constitutional issues".
In an interview with the Sunday Telegraph, she said: “I think there are incredibly serious implications of what the Scottish Government is proposing and I will be considering whether there are constitutional issues.”
Braverman claims that the law would approve a form of self-identification that would create a “two-tier system within the United Kingdom”.
She added: “I can’t foresee how that is workable, whereby north of the Border, you may be able to self-identify but a bit south of the Border that might not be recognised. What effects does that have on our public institutions, our state? It is incredibly worrying and causes a huge amount of uncertainty.”
Back in March, Tory MP Bernard Jenkin, who chairs the Westminster liaison committee, demanded that the UK Government try and block the bill.
Jenkin argued that the bill would breach the devolution settlement as it could affect all UK citizens while circumventing Westminster.
He said: “The Government must challenge the Scottish Parliament, via its proposed Gender Recognition Reform Bill, because it intends to endow new controversial rights on all UK citizens which have not been approved by this parliament,
“That was never the intention of the devolution settlement. Anyone from any part of the UK would be able to acquire a gender recognition certificate in Scotland with no medical diagnosis, so they could change the sex on their birth certificate, and gain [access] to women-only safe spaces.”
Jenkin also claimed that the bill would “create new opportunities for predatory men”.
The bill sets out a requirement that people would have to live in their chosen gender for a minimum of three months to apply for a certificate that would be given after another “reflection period” of a further three months.
The proposed law also requires applicants to swear that they intend to stay in their chosen gender for life, with a false declaration being punishable by a maximum sentence of two years in prison.
First Minister Nicola Sturgeon has previously said that concerns surrounding the bill were “not valid” and emphasised that it would be subject to the “full legislative process with all the normal parliamentary scrutiny”.
Scottish Greens co-leader Patrick Harvie condemned the UK Government’s attempts to interfere in Holyrood on Sunday.
He said: “They don’t believe in Scotland’s right to make decisions, even in devolved areas.”
A Scottish Government spokesperson said: “We are committed to reforming the gender recognition process and have always been keen to seek consensus where possible and to work to support respectful debate.
“The Gender Recognition Reform (Scotland) Bill was introduced in March and it is now with Parliament to consider.”
Maggie Chapman, the Scottish Greens equalities spokesperson, said: “Devolution isn’t here to be used as a pawn in Tory culture wars, nor is it here to distract voters from the UK's catastrophic political and economic failings.
“GRA reform is long overdue. The current process is intrusive, lengthy and expensive; it causes completely unnecessary distress and damages trans people's mental health, in some cases putting their lives in danger. That’s why it’s already been reformed in dozens of other countries.
“Scotland will take these necessary steps to make the lives of trans people easier and protect their basic right to exist as who they are."
The SNP have been contacted for comment.
