The UK Government is set to mount an unprecedented legal challenge to block Nicola Sturgeon’s controversial gender reforms. The Sunday Mail has learned that ministers will more likely than not lodge a Section 35 Order in an attempt to veto the legislation within weeks.
The mechanism has never been used but effectively gives the UK Government a right to block laws produced by the Scottish Parliament from gaining royal assent on the grounds they adversely affect UK statutes. The move would almost certainly result in a Supreme Court showdown between First Minister Nicola Sturgeon and Prime Minister Rishi Sunak.
A senior UK Government source said: “Ministers across the UK Government have very serious concerns about the SNP’s gender recognition bill. Lawyers and officials are still assessing the potential impact of the bill on the Equalities Act and other UK-wide legislation and considering the implications for prisons and schools.
“Obviously any action by the UK Government would have to be consistent with the devolution settlement but using a Section 35 Order, as set out in the Scotland Act, to prevent the Bill going for royal assent is absolutely on the table.”
Earlier this month the Scottish Parliament voted to make it possible for people to legally change their gender without a medical assessment, faster, and at the age of 16 rather than 18. While many MSPs say it advances the trans community, feminists fear for women’s rights and access to single sex spaces.
A UK Government challenge to the legislation revolves around how the new bill will impact women and girls’ rights in prisons and schools. The fear is that predatory men who claim to be trans to more easily gain a Gender Recognition Certificate in Scotland can then use it to exploit the Equalities Act in other parts of the UK.
The Scottish Parliament overwhelmingly voted in favour of the Gender Recognition Reform Bill by 86 to 39. But Scottish Secretary Alister Jack announced less than an hour later that the UK Government would consider using powers under the Scotland Act to prevent it becoming law.
The UK Government has a four-week period to review any bill agreed by MSPs before it moves to royal assent. A Section 35 allows the Scottish Secretary to lay an order essentially vetoing it.
It acknowledges the legislation is devolved but blocks its progress on the grounds it could have an adverse impact on legislation reserved to the UK.
A Scottish Government spokeswoman made clear any attempt to block the bill would be vigorously opposed.
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