The UK Government is not seeking to veto Scottish Parliament legislation “whenever it chooses” by moving against controversial reforms of the gender recognition process passed by Holyrood, Alister Jack has said.
The Scottish Secretary said the Gender Recognition Reform (Scotland) Bill would have “serious adverse effects” on the operation of UK-wide equalities legislation.
Giving a statement to MPs on the Government’s decision to use Section 35 of the Scotland Act to prevent the Bill from gaining royal assent – the first time such powers have been used since Holyrood was established in 1999 – Mr Jack said “very senior legal opinion” is that using the mechanism is “appropriate”.
Scottish First Minister Nicola Sturgeon has already branded the move a “full-frontal attack on our democratically-elected Scottish Parliament and its ability to make its own decisions on devolved matters”.
She told the BBC the decision will “inevitably end up in court”.
In Westminster, the UK Government was understood to be braced for drawn-out legal wrangling.
Meanwhile Holyrood’s Social Justice Secretary Shona Robison said use of the veto was a move from an “increasingly draconian” Government.
Responding to such claims of “constitutional outrage”, Mr Jack stressed the power to prevent legislation from going forward for royal assent – which prevents a law coming into place – had been included in the legislation which established the Scottish Parliament.
The Scottish Secretary told MPs: “This is the first time the power has been exercised and I acknowledge that this is a significant decision.
“The powers of Section 35 of the Scotland Act are not new and this Government has not created them. They have existed as long as devolution itself.
“The Section 35 power provides a sensible measure to ensure that devolved legislation does not have adverse impacts on reserved matters, including the equalities legislation.
“This is not about preventing the Scottish Parliament from legislating on devolved matters, but about ensuring we do not have legal frameworks in one part of the United Kingdom which have adverse effects on reserved matters.
“We should be clear that this is absolutely not about the United Kingdom Government being able to veto Scottish Parliament legislation whenever it chooses, as some have implied.
“The power can only be exercised on specific grounds and the fact that this is the first time it has been necessary to exercise the power in almost 25 years of devolution emphasises that it is not a power to be used lightly.”
He added that “in the instance of the Gender Recognition Reform (Scotland) Bill, I have concluded that the Bill would have serious adverse effects on the operation of the Equality Act 2010”.
He had already warned the reforms – which simplify the process for trans people to obtain a gender recognition certificate (GRC) – could have “chilling effects on single-sex spaces” for women.
Downing Street, meanwhile, suggested it was “forced” to block the law in order to uphold the Scotland Act.
The Prime Minister’s official spokesman said: “It’s with regret that we’ve been forced to take this unprecedented approach. It’s significant that this is the first time we’ve ever had to consider using Section 35.
“It’s important to understand that if we did not take this action, we would not be upholding the Scotland Act, which set out that Scottish Parliament should not legislate in areas where there may be adverse effects on GB-wide legislation and of course equalities is part of that.”
The UK Government will not accept any revised Bill that will have “such a significant impact” on equalities matters across Great Britain, the spokesman added.
However Ms Robison told BBC Radio Scotland that the Scottish Government is “very confident” the Bill “does not impact on UK legislation”.
She added: “We will take whatever steps we need to ensure the democratic will of the Scottish Parliament is not frustrated.”
The Bill was passed by an “overwhelming majority” at Holyrood last month, with MSPs from all political parties backing it, she said.
Ms Robison continued: “We are very confident in our legislation, this is legislation that is completely devolved, it is within the competence of the Scottish Parliament.”
She accused Mr Jack of “wanting to throw his weight about”, and claimed there are also some members of Rishi Sunak’s Government who “want to row back on human rights and equalities legislation”.
The legislation allows, for the first time, transgender people in Scotland to obtain legal recognition in their preferred gender without the need for a medical diagnosis.
It would also cut the time they have to live in their acquired gender before applying for a GRC, and reduce the age at which an application can be made to 16.
Ms Robison accused the UK Government of using the “nuclear option” by using Section 35, claiming: “This is all about politics, and I think using one of the most marginalised groups in society as a political weapon is simply outrageous.”
Kaynak: briturkish.com
