Westminster has threatened to put a stop to Nicola Sturgeon’s efforts to improve trans rights (Picture: Getty Images)
UK prime minister Rishi Sunak has said it’s ‘reasonable’ to threaten to block Scotland’s gender recognition reforms.
The bill, which allows trans people in Scotland to more easily and quickly change their legal gender, passed through Holyrood in a 86 to 39 vote.
But within hours, Westminster threatened to block the law from gaining Royal Assent, the final step before a bill becomes law.
Sunak told reporters yesterday: ‘Lots of people have got concerns about this new bill in Scotland, about the impact it will have on women and children’s safety.
‘So I think it’s completely reasonable for the UK government to have a look at it, understand what the consequences are for women and children’s safety in the rest of the UK and then decide on what the appropriate course of action is.’
The Gender Recognition Reform bill, proposed by first minister Nicola Sturgeon six years ago, introduced self-identification to Scotland in a UK first.
The reforms make how a trans Scot gains legal recognition simpler, fairer and quicker (Picture: PA)
This means trans people no longer need an intrusive medical diagnosis of gender dysphoria to change the sex marker on their birth certificate.
Gaining a diagnosis can take years, given the immense times for NHS gender clinics that offer trans healthcare,
The tweaks to the UK’s Gender Recognition Act (GRA) also lowered the age at which people can apply for a gender recognition certificate from 18 to 16.
It also shortened the period a trans person has to live in their ‘acquired’ gender from two years to three months for over-18s (six months for 16 and 17-year-olds).
The legislative process for the Scottish parliament sees a bill, if passed, sent to King Charles to rubber stamp around four weeks after a vote.
Scottish secretary Alister Jack suggested that the never-before-used Section 35 Order could be used to stop the bill from landing on Charles’ desk.
Jack said: ‘We share the concerns that many people have regarding certain aspects of this Bill and in particular the safety issues for women and children.
‘We will look closely at that and also the ramifications for the 2010 Equality Act and other UK-wide legislation in the coming weeks – up to and including a Section 35 order stopping the Bill going for Royal Assent if necessary.’
The first minister proposed the reforms six years, with three public consultations following (Picture: PA)
Under the Scotland Act 1998, the UK government can intervene in national law.
A state secretary can step in if they believe they have ‘reasonable grounds’ that the law would be ‘incompatible with any international obligations or the interests of defence or national security’.
Westminster could also intervene if officials believe the Scottish bill would have an ‘adverse effect’ on wider law.
But if Sunak’s government does take aim at the GRA reforms, don’t expect Scotland to go down without a fight, said Scotland’s social justice secretary.
Shone Robinson told BBC Radio Scotland yesterday: ‘The bill as passed is absolutely within legislative competence and of course was backed by an overwhelming majority with support from all parties.
‘I think any attempt by the UK government to undermine what is, after all, the democratic will of the Scottish parliament, it will be vigorously contested by the Scottish government.’
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The UK prime minister said it’s ‘reasonable’ to do so.
