A briefing paper on the Scottish Secretary's "veto" of the Gender Recognition Reform (Scotland) Bill under section 35 of the Scotland Act 1998

A briefing paper on the Scottish Secretary's "veto" of the Gender Recognition Reform (Scotland) Bill under section 35 of the Scotland Act 1998

I welcome the Court’s judgment, which upholds my decision to prevent the Scottish Government’s gender recognition legislation from becoming law. The Outer House of the Court of Session issued its judgment on the Scottish Government’s petition for judicial review on the section 35 Order made with respect to the Gender...

I welcome the Court’s judgment, which upholds my decision to prevent the Scottish Government’s gender recognition legislation from becoming law. The Outer House of the Court of Session issued its judgment on the Scottish Government’s petition for judicial review on the section 35 Order made with respect to the Gender...

My Rt hon. Friend the Secretary of State for Scotland (Alister Jack) has today made the following statement:

I welcome the Court’s judgment, which upholds my decision to prevent the Scottish Government’s gender recognition legislation from becoming law. The Outer House of the Court of Session issued its judgment on the...

My Rt hon. Friend the Secretary of State for Scotland (Alister Jack) has today made the following statement:

I welcome the Court’s judgment, which upholds my decision to prevent the Scottish Government’s gender recognition legislation from becoming law. The Outer House of the Court of Session issued its judgment on the...

To promise is ae thing, to keep it is another. Well, the Scottish Government kept their manifesto promise to the people and, thanks to support from Members of all political parties in Holyrood, the Gender Recognition Reform (Scotland) Bill was passed. Surely in that context, the Prime Minister must recognise that it is a dangerous moment for devolution when both he and, indeed, the Leader of the Opposition seek to overturn a promise made between Scotland’s politicians and Scotland’s people.

To promise is ae thing, to keep it is another. Well, the Scottish Government kept their manifesto promise to the people and, thanks to support from Members of all political parties in Holyrood, the Gender Recognition Reform (Scotland) Bill was passed. Surely in that context, the Prime Minister must recognise that it is a dangerous moment for devolution when both he and, indeed, the Leader of the Opposition seek to overturn a promise made between Scotland’s politicians and Scotland’s people.

Let me be crystal clear: the decision in this case is centred on the legislation’s consequences for reserved matters. This is laid out in the Scotland Act 1998, which established the Scottish Parliament—the hon. Gentleman talks about that and, at the time, it was supported by the SNP. This Bill would have a significant adverse effect on UK-wide equalities matters, so the Scottish Secretary, with regret, has rightly acted.

Let me be crystal clear: the decision in this case is centred on the legislation’s consequences for reserved matters. This is laid out in the Scotland Act 1998, which established the Scottish Parliament—the hon. Gentleman talks about that and, at the time, it was supported by the SNP. This Bill would have a significant adverse effect on UK-wide equalities matters, so the Scottish Secretary, with regret, has rightly acted.

Today I will make an order under section 35 of the Scotland Act 1998 preventing the Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent. This order will mean that the Presiding Officer of the Scottish Parliament will not submit the Bill for Royal Assent. This Government believe, however,...

Today I will make an order under section 35 of the Scotland Act 1998 preventing the Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent. This order will mean that the Presiding Officer of the Scottish Parliament will not submit the Bill for Royal Assent. This Government believe, however,...

I thank the Secretary of State for advance sight of his statement.

This is an incredibly serious moment: it is the first time section 35 has been invoked. Donald Dewar, the father of devolution—who has already been mentioned—designed this section to protect devolution. It was passed by all parties in the...

I thank the Secretary of State for advance sight of his statement.

This is an incredibly serious moment: it is the first time section 35 has been invoked. Donald Dewar, the father of devolution—who has already been mentioned—designed this section to protect devolution. It was passed by all parties in the...

I shall answer the hon. Gentleman’s questions, hopefully in the right order. This is not a last resort. To understand the Scotland Act, section 33 relates to where UK legislation is directly changed, and section 35 to where it is adversely affected. We have 28 days to make a decision...

I shall answer the hon. Gentleman’s questions, hopefully in the right order. This is not a last resort. To understand the Scotland Act, section 33 relates to where UK legislation is directly changed, and section 35 to where it is adversely affected. We have 28 days to make a decision...

It doesn’t address any of them.

It doesn’t address any of them.

Well, if any are not addressed, I am sure that others in the Chamber will ask those questions.

Well, if any are not addressed, I am sure that others in the Chamber will ask those questions.

The Secretary of State outlined in his statement how the UK Government had sought to engage constructively with the Scottish Government during the passage of the Bill prior to its being voted on in the Scottish Parliament, yet Nicola Sturgeon has tried to turn this into a political battle between...

The Secretary of State outlined in his statement how the UK Government had sought to engage constructively with the Scottish Government during the passage of the Bill prior to its being voted on in the Scottish Parliament, yet Nicola Sturgeon has tried to turn this into a political battle between...

Yes, and fortunately that addresses one of the points that the shadow Secretary of State for Scotland raised. I can address it here. I have written to the First Minister and suggested that we meet to resolve these issues. It is the case that the Scottish Government’s Bill has adverse...

Yes, and fortunately that addresses one of the points that the shadow Secretary of State for Scotland raised. I can address it here. I have written to the First Minister and suggested that we meet to resolve these issues. It is the case that the Scottish Government’s Bill has adverse...

The vetoing of this legislation is an unprecedented attack on the Scottish Parliament, which passed the Gender Recognition Reform (Scotland) Bill by 86 votes to 39, including MSPs from every party. Gender recognition is a devolved policy area and this does not change the Equality Act 2010 or give any...

The vetoing of this legislation is an unprecedented attack on the Scottish Parliament, which passed the Gender Recognition Reform (Scotland) Bill by 86 votes to 39, including MSPs from every party. Gender recognition is a devolved policy area and this does not change the Equality Act 2010 or give any...

The hon. Lady will not be surprised to hear that I do not recognise much of what she says as being correct. I would point her to the statement of reasons, which will be laid alongside this order today. Our legal advice is clear: the Equality Act 2010 is reserved...

The hon. Lady will not be surprised to hear that I do not recognise much of what she says as being correct. I would point her to the statement of reasons, which will be laid alongside this order today. Our legal advice is clear: the Equality Act 2010 is reserved...

A Conservative Government are standing up for women’s sex-based rights in Scotland. I congratulate the Government on this decision, which we know will protect women’s sex-based specialist services in areas such as rape crisis. Does the Secretary of State agree, given the verdict of the UN special rapporteur and the...

A Conservative Government are standing up for women’s sex-based rights in Scotland. I congratulate the Government on this decision, which we know will protect women’s sex-based specialist services in areas such as rape crisis. Does the Secretary of State agree, given the verdict of the UN special rapporteur and the...

Absolutely.

Absolutely.

This is the single biggest attack on Scottish devolution and Scottish democracy since the establishment of the Scottish Parliament in 1999. A move to strike down a piece of legislation that is supported by every single party in the Parliament is as provocative as it is anti-democratic. When the Scotland...

This is the single biggest attack on Scottish devolution and Scottish democracy since the establishment of the Scottish Parliament in 1999. A move to strike down a piece of legislation that is supported by every single party in the Parliament is as provocative as it is anti-democratic. When the Scotland...

I come back to my original point. This is a decision that I did not take lightly. It was taken after much consideration of the legal advice that we received and it is based on a section 35 order, which is in the 1998 Scotland Act—an Act brought forward by...

I come back to my original point. This is a decision that I did not take lightly. It was taken after much consideration of the legal advice that we received and it is based on a section 35 order, which is in the 1998 Scotland Act—an Act brought forward by...

Is not the central point here that devolution is not the same as independence? [Interruption.] To the disappointment of some, I accept, but in every devolution settlement, including ours, every devolved legislature has to legislate with consideration for the other parts of the United Kingdom. If that does not happen,...

Is not the central point here that devolution is not the same as independence? [Interruption.] To the disappointment of some, I accept, but in every devolution settlement, including ours, every devolved legislature has to legislate with consideration for the other parts of the United Kingdom. If that does not happen,...