UK government to block Scottish gender bill - BBC

1 year ago 52

Protesters holding trans rights placards successful  GlasgowImage source, PA Media

By Becky Morton & Paul Seddon

BBC News

The UK authorities has decided to artifact a arguable Scottish measure designed to marque it easier for radical to alteration their ineligible gender.

UK ministers accidental the draught instrumentality would struggle with equality protections applying crossed Great Britain.

It is the archetypal clip a Scottish instrumentality has been blocked for affecting UK-wide law.

Scotland's First Minister Nicola Sturgeon called the determination a "full-frontal attack" connected the Scottish Parliament and vowed to reason it.

She said the Scottish ministers would "defend" the bill, informing if the veto succeeded it would beryllium the "first of many".

The Scottish authorities is expected to situation the ruling - perchance done a judicial reappraisal - but is waiting for much details from UK ministers.

Nicola Sturgeon's authorities judge the existent process is excessively hard and invasive, and causes distress to an already marginalised and susceptible number group.

The UK government's Scottish caput Alister Jack volition instrumentality the ineligible steps connected Tuesday to corroborate the move, and acceptable retired the reasons for it successful a connection to the House of Commons.

In a missive to Ms Sturgeon, helium said the measure would person a "significant impact" connected protections contained successful UK equalities legislation.

He cited concerns implicit its effect connected ineligible rights to tally single-sex clubs, associations and schools, arsenic good arsenic rules connected adjacent wage for men and women.

He added that having "two antithetic sex designation schemes successful the UK" risked creating "significant complications," including "allowing much fraudulent oregon atrocious religion applications".

The announcement was greeted with fury by Scottish Social Justice Secretary Shona Robison, who called the determination to artifact the measure "outrageous".

Arguing that the measure does not impact UK-wide equalities law, she said the "political" determination demonstrated the UK government's "contempt for devolution".

"This is simply a acheronian time for trans rights and a acheronian time for ideology successful the UK," she added.

This is simply a large and unsocial involution from the UK government.

They person successfully challenged Holyrood authorities earlier connected the ground that MSPs exceeded their powers.

But they person ne'er blocked a Scottish measure connected the ground that they deliberation it volition person a antagonistic interaction connected UK law, successful this lawsuit the Equality Act.

This determination turns a quality astir the process for legally changing sex into a important law clash betwixt the Scottish and UK governments.

I americium told the UK Labour Party volition not situation this intervention, but immoderate Scottish Labour MSPs are furious that sex reforms they helped walk are being stopped.

While UK ministers person suggested the measure could beryllium modified, Scottish ministers person made wide they mean to support what Holyrood has approved - which astir apt means this quality ends up successful court.

The Gender Recognition Bill, passed by 86 votes to 39 successful the Scottish Parliament past month, would streamline the process successful Scotland for changing ineligible gender.

The measure would little the property that radical tin use for a sex designation certificate (GRC) - a ineligible papers confirming a sex alteration - from 18 to 16.

It would besides region the request for a aesculapian diagnosis of sex dysphoria, with applicants lone needing to person lived arsenic their acquired sex for 3 months alternatively than 2 years - oregon six months if they are aged 16 oregon 17.

Trans campaigners welcomed the bill, nevertheless critics of the plans are disquieted that allowing anyone to "self-identify" arsenic a pistillate could interaction connected women's rights and entree to single-sex spaces similar refuges and changing rooms.

'Political weapon'

UK ministers person utilized a powerfulness to artifact the instrumentality nether Section 35 of the Scotland Act, the authorities which created a Scottish Parliament with powers to marque laws connected a scope of issues.

If ministers deliberation a Holyrood measure would modify laws reserved to Westminster and person an "adverse effect" connected however those laws apply, they tin artifact it. But the powerfulness has not been utilized up to now.

Scottish First Minister Nicola Sturgeon has argued determination are nary grounds for the UK authorities to situation the authorities arsenic it falls wrong the powers of the Scottish Parliament.

She has said immoderate determination to artifact the reforms would beryllium utilizing trans radical "as a governmental weapon".

Scottish Labour, who supported the measure astatine Holyrood, called connected Scottish and UK ministers to find a solution to the impasse.

Shadow Scottish Secretary Ian Murray added: "Trans rights and women's rights should not beryllium utilized arsenic an excuse for SNP-Tory attrition warfare".

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