This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.bbc.co.uk/news/uk-politics-64288757

The article has changed 11 times. There is an RSS feed of changes available.

Version 3 Version 4
UK government to block Scottish gender bill UK government to block Scottish gender bill
(about 1 hour later)
The UK government has decided to block a controversial Scottish bill designed to make it easier for people to change their legal gender.The UK government has decided to block a controversial Scottish bill designed to make it easier for people to change their legal gender.
UK ministers say it would conflict with equality laws which apply across Great Britain. UK ministers say the draft law would conflict with equality protections applying across Great Britain.
It is the first use of a Section 35 order, which can block Scottish laws. It is the first time a Scottish law has been blocked for affecting UK-wide law.
Scotland's First Minister Nicola Sturgeon called the move a "full-frontal attack" on the Scottish Parliament and vowed to oppose it.Scotland's First Minister Nicola Sturgeon called the move a "full-frontal attack" on the Scottish Parliament and vowed to oppose it.
She said the Scottish government would "defend" the bill, warning if the veto succeeded it would be the "first of many".She said the Scottish government would "defend" the bill, warning if the veto succeeded it would be the "first of many".
Scottish Secretary Alister Jack, who will take the legal steps on Tuesday to confirm the move, said he had concerns the draft law would have an "adverse impact" on Great Britain-wide equalities legislation.
"Transgender people who are going through the process to change their legal sex deserve our respect, support and understanding," he said.
"I have not taken this decision lightly. The bill would have a significant impact on, amongst other things, GB-wide equalities matters in Scotland, England and Wales."
He added: "If the Scottish government chooses to bring an amended bill back for reconsideration in the Scottish Parliament, I hope we can work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation."
Live: Sturgeon calls law block an 'outrage'Live: Sturgeon calls law block an 'outrage'
Sunak has concerns about impact of gender reformsSunak has concerns about impact of gender reforms
Starmer: '16 is too young to change legal gender'Starmer: '16 is too young to change legal gender'
MSPs voted to pass the Gender Recognition Bill by 86 votes to 39 in December. The UK government's Scottish secretary, Alister Jack, who will take the legal steps on Tuesday to confirm the veto, said he had "not taken this decision lightly".
The aim of the bill is to simplify and speed up the existing process by which people can obtain a gender recognition certificate (GRC) to change their legally recognised gender. In a letter to Ms Sturgeon, he said the bill would have a "significant impact" on GB-wide equalities law, citing the impact on single-sex associations and clubs and rules on equal pay.
The changes lower the age that people can apply for a GRC from 18 to 16. He added that UK ministers would "work together" with the Scottish government if agreed to bring forward an amended bill.
They also remove the need for a medical diagnosis of gender dysphoria, with applicants only needing to have lived as their acquired gender for three months rather than two years - or six months if they are aged 16 or 17. The announcement was greeted with fury by Scottish Social Justice Secretary Shona Robison, who called the decision to block the bill "outrageous".
She added that the move showed the UK government's "contempt for devolution," calling it a "dark day for trans rights and a dark day for democracy in the UK".
This is a major and unique intervention from the UK government.
They have successfully challenged Holyrood legislation before on the basis that MSPs exceeded their powers.
But they have never blocked a Scottish bill on the basis that they think it will have a negative impact on UK law, in this case the Equalities Act.
This decision turns a dispute about the process for legally changing gender into a significant constitutional clash between the Scottish and UK governments.
I am told the UK Labour Party will not challenge this intervention, but some Scottish Labour MSPs are furious that gender reforms they helped pass are being stopped.
While UK ministers have suggested the bill could be modified, Scottish ministers have made clear they intend to defend what Holyrood has approved - which probably means this dispute ends up in court.
The Gender Recognition Bill, passed by 86 votes to 39 in the Scottish Parliament last month, would streamline the process in Scotland for changing legal gender.
The bill would lower the age that people can apply for a gender recognition certificate (GRC) - a legal document confirming a gender change - from 18 to 16.
It would also remove the need for a medical diagnosis of gender dysphoria, with applicants only needing to have lived as their acquired gender for three months rather than two years - or six months if they are aged 16 or 17.
Trans campaigners welcomed the bill, however critics of the plans are worried that allowing anyone to "self-identify" as a woman could impact on women's rights and access to single-sex spaces like refuges and changing rooms.Trans campaigners welcomed the bill, however critics of the plans are worried that allowing anyone to "self-identify" as a woman could impact on women's rights and access to single-sex spaces like refuges and changing rooms.
Ministers can stop a bill becoming law by using Section 35 of the Scotland Act, the legislation which created a Scottish Parliament with powers to make laws on a range of issues. 'Political weapon'
In his letter, Mr Jack said the changes risked "creating significant complications from having two different gender recognition schemes in the UK," including "allowing more fraudulent or bad faith applications".
UK ministers have used a power to block the law under Section 35 of the Scotland Act, the legislation which created a Scottish Parliament with powers to make laws on a range of issues.
If ministers think a Holyrood bill would modify laws reserved to Westminster and have an "adverse effect" on how those laws apply, they can block it. But the power has not been used up to now.If ministers think a Holyrood bill would modify laws reserved to Westminster and have an "adverse effect" on how those laws apply, they can block it. But the power has not been used up to now.
Scottish First Minister Nicola Sturgeon has argued there are no grounds for the UK government to challenge the legislation as it falls within the powers of the Scottish Parliament. She has said any move to block the reforms would be using trans people "as a political weapon". Scottish First Minister Nicola Sturgeon has argued there are no grounds for the UK government to challenge the legislation as it falls within the powers of the Scottish Parliament.
But UK ministers are concerned about the potential impact on the Equality Act and its protections for women-only spaces, as well as the implications for UK-wide documents. She has said any move to block the reforms would be using trans people "as a political weapon".