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Minister condemns 'draconian' gender reform block Nicola Sturgeon says gender reform row will go to court
(about 3 hours later)
The reforms would allow people to change their legally-recognised gender from the age of 16 Nicola Sturgeon says the UK government is ‘stoking a culture war’ over gender reform bill
Blocking plans to make it easier for people in Scotland to change gender have been branded "draconian" by the country's social justice minister. Nicola Sturgeon says the UK government is ‘stoking a culture war’ over gender reform bill
Shona Robison said the move was a "dark day for democracy" in the UK. The row over Scotland's gender reforms will "inevitably" end up in court, the country's first minister has said.
And she dismissed suggestions that the reforms would impact on UK-wide equalities laws. Nicola Sturgeon was speaking as the UK government formally moved to block the legislation that was passed by the Scottish Parliament last month.
The UK government is to formally prevent the reforms from gaining royal assent later on Tuesday. The reforms are intended to make it easier for trans people to change their legal gender.
Scottish Secretary Alister Jack has said the reforms would have a "chilling effect" on things like single-sex spaces and rules on equal pay for men and women, and that having different processes for changing gender across the UK would create "significant complications". But the UK government says the changes could impact on equality laws that apply across Great Britain.
He will use a Section 35 order to prevent the Gender Recognition Reform (Scotland) Bill from gaining royal assent - the first time the mechanism has been used since the Scottish Parliament was created in 1999. Scottish Secretary Alister Jack is to use a Section 35 order to prevent the Gender Recognition Reform (Scotland) Bill from gaining royal assent - the first time this has been done since the Scottish Parliament was created in 1999.
Follow UK minister's statement on blocking gender reformFollow UK minister's statement on blocking gender reform
What are the plans for gender reforms in Scotland?
Gender bill: What next for Sunak and Sturgeon?Gender bill: What next for Sunak and Sturgeon?
UK government to block Scottish gender bill What are the plans for gender reform in Scotland?
A Section 35 order allows the Scottish Secretary to block legislation passed by Holyrood if he believes it would have a detrimental impact on areas that are reserved to Westminster. The Scottish secretary is able to block legislation passed by Holyrood if he believes it would have a detrimental impact on areas that are reserved to Westminster.
Speaking to the BBC's Good Morning Scotland programme, Ms Robison described the move as "outrageous" and said it would "cut across Scotland's democracy". Mr Jack told the Commons the reforms would have an adverse impact on single sex clubs, associations and schools and protections such as equal pay.
She added: "I think it is a dark day for democracy in the UK and I think people should be very concerned that this is the thin edge of the wedge for future legislation." And he said having different processes for changing gender across the UK would create "significant complications" and could lead to "more fraudulent or bad faith applications".
Ms Robison said the Scottish government was "very, very confident" that the legislation was competent and did not impact on UK laws, and pledged to take "whatever steps we need to ensure that the democratic will of the Scottish parliament is not frustrated". Ms Sturgeon told BBC political editor Chris Mason that Mr Jack was making a "profound mistake" and accused him of launching a "direct attack on the institution of the Scottish Parliament".
She accused the UK government of "using one of the most marginalised groups in society as a political weapon". She said it would "inevitably end up in court" and that the Scottish government would "vigorously defend this legislation".
Ms Robison said the Scottish government would do whatever it takes to ensure the reforms become law The first minister added: "In doing so we will be vigorously defending something else, and that is the institution of the Scottish Parliament and the ability of MSPs, democratically elected, to legislate in areas of our competence.
The minister added: "This is just the latest in a string of increasingly draconian behaviour from the UK Tory government. "In short, we'll be defending Scottish democracy".
"I think there are ministers within the Sunak government who are very bullish about this and who want to roll back on human rights and equalities legislation, and it is also about the Secretary of State for Scotland wanting to throw his weight about." Ms Sturgeon said the legislation would not automatically go to the Supreme Court, as would have happened if the UK government had used another section of the Scotland Act to challenge it, so "this is something the Scottish government will have to judicially review".
She said she believed the decision to block the reforms had not been the unanimous position of UK ministers and that "the shrill voices within the UK government who want to undermine Scotland's democracy and want to rein back on people's rights have won out, and we will not stand for it". Alister Jack acknowledged that blocking the reforms was a significant step
Gillian Keegan, the UK government's education secretary, said she was surprised by criticism of the move to block the gender reforms. She also accused the UK government of attempting to stoke a "culture war" over the issue, and of being "increasingly hostile to the Scottish Parliament".
Ms Keegan said the UK could not have "competing" gender and equality legislation, and that the Scotland Act which created the Scottish Parliament had included the Section 35 provision "for exactly this type of scenario". Ms Sturgeon added: "This is not the first attack on the Scottish Parliament we've seen, but it is the most serious to date".
She told BBC Breakfast: "The Secretary of State for Scotland has used this power because we can't have two competing gender and equality legislations. Mr Jack said he was not making the Section 35 order lightly, and acknowledged it was a "significant decision".
"So we need to look at that and need to work out what to do, and he'll be setting out and making a statement later on today in parliament." But he said the mechanism had been put in place by the architects of devolution for good reason, with Donald Dewar - Scotland's inaugural first minister - describing it as a "sensible measure to ensure that devolved legislation does not have adverse impacts on reserved matters".
Mr Jack added: "We should be clear that this is absolutely not about the UK 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 is not a power to be used lightly".
The UK government is to publish a full statement of reasons alongside the order which will set out in full the adverse effects it is concerned about.
Earlier on Tuesday, the UK government's education secretary denied being at odds with the prime minister over gender recognition policy after appearing to suggest 16-year-olds are old enough to determine their identity.
Gillian Keegan appeared to quickly row back on remarks - made as she toured broadcast studios on Tuesday - in which she seemed to indicate that young people could be mature enough at 16 to choose their gender.
The lowering of the age from 18 to 16 has been one of the most controversial aspects of the Scottish reforms, with both Rishi Sunak and Labour leader Keir Starmer saying they have concerns about it.
When asked by Sky News on whether she thought 16 was too young, Ms Keegan replied: "No I don't actually. I was working at 16, I was paying tax at 16, I was making decisions for myself at 16."
In a subsequent interview with ITV's Good Morning Britain, she said she does not have a "strong opinion" and was referring to the fact she "felt able to take decisions for myself at 16".
What are the gender reforms?What are the gender reforms?
Opponents of the reforms are concerned about their potential impact on legal protections for womenOpponents of the reforms are concerned about their potential impact on legal protections for women
The Gender Recognition Bill was passed by 86 votes to 39 in the Scottish Parliament last month, and is intended to streamline the process in Scotland for changing legal gender.The Gender Recognition Bill was passed by 86 votes to 39 in the Scottish Parliament last month, and is intended to streamline the process in Scotland for changing legal gender.
The reforms have been highly controversial, with several SNP backbenchers voting against the bill and Ash Regan quitting as community safety minister in protest.The reforms have been highly controversial, with several SNP backbenchers voting against the bill and Ash Regan quitting as community safety minister in protest.
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.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.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 reforms, but 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 reforms, but critics of the plans are worried that allowing anyone to "self-identify" as a woman could affect women's rights and access to single-sex spaces like refuges and changing rooms.
Scottish Labour, who supported the bill at Holyrood, called on Scottish and UK ministers to find a solution to the impasse.Scottish Labour, who supported the bill at Holyrood, called on 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 be used as an excuse for SNP-Tory attrition warfare". Shadow Scottish Secretary Ian Murray has accused both governments of attempting to "break" devolution and argued that "trans rights and women's rights should not be used as an excuse for SNP-Tory attrition warfare".