UK facing constitutional crisis as Tories block Scottish law for first time in history
The UK Government is to block a gender recognition law passed by the Scottish Parliament in a move which is expected to lead to a huge clash between London and Edinburgh.
The UK Government will move to block a gender recognition law passed by the Scottish Parliament due to concerns over the impact on UK-wide equalities legislation, Scottish Secretary Alister Jack said. The UK Government will invoke a Section 35 order under devolution legislation to stop the law from getting Royal Assent. It will be the first time UK ministers have used the order which stops a Scottish Bill from becoming law.
It means the Scottish Government's Gender Recognition Reform Act cannot become law. The Act was designed to make it easier for people to change their legally recognised sex.
But London says it will have an adverse effect on the law in the rest of Britain, particularly the Equalities Act 2010 and how this law manages single sex spaces for women.
The UK Government's move sets up a huge constitutional clash between Holyrood and Westminster besides the impact it will have on people who want to change their legally recognised sex.
Mr Jack said in a statement: "I have decided to make an order under Section 35 of the Scotland Act 1998, preventing the Scottish Parliament's Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent."
The Scottish Secretary added: "After thorough and careful consideration of all the relevant advice and the policy implications, I am concerned that this legislation would have an adverse impact on the operation of Great Britain-wide equalities legislation.
"Transgender people who are going through the process to change their legal sex deserve our respect, support and understanding. My decision today is about the legislation's consequences for the operation of GB-wide equalities protections and other reserved matters.
"I have not take this decision lightly. The Bill would have a significant impact on, amongst other things, GB-wide equalities matter in Scotland, England and Wales. I have concluded, therefore, that this is the necessary and correct course of action."
He continued: "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."
The statement concludes with the Scottish Secretary noting he has informed First Minister Nicola Sturgeon and the Scottish Parliament's presiding officer.