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{"id":15540,"date":"2022-12-22T17:21:00","date_gmt":"2022-12-22T17:21:00","guid":{"rendered":"https:\/\/financeworld24.com\/uk-government-might-block-scottish-gender-recognition-reform-bill-as-it-happened\/"},"modified":"2022-12-22T17:21:00","modified_gmt":"2022-12-22T17:21:00","slug":"uk-government-might-block-scottish-gender-recognition-reform-bill-as-it-happened","status":"publish","type":"post","link":"https:\/\/financeworld24.com\/uk-government-might-block-scottish-gender-recognition-reform-bill-as-it-happened\/","title":{"rendered":"UK government might block Scottish gender recognition reform bill \u2013 as it happened"},"content":{"rendered":"
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Westminster may use rare power to block Scotland’s gender recognition bill on women’s safety grounds, UK minister says<\/h2>\n<\/header>\n

Alister Jack<\/strong>, the Scottish secretary, has hinted that the UK government might block the gender recognition reform (Scotland) bill passed by MSPs this afternoon. In a statement responding to the vote, he said:<\/p>\n

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<\/path><\/svg>We share the concerns that many people have regarding certain aspects of this bill, and in particular the safety issues for women and children.<\/p>\n

We will look closely at that, and also the ramifications for the 2010 Equality Act and other UK wide legislation, in the coming weeks – up to and including a section 35 order stopping the bill going for royal assent if necessary.<\/p>\n<\/blockquote>\n

Kemi Badenoch, the equalities minister, has suggested the Scottish bill could have a detrimental impact on the rest of the UK because it would not be possible for the legislation to be \u201cfully contained\u201d within Scotland. She set out our concerns in a letter to Nicola Sturgeon, Scotland\u2019s first minister, that was leaked to the Times earlier this month.<\/a><\/p>\n

Under the Scotland Act that set up the Scottish parliament, the UK government has the power to block a bill passed by the Scottish parliament if it can argue that it would have an \u201cadverse effect\u201d on the operation of the law on a reserved matter (a policy area where Westminster, not Holyrood, is in charge). In this case, the UK government would be arguing that the Scottish legislation would have a harmful effect on equality law.<\/p>\n

This power has never been used and, if Rishi Sunak\u2019s government were to invoke it now, that would be seen as highly provocative in Edinburgh.<\/p>\n

But during first minister\u2019s questions today Douglas Ross,<\/strong> the Scottish Conservative leader, argued that opinion polls have repeatedly shown that the bill is not popular with Scots<\/a>, and that claim could embolden Westminster to intervene.<\/p>\n

Michael Foran,<\/strong> a law lecturer, has written a good blog on how section 35 orders work at the UK Constitutional Law Association website<\/a>. Here is is conclusion.<\/p>\n

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<\/path><\/svg>If the secretary of state did issue a s.35 order it would certainly be subject to judicial review. Given that the order must be made within four weeks of the bill\u2019s passing, any challenge will be based on whether there were reasonable grounds for concluding that the advancement of equal opportunities for biological women would be frustrated. Whether the UK government wishes to wade into this political quagmire, given both the gender politics and the devolution politics, is another question entirely. <\/p>\n<\/blockquote>\n<\/div>\n<\/div>\n

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    The Scottish government has hailed a \u201chistoric day for equality\u201d after MSPs approved plans to make it easier and less intrusive for individuals to legally change their gender, extending the new system of self-identification to 16- and 17-year-olds for the first time.<\/a><\/strong> In response, Alister Jack,<\/strong> the Scottish secretary, said the UK government was considering blocking the legislation, using a power under the Scotland Act that has never been used before, on the grounds that it would have a negative impact on equality law in the rest of the UK. (See 5.06pm.)<\/a><\/p>\n<\/li>\n

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