Scottish Secretary has made 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.
Scottish Secretary said:
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.
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 taken this decision lightly. The Bill would have a
significant impact on, amongst other things, GB-wide equalities
matters in Scotland, England and Wales. I have concluded,
therefore, that this is the necessary and correct course of
action.
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.
I have written today to the First Minister and the Scottish
Parliament’s Presiding Officer informing them of my decision.