Gender recognition bill: Why and how has the UK Government blocked it?

Scottish MPs passed the bill in December to allow people to obtain a gender recognition certificate without a medical diagnosis
Scotland’s First Minister Nicola Sturgeon said the decision was a “full-frontal attack” on the Scottish Parliament
Getty Images
Seren Morris17 January 2023
WEST END FINAL

Get our award-winning daily news email featuring exclusive stories, opinion and expert analysis

I would like to be emailed about offers, event and updates from Evening Standard. Read our privacy notice.

The UK Government has blocked Scotland’s gender recognition bill by using Section 35 of the Scotland Act for the first time since it was passed in 1998.

Scottish Secretary Alister Jack said he was “concerned” that the legislation would have an “adverse impact” on equalities legislation in the UK.

Meanwhile, First Minister of Scotland Nicola Sturgeon said the decision was a “full-frontal attack” on the Scottish Parliament.

Ms Sturgeon said that the Scottish government would “vigorously defend this legislation” and in doing so would be “vigorously defending” the Scottish parliament and Scottish democracy.

The Scottish government will likely seek a judicial review at the Court of Session in Edinburgh, as reported by the BBC.

So what is the bill and how will the Government’s decision affect transgender people?

What is the gender recognition bill?

Scottish MPs passed the bill in December to allow people to obtain a gender recognition certificate without a medical diagnosis. This process is known as self-identification.

The bill would have also allowed 16 and 17-year-olds to apply for a gender recognition certificate. It would have also reduced the time a person would have to live in the gender they identify with before being granted the document.

Now that the bill has been blocked, the proposed changes will not come into force.

How has the UK Government responded to the bill?

Mr Jack said: “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.”

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.”

How can the UK Government block the bill?

Although the bill was passed in Scotland, the UK Government has blocked it under the 1998 Scotland Act.

Former Attorney General Dominic Grieve previously said that Prime Minister Rishi Sunak would not be acting undemocratically if he were to block it.

Mr Grieve told BBC Radio 4’s Today programme: “Section 35 of the Scotland Act, passed in 1998, when Scottish devolution was set up, expressly made provision for the possibility that there might be circumstances where in which the Scottish Parliament and Government enacted legislation which had an impact on reserved matters and gave to a UK minister the power to block it.”

The Government’s decision could be subject to judicial review and could end up in the UK Supreme Court.

How has Nicola Sturgeon reacted to the Government blocking the bill?

“This is a full-frontal attack on our democratically elected Scottish Parliament and its ability to make its own decisions on devolved matters,” she said. “[The Scottish Government] will defend the legislation and stand up for Scotland’s Parliament. If this Westminster veto succeeds, it will be first of many.”

How was the bill received by supporters?

Before the bill was blocked by the Government, human rights organisations had expressed support for the legislation.

The United Nations Human Rights office said: “We welcome the adoption by the Scottish Parliament of the Gender Recognition Reform Bill — a significant step forward in respecting the human right of trans persons to recognition of their gender identity, based on self-identification.”

Dunja Mijatovic, the Council of Europe’s commissioner for human rights, said: “I welcome Scotland’s new law GRRBill adopted today by Scottish Parliament introducing legal gender recognition based on self-determination.

“Nine [Council of Europe] states have already adopted such laws and several others under consideration. [This is] a key trend for full realisation of trans people’s human rights.”

Wales’ First Minister Mark Drakeford said he would not rule out self-identification legislation.

He said the bill was “very thoroughly and very carefully debated,” and said that he would seek the powers to be able to propose a similar bill.

Mermaids, a charity and advocacy organisation that supports gender variant and transgender youth, said in a blog post: “The passing of the GRR Bill in Scotland was a huge win for trans people, especially in opening up the process to 16 and 17-year-olds.

“Never before has the UK Government blocked a law made by the Scottish Parliament, which we think demonstrates the lengths they will go to undermine the rights and dignity of trans people.”

Create a FREE account to continue reading

eros

Registration is a free and easy way to support our journalism.

Join our community where you can: comment on stories; sign up to newsletters; enter competitions and access content on our app.

Your email address

Must be at least 6 characters, include an upper and lower case character and a number

You must be at least 18 years old to create an account

* Required fields

Already have an account? SIGN IN

By clicking Create Account you confirm that your data has been entered correctly and you have read and agree to our Terms of use , Cookie policy and Privacy policy .

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged in