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Gender Recognition Reform (Scotland) Bill

The Gender Recognition Reform (Scotland) Bill is a bill passed by the Scottish Parliament. The bill seeks to amend the Gender Recognition Act 2004 of the Parliament of the United Kingdom, making it simpler for people to change their legal gender.[2] On 17 January 2023, the United Kingdom government used section 35 of the Scotland Act 1998 to block the bill from receiving royal assent, the first time section 35 has been used.[3]

Gender Recognition Reform (Scotland) Bill
Long titleAn Act of the Scottish Parliament to reform the grounds and procedure for obtaining gender recognition; and for connected purposes.
Introduced byShona Robison[1]
Other legislation
AmendsGender Recognition Act 2004
History of passage through Parliament

Background Edit

In July 2002, the European Court of Human Rights ruled in the Goodwin v United Kingdom case that a trans person's inability to change the sex on their birth certificate was a breach of their rights under Article 8 (privacy) and Article 12 (marriage) of the European Convention on Human Rights. Following this judgement, the UK government had to introduce new legislation to comply, which became law as the Gender Recognition Act 2004 (GRA). To obtain a gender recognition certificate (GRC) under the GRA, an applicant must a) provide evidence of a diagnosis of gender dysphoria; b) have lived in their "acquired gender" for two years; and c) make a statutory declaration that they intend to live in the acquired gender until death.[4]

In a June 2020 report, the European Commission classified the legal procedures for gender recognition of 28 European countries into five categories based on the barriers to access. This placed the UK's Gender Recognition Act 2004 in the second from bottom category with "intrusive medical requirements" that lag behind international human rights standards.[5] The procedures have also been described as costly, bureaucratic, and time-consuming for trans people, with successful applicants having to wait two years until they can change their legal gender.[6]

The issue of gender recognition is devolved in Scotland, which allows the Scottish parliament, if it wishes, to legislate for a different policy from that of England and Wales.[4] In 2004, the Scottish Parliament passed a motion to consent to Westminster's GRA, so that a uniform system of gender recognition would be in place throughout the UK.[7] A 2018 consultation in England and Wales found that a majority of the over 100,000 respondents were in favour of removing most of the requirements for a GRC; despite this, in 2020, the government in Westminster announced that it would not legislate to relax the requirements.[4] Separately, the Scottish government also consulted on reforming the law: an initial consultation on the principles of the bill which took place between November 2017 and March 2018 found a majority of the 15,500 respondents in favour of the bill;[8] and the second consultation on a draft bill, taking place between November 2019 and March 2020, also found majority support.[9][10]

Legislative process Edit

Draft stage Edit

The Scottish National Party (SNP) committed to "review and reform gender recognition law, so it's in line with international best practice for people who are Transgender" in their manifesto for the 2016 Scottish Parliament election, which they won.[11][12] After the consultations ended, the Scottish government intended to introduce the bill to Parliament in 2020, but was forced by the COVID-19 pandemic in Scotland to delay consideration until after the 2021 Scottish Parliament election.[13][14]

The 2021 election saw the SNP returned to government, this time in a coalition with the Scottish Greens rather than as a minority government; both parties featured the bill in their manifestos. The Bute House Agreement between the two parties committed to introducing a Gender Recognition Reform Bill before the end of May 2022.[14][15][8]

Stage 1 Edit

The bill was introduced on 2 March 2022, by Shona Robison, the Cabinet Secretary for Social Justice, Housing and Local Government. The bill lowers the age people can change their legal gender from 18 to 16, removes the requirement of a medical diagnosis of gender dysphoria, and reduces the waiting time from two years to six months of living in an acquired gender.[16] Also issued on the same day were a delegated powers memorandum,[17] financial memorandum,[18] policy memorandum,[19] and statement of legislative competence.[20]

The bill was subject to a mandatory consultation–its third–by the Scottish Parliament's Equalities, Human Rights and Civil Justice Committee. This committee was designated as the lead committee and ran thirteen evidence sessions.[21][22] The Delegated Powers and Law Reform Committee of the Scottish Parliament, issued a report to the Equalities, Human Rights and Civil Justice Committee, on 16 May 2022, regarding the delegated powers memorandum for the bill, which reported they were content with the delegated powers provisions contained within the bill.[23] The Finance and Public Administration Committee held a consultation on the financial memorandum, which received six responses, all of which were forwarded to the Equalities, Human Rights and Civil Justice Committee. The committee took no action based on the results of its consultation and recommended no changes to the financial memorandum.[24]

The Stage 1 report, from the Equalities, Human Rights and Civil Justice Committee, recommended that the general principles be approved.[25]

Stage 1 vote Edit

The bill was voted on by the full parliament on 27 October 2022 and passed by a majority of 88 to 33, with 4 abstentions and 4 members not voting.[26][27]

Gender Recognition Reform (Scotland) Bill – Stage 1
Party Votes for Votes against Abstained Did Not Vote
Conservative
Labour
Liberal Democrats
SNP
Scottish Green
No Party Affiliation (Presiding Officer)
Total 88 33 4 4

Stage 2 Edit

A number of amendments were proposed made to the bill at Stage 2,[28][29] the majority of which were not passed.[30] The Finance and Public Administration Committee published an updated financial memorandum on 7 December 2022 on the bill and noted the updates at its meeting on 13 December 2022.[31][24]

Stage 3 Edit

The bill was heard at Stage 3 on 20–21 December 2022 for amendments to the bill. The final debate and vote was held on 22 December 2022.[32]

Equalities, Human Rights and Civil Justice Committee Edit

On 19 December 2022, the day before the Stage 3 debate began, the Equalities, Human Rights and Civil Justice Committee held an evidence session on the bill.[33][34][35] They heard from two United Nations representatives, Victor Madrigal-Borloz, an expert on gender identity and United Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity, and Reem Alsalem, United Nations Special Rapporteur on Violence Against Women.[36][37] Madrigal-Borloz described the Scottish bill as a "significant step forward", while Alsalem said it "would potentially open the door for violent males who identify as men to abuse the process of acquiring a gender certificate and the rights that are associated with it", a view that was disputed by Madrigal-Borloz, who said it would bring Scotland in line with international human right standards.[38]

Stage 3 vote Edit

The bill was voted on by the full parliament on 22 December 2022 and passed by a majority of 86 to 39, with 0 abstentions and 4 members not voting.[39] The announcement of the result was accompanied by cheers from supporters in the chamber, and shouts of "shame on you" from protesters in the public gallery.[40]

Gender Recognition Reform (Scotland) Bill – Stage 3
Party Votes for Votes against Abstained Did Not Vote
Conservative
Labour
Liberal Democrats
SNP
Scottish Green
No Party Affiliation (Presiding Officer)
Total 86 39 0 4

Veto by UK Government Edit

The Gender Recognition Reform (Scotland) Bill (Prohibition on Submission for Royal Assent) Order 2023
Statutory Instrument
 
Citation2023 No. 41
Introduced byAlister Jack, Secretary of State for Scotland
Dates
Made17 January 2023
Laid before Parliament17 January 2023
Commencement18 January 2023
Other legislation
Made underScotland Act 1998
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted

On 16 January 2023, Scotland Secretary Alister Jack announced that he would make an order under section 35 of the Scotland Act 1998, which would prevent the bill from proceeding to royal assent. Jack cited concerns that the bill would adversely impact the UK-wide Equality Act 2010 as the reason for the tabling of the motion before the Westminster Parliament; equal opportunities are a reserved matter under the Scotland Act.[41][42][43] The order using the negative procedure was made on 17 January 2023 and entered into force on the next day. The negative procedure means that the order is in force unless either house of Parliament votes to disagree with the order within 40 days. The final day to vote a disagreement was 27 February 2023.[44] This was the first time royal assent was not granted to a bill passed by the Scottish Parliament since its creation in 1999.[45] As similar powers regarding the Senedd and Northern Ireland Assembly have never been used, this is the first post-legislative veto of a bill since Queen Anne refused assent to the Scottish Militia Bill in 1708.[46][original research] On 17 January 2023, Jack made a formal statement to the House of Commons that he was using section 35 of the Scotland Act and set out his reasons for doing so.[47] On 18 January the statement of Jack that was made in the Commons was presented and debated in the House of Lords.[48]

On 17 January 2023, Stephen Flynn the SNP leader at Westminster requested and was granted an emergency debate on the use of the Section 35 order. The debate was on the question "This House has considered the Government’s decision to use section 35 of the Scotland Act 1998 with regard to the Gender Recognition Reform (Scotland) Bill."[49] The debate lasted for two hours and the house voted 318 to 71 in favour of the UK government position that the house had considered the matter.[50]

Section 35 of the Scotland Act – Use of Powers Considered[51]
Party Votes for Votes against Did Not Vote
Alba
Alliance
Conservative
313 (+2 tellers)
DUP
Green
Labour
183
Liberal Democrats
Plaid Cymru
SNP
SDLP
Independent
Speaker and deputies
Total 318 (+2 tellers) 71 (+2 tellers) 249
Seats not taken
Sinn Féin
Seats vacant
Vacant

On 24 January 2023, Flynn tabled a Prayer against the section 35 Order which was worded as follows: “That a humble Address be presented to His Majesty, praying that The Gender Recognition Reform (Scotland) Bill (Prohibition on Submission for Royal Assent) Order 2023, dated 17 January 2023, a copy of which was laid before this House on 17 January 2023, be annulled”.[52][53]

Judicial process Edit

Judicial review Edit

On 12 April 2023, Cabinet Secretary for Social Justice in the devolved Scottish government, Shirley-Anne Somerville, announced the intention to launch a request for a judicial review of the UK government's use of Section 35 of the Scotland Act 1998 against the bill.[54][55] The hearing of the court case began on 19 September 2023 at the Court of Session in Edinburgh[56] and was completed on 20 September 2023. The judge’s ruling was expected to be made several weeks later.[57]

Opinion on the bill Edit

Support Edit

The bill was supported by feminist, LGBT, and human rights campaign organisations such as Amnesty International, Stonewall, Rape Crisis Scotland, Equality Network, Engender, Scottish Trans Alliance, and Scottish Women's Aid.[58][25] The vast majority of SNP and Scottish Labour parliamentarians, as well as all Scottish Green and Scottish Liberal Democrat MSPs supported the bill,[59] as did three of the Scottish Conservative members.[60]

The bill is similar to the one adopted in the Republic of Ireland. In Northern Ireland, the bill was supported by Sinn Féin, the Alliance Party, and the Social Democratic and Labour Party, whose politicians and MPs raised the possibility of adopting a similar bill.[60]

Opposition Edit

The bill was opposed by the Scottish Conservatives,[61] the LGB Alliance, For Women Scotland, Fair Play for Women,[62] and the Catholic Bishops' Conference of Scotland.[63][64] Nine SNP members voted against the bill at stage 3,[65] which was reported in Euronews as "the biggest rebellion against the government by its own party in the last 15 years".[66] The Minister for Community Safety, the SNP's Ash Regan, resigned before the Stage 2 vote, saying she was concerned the bill could have "negative implications for the safety and dignity of women and girls".[67]

Opinion polls Edit

A January 2022 poll commissioned for the BBC, conducted by Savanta ComRes, found 57% of Scots supported making it easier to obtain a Gender Recognition Certificate; a majority opposed reducing the age for this from 18 to 16. The same poll found that over 40% of people supported self-identification, compared to 37% against it.[68]

A 2023 YouGov poll commissioned by The Times found that two thirds of Scottish voters opposed key aspects of the bill, particularly those relating the lowering of the minimum age for applying for a GRC.[69]

Soon after the passage of the bill, academic commentary began to moot the possibility of an invocation of section 35 of the Scotland Act 1998 to block the bill. On 21 December 2022, Dr Michael Foran, a lecturer in public law at the University of Glasgow, floated the idea that the bill could be blocked as it infringed on the operation of reserved matters.[70][71] On 23 December 2022, Prime Minister Rishi Sunak said that it would be "completely reasonable" for the United Kingdom government to block the bill, citing concerns for "women and children's safety".[72][73] On 16 January 2023, in response to continued reports that the government was planning to block the bill, Scotland's first minister Nicola Sturgeon called the prospect an "outrage", and stated the UK government was using transgender people as a "political weapon".[74] Following Jack's announcement in the House of Commons of the UK that the bill would be blocked, Sturgeon said that the dispute would "inevitably end up in court" and that the Scottish government would "vigorously defend" the bill.[75]

Kemi Badenoch, the minister for women and equalities, suggested that gender recognition certificates and associated government documents would no longer be recognised in England and Wales if they were from places "where there is a clear indication that the country now no longer has a system at least as rigorous as those in the Gender Recognition Act 2004." On 17 January 2023, the Westminster government released a policy statement on their decision to invoke Section 35. In the statement they set out three primary reasons why they believed the Scottish bill impinged upon reserved matters: firstly, a potential impact on provision of single-sex services authorised under the Equality Act 2010 as a result of creating "two parallel and very different regimes" for issuing gender recognition certificates; secondly, a potential increased risk of fraudulent applications; thirdly, potential impacts on the operation of the Equality Act 2010.[76][77]

Alister Jack and Kemi Badenoch were invited by the Scottish Parliament's Equalities, Human Rights and Civil Justice Committee to give evidence about their decision to block the bill; both declined to attend.[78][79]

Lord Hope of Craighead, formerly deputy president of the UK Supreme Court defended the legality of the UK government's decision and said that the possibility of success of a legal challenge against the decision by the Scottish Government was "very low".[80] Former Labour shadow attorney general Baroness Chakrabarti, also defended the legality of the government's decision.[81][better source needed] Former Labour Lord Chancellor Lord Falconer of Thoroton has tweeted that the UK government's reasons are not justified.[82]

Nancy Kelley, the chief executive of Stonewall, and Colin Macfarlane, the LGBTQ+ rights campaign's Scotland director, said by reference to Section 28, the legislation that had prohibited the "promotion of homosexuality" by local authorities, Sunak was risking "re-toxifying" his government's record on LGBTQ+ rights and introducing "an effective trans travel ban". Kelley and Macfarlane were quoted as saying "the UK government sees trans people as a threat to be contained, not citizens to be respected." A Cabinet Office spokesperson responded by saying that trans people "have not and will not be banned" from entering the UK.[83] LGBTIQ activists criticised the Labour Party and Keir Starmer for not opposing the governing Conservative Party in blocking the bill in the UK. Some British unionists have said that these events have increased support for Scottish independence and Irish reunification.[60]

See also Edit

References Edit

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gender, recognition, reform, scotland, bill, bill, passed, scottish, parliament, bill, seeks, amend, gender, recognition, 2004, parliament, united, kingdom, making, simpler, people, change, their, legal, gender, january, 2023, united, kingdom, government, used. The Gender Recognition Reform Scotland Bill is a bill passed by the Scottish Parliament The bill seeks to amend the Gender Recognition Act 2004 of the Parliament of the United Kingdom making it simpler for people to change their legal gender 2 On 17 January 2023 the United Kingdom government used section 35 of the Scotland Act 1998 to block the bill from receiving royal assent the first time section 35 has been used 3 Gender Recognition Reform Scotland BillScottish ParliamentLong titleAn Act of the Scottish Parliament to reform the grounds and procedure for obtaining gender recognition and for connected purposes Introduced byShona Robison 1 Other legislationAmendsGender Recognition Act 2004History of passage through Parliament Contents 1 Background 2 Legislative process 2 1 Draft stage 2 2 Stage 1 2 2 1 Stage 1 vote 2 3 Stage 2 2 4 Stage 3 2 4 1 Equalities Human Rights and Civil Justice Committee 2 4 2 Stage 3 vote 2 5 Veto by UK Government 3 Judicial process 3 1 Judicial review 4 Opinion on the bill 4 1 Support 4 2 Opposition 5 Opinion polls 6 See also 7 ReferencesBackground EditSee also Goodwin v United Kingdom and Gender Recognition Act 2004 In July 2002 the European Court of Human Rights ruled in the Goodwin v United Kingdom case that a trans person s inability to change the sex on their birth certificate was a breach of their rights under Article 8 privacy and Article 12 marriage of the European Convention on Human Rights Following this judgement the UK government had to introduce new legislation to comply which became law as the Gender Recognition Act 2004 GRA To obtain a gender recognition certificate GRC under the GRA an applicant must a provide evidence of a diagnosis of gender dysphoria b have lived in their acquired gender for two years and c make a statutory declaration that they intend to live in the acquired gender until death 4 In a June 2020 report the European Commission classified the legal procedures for gender recognition of 28 European countries into five categories based on the barriers to access This placed the UK s Gender Recognition Act 2004 in the second from bottom category with intrusive medical requirements that lag behind international human rights standards 5 The procedures have also been described as costly bureaucratic and time consuming for trans people with successful applicants having to wait two years until they can change their legal gender 6 The issue of gender recognition is devolved in Scotland which allows the Scottish parliament if it wishes to legislate for a different policy from that of England and Wales 4 In 2004 the Scottish Parliament passed a motion to consent to Westminster s GRA so that a uniform system of gender recognition would be in place throughout the UK 7 A 2018 consultation in England and Wales found that a majority of the over 100 000 respondents were in favour of removing most of the requirements for a GRC despite this in 2020 the government in Westminster announced that it would not legislate to relax the requirements 4 Separately the Scottish government also consulted on reforming the law an initial consultation on the principles of the bill which took place between November 2017 and March 2018 found a majority of the 15 500 respondents in favour of the bill 8 and the second consultation on a draft bill taking place between November 2019 and March 2020 also found majority support 9 10 Legislative process EditDraft stage Edit The Scottish National Party SNP committed to review and reform gender recognition law so it s in line with international best practice for people who are Transgender in their manifesto for the 2016 Scottish Parliament election which they won 11 12 After the consultations ended the Scottish government intended to introduce the bill to Parliament in 2020 but was forced by the COVID 19 pandemic in Scotland to delay consideration until after the 2021 Scottish Parliament election 13 14 The 2021 election saw the SNP returned to government this time in a coalition with the Scottish Greens rather than as a minority government both parties featured the bill in their manifestos The Bute House Agreement between the two parties committed to introducing a Gender Recognition Reform Bill before the end of May 2022 14 15 8 Stage 1 Edit The bill was introduced on 2 March 2022 by Shona Robison the Cabinet Secretary for Social Justice Housing and Local Government The bill lowers the age people can change their legal gender from 18 to 16 removes the requirement of a medical diagnosis of gender dysphoria and reduces the waiting time from two years to six months of living in an acquired gender 16 Also issued on the same day were a delegated powers memorandum 17 financial memorandum 18 policy memorandum 19 and statement of legislative competence 20 The bill was subject to a mandatory consultation its third by the Scottish Parliament s Equalities Human Rights and Civil Justice Committee This committee was designated as the lead committee and ran thirteen evidence sessions 21 22 The Delegated Powers and Law Reform Committee of the Scottish Parliament issued a report to the Equalities Human Rights and Civil Justice Committee on 16 May 2022 regarding the delegated powers memorandum for the bill which reported they were content with the delegated powers provisions contained within the bill 23 The Finance and Public Administration Committee held a consultation on the financial memorandum which received six responses all of which were forwarded to the Equalities Human Rights and Civil Justice Committee The committee took no action based on the results of its consultation and recommended no changes to the financial memorandum 24 The Stage 1 report from the Equalities Human Rights and Civil Justice Committee recommended that the general principles be approved 25 Stage 1 vote Edit The bill was voted on by the full parliament on 27 October 2022 and passed by a majority of 88 to 33 with 4 abstentions and 4 members not voting 26 27 Gender Recognition Reform Scotland Bill Stage 1 Party Votes for Votes against Abstained Did Not VoteConservative 2 Sandesh GulhaneJamie Greene 26 Alexander BurnettAlexander StewartAnnie WellsBrian WhittleCraig HoyDonald CameronDouglas LumsdenDouglas RossEdward MountainFinlay CarsonGraham SimpsonJamie Halcro JohnstonJeremy BalfourLiam KerrLiz SmithMaurice GoldenMurdo FraserOliver MundellPam GosalRachael HamiltonRoz McCallRussell FindlaySharon DoweyStephen KerrSue WebberTess White 2 Jackson CarlawMiles Briggs 1 Meghan GallacherLabour 21 Anas SarwarCarol MochanClaire BakerColin SmythDaniel JohnsonFoysol ChoudhuryJackie BaillieKaty ClarkMark GriffinMartin WhitfieldMercedes VillalbaMichael MarraMonica LennonNeil BibbyPam Duncan GlancyPaul O KanePaul SweeneyPauline McNeillRhoda GrantRichard LeonardSarah Boyack 1 Alex RowleyLiberal Democrats 4 Alex Cole HamiltonBeatrice WishartLiam McArthurWillie Rennie SNP 54 Alasdair AllanAngela ConstanceAngus RobertsonAudrey NicollBen MacphersonBill KiddBob DorisChristina McKelvieChristine GrahameClare AdamsonClare HaugheyColin BeattieCollette StevensonDavid TorranceElena WhithamEmma HarperEmma RoddickEvelyn TweedFiona HyslopFulton MacGregorGeorge AdamGillian MartinGordon MacDonaldGraeme DeyHumza YousafIvan McKeeJackie DunbarJames DornanJamie HepburnJenni MintoJenny GilruthJoe FitzPatrickJohn SwinneyKaren AdamKaukab StewartKeith BrownKevin StewartMairi GougeonMairi McAllanMaree ToddMarie McNairMichael MathesonNatalie DonNeil GrayNicola SturgeonPaul McLennanRichard LochheadRona MackayShirley Anne SomervilleShona RobisonSiobhian BrownStuart McMillanTom ArthurWillie Coffey 7 Ash ReganFergus EwingJohn MasonKenneth GibsonMichelle ThomsonRuth MaguireStephanie Callaghan 2 Annabelle EwingJim Fairlie 1 Kate ForbesScottish Green 7 Ariane BurgessGillian MackayLorna SlaterMaggie ChapmanMark RuskellPatrick HarvieRoss Greer No Party Affiliation Presiding Officer 1 Alison JohnstoneTotal 88 33 4 4Stage 2 Edit A number of amendments were proposed made to the bill at Stage 2 28 29 the majority of which were not passed 30 The Finance and Public Administration Committee published an updated financial memorandum on 7 December 2022 on the bill and noted the updates at its meeting on 13 December 2022 31 24 Stage 3 Edit The bill was heard at Stage 3 on 20 21 December 2022 for amendments to the bill The final debate and vote was held on 22 December 2022 32 Equalities Human Rights and Civil Justice Committee Edit On 19 December 2022 the day before the Stage 3 debate began the Equalities Human Rights and Civil Justice Committee held an evidence session on the bill 33 34 35 They heard from two United Nations representatives Victor Madrigal Borloz an expert on gender identity and United Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity and Reem Alsalem United Nations Special Rapporteur on Violence Against Women 36 37 Madrigal Borloz described the Scottish bill as a significant step forward while Alsalem said it would potentially open the door for violent males who identify as men to abuse the process of acquiring a gender certificate and the rights that are associated with it a view that was disputed by Madrigal Borloz who said it would bring Scotland in line with international human right standards 38 Stage 3 vote Edit The bill was voted on by the full parliament on 22 December 2022 and passed by a majority of 86 to 39 with 0 abstentions and 4 members not voting 39 The announcement of the result was accompanied by cheers from supporters in the chamber and shouts of shame on you from protesters in the public gallery 40 Gender Recognition Reform Scotland Bill Stage 3 Party Votes for Votes against Abstained Did Not VoteConservative 3 Jackson CarlawJamie GreeneSandesh Gulhane 28 Alexander BurnettAlexander StewartAnnie WellsBrian WhittleCraig HoyDonald CameronDouglas LumsdenDouglas RossEdward MountainFinlay CarsonGraham SimpsonJamie Halcro JohnstonJeremy BalfourLiam KerrLiz SmithMaurice GoldenMeghan GallacherMiles BriggsMurdo FraserOliver MundellPam GosalRachael HamiltonRoz McCallRussell FindlaySharon DoweyStephen KerrSue WebberTess White Labour 18 Alex RowleyAnas SarwarColin SmythDaniel JohnsonFoysol ChoudhuryJackie BaillieKaty ClarkMark GriffinMartin WhitfieldMercedes VillalbaMonica LennonNeil BibbyPam Duncan GlancyPaul O KanePaul SweeneyRhoda GrantRichard LeonardSarah Boyack 2 Carol MochanClaire Baker 2 Michael MarraPauline McNeillLiberal Democrats 4 Alex Cole HamiltonBeatrice WishartLiam McArthurWillie Rennie SNP 54 Alasdair AllanAngela ConstanceAngus RobertsonAudrey NicollBen MacphersonBill KiddBob DorisChristina McKelvieChristine GrahameClare AdamsonClare HaugheyColin BeattieCollette StevensonDavid TorranceElena WhithamEmma HarperEmma RoddickEvelyn TweedFiona HyslopFulton MacGregorGeorge AdamGillian MartinGordon MacDonaldGraeme DeyHumza YousafIvan McKeeJackie DunbarJames DornanJamie HepburnJenni MintoJenny GilruthJoe FitzPatrickJohn SwinneyKaren AdamKaukab StewartKeith BrownKevin StewartMairi GougeonMairi McAllanMaree ToddMarie McNairMichael MathesonNatalie DonNeil GrayNicola SturgeonPaul McLennanRichard LochheadRona MackayShirley Anne SomervilleShona RobisonSiobhian BrownStuart McMillanTom ArthurWillie Coffey 9 Annabelle EwingAsh ReganFergus EwingJim FairlieJohn MasonKenneth GibsonMichelle ThomsonRuth MaguireStephanie Callaghan 1 Kate ForbesScottish Green 7 Ariane BurgessGillian MackayLorna SlaterMaggie ChapmanMark RuskellPatrick HarvieRoss Greer No Party Affiliation Presiding Officer 1 Alison JohnstoneTotal 86 39 0 4Veto by UK Government Edit The Gender Recognition Reform Scotland Bill Prohibition on Submission for Royal Assent Order 2023Statutory Instrument nbsp Citation2023 No 41Introduced byAlister Jack Secretary of State for ScotlandDatesMade17 January 2023Laid before Parliament17 January 2023Commencement18 January 2023Other legislationMade underScotland Act 1998Status Current legislationHistory of passage through ParliamentText of statute as originally enactedOn 16 January 2023 Scotland Secretary Alister Jack announced that he would make an order under section 35 of the Scotland Act 1998 which would prevent the bill from proceeding to royal assent Jack cited concerns that the bill would adversely impact the UK wide Equality Act 2010 as the reason for the tabling of the motion before the Westminster Parliament equal opportunities are a reserved matter under the Scotland Act 41 42 43 The order using the negative procedure was made on 17 January 2023 and entered into force on the next day The negative procedure means that the order is in force unless either house of Parliament votes to disagree with the order within 40 days The final day to vote a disagreement was 27 February 2023 44 This was the first time royal assent was not granted to a bill passed by the Scottish Parliament since its creation in 1999 45 As similar powers regarding the Senedd and Northern Ireland Assembly have never been used this is the first post legislative veto of a bill since Queen Anne refused assent to the Scottish Militia Bill in 1708 46 original research On 17 January 2023 Jack made a formal statement to the House of Commons that he was using section 35 of the Scotland Act and set out his reasons for doing so 47 On 18 January the statement of Jack that was made in the Commons was presented and debated in the House of Lords 48 On 17 January 2023 Stephen Flynn the SNP leader at Westminster requested and was granted an emergency debate on the use of the Section 35 order The debate was on the question This House has considered the Government s decision to use section 35 of the Scotland Act 1998 with regard to the Gender Recognition Reform Scotland Bill 49 The debate lasted for two hours and the house voted 318 to 71 in favour of the UK government position that the house had considered the matter 50 Section 35 of the Scotland Act Use of Powers Considered 51 Party Votes for Votes against Did Not VoteAlba 1 Neale Hanvey 1 Kenny MacAskillAlliance 1 Stephen Farry Conservative 313 2 tellers Aaron BellAdam AfriyieAdam HollowayAlberto CostaAlec ShelbrookeAlex BurghartAlex ChalkAlexander StaffordAlicia KearnsAlok SharmaAlun CairnsAmanda MillingAmanda SollowayAndrea LeadsomAndrew BowieAndrew GriffithAndrew JonesAndrew LewerAndrew MitchellAndrew MurrisonAndrew PercyAndrew SelousAndrew StephensonAndy CarterAngela RichardsonAnna FirthAnne Marie MorrisAnthony BrowneAnthony MangnallAntony HigginbothamBen BradleyBen EverittBen SpencerBernard JenkinBill WigginBim AfolamiBob BlackmanBrandon LewisBrendan Clarke SmithCaroline AnsellCaroline DinenageCaroline JohnsonCharles WalkerCherilyn MackroryChloe SmithChris ClarksonChris GreenChris LoderChris PhilpChris SkidmoreChristopher ChopeClaire CoutinhoConor BurnsCraig MackinlayCraig TraceyCraig WhittakerCraig WilliamsCrispin BluntDamian CollinsDamian GreenDamian HindsDamien MooreDan PoulterDaniel KawczynskiDanny KrugerDarren HenryDavid DavisDavid DuguidDavid EvennettDavid JohnstonDavid JonesDavid MorrisDavid MundellDavid T C DaviesDean RussellDehenna DavisonDerek ThomasDesmond SwayneDominic RaabDouglas RossDuncan BakerEddie HughesEdward ArgarEdward TimpsonElizabeth TrussEsther McVeyFay JonesFelicity BuchanFiona BruceFlick DrummondGagan MohindraGareth BaconGareth DaviesGareth JohnsonGary SambrookGary StreeterGavin WilliamsonGeoffrey Clifton BrownGeoffrey CoxGeorge EusticeGeorge FreemanGiles WatlingGillian KeeganGordon HendersonGraham BradyGraham StuartGrant ShappsGreg ClarkGreg HandsGreg KnightGreg SmithGuy OppermanHarriett BaldwinHeather WheelerHelen GrantHelen WhatelyHenry SmithHolly Mumby CroftHuw MerrimanIain Duncan SmithIain StewartIan Liddell GraingerJack BreretonJack LoprestiJackie Doyle PriceJacob Rees MoggJacob YoungJake BerryJames CartlidgeJames DalyJames DaviesJames DuddridgeJames GrayJames GrundyJames HeappeyJames MorrisJames SunderlandJames WildJane HuntJane StevensonJason McCartneyJeremy QuinJeremy WrightJerome MayhewJesse NormanJill MortimerJo ChurchillJo GideonJohn BaronJohn GlenJohn HayesJohn HowellJohn LamontJohn PenroseJohn RedwoodJohn StevensonJohn WhittingdaleJohnny MercerJonathan DjanoglyJonathan GullisJonathan LordJulia LopezJulian LewisJulian SmithJulian SturdyJulie MarsonJustin TomlinsonKarl McCartneyKate KnivetonKatherine FletcherKelly TolhurstKevin FosterKevin HollinrakeKieran MullanKwasi KwartengLaura FarrisLaura TrottLaurence RobertsonLee AndersonLee RowleyLeo DochertyLia NiciLiam FoxLouie FrenchLucy AllanLucy FrazerLuke EvansLuke HallMaggie ThroupMarco LonghiMarcus FyshMarcus JonesMaria CaulfieldMark EastwoodMark FletcherMark FrancoisMark GarnierMark HarperMark JenkinsonMark LoganMark PawseyMark PritchardMark SpencerMartin VickersMary RobinsonMatt VickersMatt WarmanMatthew OffordMichael EllisMichael FabricantMichael GoveMichael TomlinsonMichelle DonelanMike FreerMike PenningMike Wood Teller Mims DaviesMiriam CatesNadhim ZahawiNatalie ElphickeNeil HudsonNeil O BrienNick FletcherNick GibbNickie AikenNigel AdamsNigel HuddlestonNigel MillsNusrat GhaniOliver DowdenPaul BeresfordPaul BristowPaul HolmesPaul HowellPaul MaynardPaul ScullyPauline LathamPenny MordauntPeter AldousPeter BonePeter BottomleyPeter GibsonPhilip DaviesPhilip DunnePhilip HollobonePriti PatelRachel MacleanRanil JayawardenaRebecca HarrisRebecca PowRehman ChishtiRichard BaconRichard DraxRichard FullerRichard GrahamRichard HoldenRob ButlerRobbie MooreRobert CourtsRobert HalfonRobert LarganRobert NeillRobert SymsRobin MillarRobin WalkerRoyston SmithRuth EdwardsSajid JavidSally Ann HartSaqib BhattiSara BritcliffeSarah AthertonSarah DinesScott BentonScott MannSelaine SaxbyShaun BaileySheryll MurraySimon BaynesSimon ClarkeSimon FellSimon HartSimon JuppSiobhan BaillieStephen HammondStephen McPartlandStephen MetcalfeSteve BakerSteve BarclaySteve BrineSteve DoubleStuart Anderson Teller Stuart AndrewSuzanne WebbTheo ClarkeTheresa VilliersTherese CoffeyTim LoughtonTobias EllwoodTom HuntTom PursgloveTom RandallTom TugendhatTracey CrouchTrudy HarrisonVicky FordVictoria AtkinsVictoria PrentisVirginia CrosbieWendy MortonWill QuinceWilliam CashWilliam Wragg 40 Alan MakAlister JackAndrea JenkynsAndrew RosindellAnne Marie TrevelyanBen WallaceBob SeelyBob StewartBoris JohnsonCaroline NokesChris GraylingChris Heaton HarrisDavid RutleyDavid SimmondsEdward LeighElliot ColburnIan LevyJames CleverlyJamie WallisJeremy HuntJoy MorrisseyKaren BradleyKemi BadenochKit MalthouseMaria MillerMark MenziesMel StrideNadine DorriesNicola RichardsOliver HealdRishi SunakRobert BucklandRobert GoodwillRobert JenrickRoger GaleShailesh VaraSimon HoareStephen CrabbSuella BravermanTheresa MayDUP 6 Gavin RobinsonGregory CampbellJeffrey DonaldsonJim ShannonPaul GirvanSammy Wilson 2 Carla LockhartIan Paisley JrGreen 1 Caroline Lucas Labour 11 Bell Ribeiro AddyBen BradshawBeth WinterCharlotte NicholsJohn McDonnellKate OsborneLloyd Russell MoyleNadia WhittomeOlivia BlakeRichard BurgonZarah Sultana 183 Abena Oppong AsareAfzal KhanAlan CampbellAlan WhiteheadAlex CunninghamAlex Davies JonesAlex NorrisAlex SobelAlison McGovernAndrew GwynneAndrew WesternAndy McDonaldAndy SlaughterAngela EagleAngela RaynerAnna McMorrinAnneliese DoddsApsana BegumBambos CharalambousBarbara KeeleyBarry GardinerBarry SheermanBill EstersonBridget PhillipsonCarolyn HarrisCat SmithCatherine McKinnellCatherine WestChi OnwurahChris BryantChris ElmoreChris EvansChristian WakefordClive BettsClive EffordClive LewisColleen FletcherDan CardenDan JarvisDaniel ZeichnerDarren JonesDavid LammyDawn ButlerDebbie AbrahamsDerek TwiggDiana JohnsonDiane AbbottEdward MilibandEllie ReevesEmily ThornberryEmma HardyEmma Lewell BuckFabian HamiltonFeryal ClarkFleur AndersonFlorence EshalomiGareth ThomasGeorge HowarthGeraint DaviesGerald JonesGill FurnissGraham StringerGrahame MorrisHarriet HarmanHelen HayesHilary BennHolly LynchIan ByrneIan LaveryIan MearnsIan MurrayImran HussainJames MurrayJanet DabyJeff SmithJess PhillipsJessica MordenJim McMahonJo StevensJohn CryerJohn HealeyJohn SpellarJon CruddasJon TrickettJonathan AshworthJonathan ReynoldsJudith CumminsJulie ElliottJustin MaddersKaren BuckKarin SmythKarl TurnerKate HollernKate OsamorKeir StarmerKerry McCarthyKevan JonesKevin BrennanKhalid MahmoodKim JohnsonKim LeadbeaterLiam ByrneLilian GreenwoodLisa NandyLiz KendallLiz TwistLouise HaighLucy PowellLuke PollardLyn BrownMargaret BeckettMargaret GreenwoodMargaret HodgeMaria EagleMarie RimmerMark HendrickMark TamiMarsha De CordovaMary GlindonMary Kelly FoyMatt RoddaMatt WesternMatthew PennycookMeg HillierMick WhitleyMike AmesburyMike KaneMohammad YasinNavendu MishraNaz ShahNia GriffithNick SmithNick Thomas SymondsPat McFaddenPaul BlomfieldPaula BarkerPaulette HamiltonPeter DowdPeter KylePreet Kaur GillRachael MaskellRachel HopkinsRachel ReevesRebecca Long BaileyRosena Allin KhanRosie DuffieldRushanara AliRuth CadburyRuth JonesSam TarrySamantha DixonSarah ChampionSarah JonesSarah OwenSeema MalhotraShabana MahmoodSharon HodgsonSimon LightwoodSiobhain McDonaghStella CreasyStephanie PeacockStephen DoughtyStephen KinnockStephen MorganStephen TimmsSteve McCabeSteve ReedTahir AliTaiwo OwatemiTanmanjeet Singh DhesiThangam DebbonaireToby PerkinsTonia AntoniazziTony LloydTulip SiddiqValerie VazVicky FoxcroftVirendra SharmaWayne DavidWes StreetingYasmin QureshiYvette CooperYvonne FovargueLiberal Democrats 11 Alistair CarmichaelChristine JardineDaisy CooperHelen MorganJamie StoneMunira WilsonRichard FoordSarah GreenSarah OlneyTim FarronWendy Chamberlain 3 Ed DaveyLayla MoranWera HobhousePlaid Cymru 2 Ben LakeLiz Saville Roberts 1 Hywel WilliamsSNP 42 2 tellers Alan BrownAlison ThewlissAllan DoransAlyn SmithAmy CallaghanAngela CrawleyAnne McLaughlinAnum QaisarBrendan O HaraCarol MonaghanChris LawChris StephensDave DooganDavid LindenDeidre BrockDouglas ChapmanDrew HendryGavin NewlandsHannah BardellIan BlackfordJohn McNallyJohn NicolsonKirsten OswaldKirsty BlackmanLisa CameronMarion FellowsMartin Docherty HughesMartyn DayMhairi BlackOwen ThompsonPatricia GibsonPatrick GradyPete WishartPeter Grant Teller Philippa WhitfordRonnie CowanStephen FlynnSteven Bonnar Teller Stewart HosieStewart McDonaldStuart C McDonaldTommy Sheppard 3 Angus Brendan MacNeilJoanna CherryRichard ThomsonSDLP 1 Colum Eastwood 1 Claire HannaIndependent 1 Rob Roberts 3 Claudia WebbeJonathan EdwardsMargaret Ferrier 11 Andrew BridgenChristina ReesChristopher PincherConor McGinnDavid WarburtonJeremy CorbynJulian KnightMatt HancockNeil CoyleNick BrownRupa HuqSpeaker and deputies 4 Lindsay Hoyle Speaker Eleanor LaingNigel EvansRosie WintertonTotal 318 2 tellers 71 2 tellers 249Seats not takenSinn Fein 7 Chris HazzardFrancie MolloyJohn FinucaneMichelle GildernewMickey Bradyorfhlaith BegleyPaul MaskeySeats vacantVacant 1 West LancashireOn 24 January 2023 Flynn tabled a Prayer against the section 35 Order which was worded as follows That a humble Address be presented to His Majesty praying that The Gender Recognition Reform Scotland Bill Prohibition on Submission for Royal Assent Order 2023 dated 17 January 2023 a copy of which was laid before this House on 17 January 2023 be annulled 52 53 Judicial process EditJudicial review Edit On 12 April 2023 Cabinet Secretary for Social Justice in the devolved Scottish government Shirley Anne Somerville announced the intention to launch a request for a judicial review of the UK government s use of Section 35 of the Scotland Act 1998 against the bill 54 55 The hearing of the court case began on 19 September 2023 at the Court of Session in Edinburgh 56 and was completed on 20 September 2023 The judge s ruling was expected to be made several weeks later 57 Opinion on the bill EditSupport Edit The bill was supported by feminist LGBT and human rights campaign organisations such as Amnesty International Stonewall Rape Crisis Scotland Equality Network Engender Scottish Trans Alliance and Scottish Women s Aid 58 25 The vast majority of SNP and Scottish Labour parliamentarians as well as all Scottish Green and Scottish Liberal Democrat MSPs supported the bill 59 as did three of the Scottish Conservative members 60 The bill is similar to the one adopted in the Republic of Ireland In Northern Ireland the bill was supported by Sinn Fein the Alliance Party and the Social Democratic and Labour Party whose politicians and MPs raised the possibility of adopting a similar bill 60 Opposition Edit The bill was opposed by the Scottish Conservatives 61 the LGB Alliance For Women Scotland Fair Play for Women 62 and the Catholic Bishops Conference of Scotland 63 64 Nine SNP members voted against the bill at stage 3 65 which was reported in Euronews as the biggest rebellion against the government by its own party in the last 15 years 66 The Minister for Community Safety the SNP s Ash Regan resigned before the Stage 2 vote saying she was concerned the bill could have negative implications for the safety and dignity of women and girls 67 Opinion polls EditA January 2022 poll commissioned for the BBC conducted by Savanta ComRes found 57 of Scots supported making it easier to obtain a Gender Recognition Certificate a majority opposed reducing the age for this from 18 to 16 The same poll found that over 40 of people supported self identification compared to 37 against it 68 A 2023 YouGov poll commissioned by The Times found that two thirds of Scottish voters opposed key aspects of the bill particularly those relating the lowering of the minimum age for applying for a GRC 69 Soon after the passage of the bill academic commentary began to moot the possibility of an invocation of section 35 of the Scotland Act 1998 to block the bill On 21 December 2022 Dr Michael Foran a lecturer in public law at the University of Glasgow floated the idea that the bill could be blocked as it infringed on the operation of reserved matters 70 71 On 23 December 2022 Prime Minister Rishi Sunak said that it would be completely reasonable for the United Kingdom government to block the bill citing concerns for women and children s safety 72 73 On 16 January 2023 in response to continued reports that the government was planning to block the bill Scotland s first minister Nicola Sturgeon called the prospect an outrage and stated the UK government was using transgender people as a political weapon 74 Following Jack s announcement in the House of Commons of the UK that the bill would be blocked Sturgeon said that the dispute would inevitably end up in court and that the Scottish government would vigorously defend the bill 75 Kemi Badenoch the minister for women and equalities suggested that gender recognition certificates and associated government documents would no longer be recognised in England and Wales if they were from places where there is a clear indication that the country now no longer has a system at least as rigorous as those in the Gender Recognition Act 2004 On 17 January 2023 the Westminster government released a policy statement on their decision to invoke Section 35 In the statement they set out three primary reasons why they believed the Scottish bill impinged upon reserved matters firstly a potential impact on provision of single sex services authorised under the Equality Act 2010 as a result of creating two parallel and very different regimes for issuing gender recognition certificates secondly a potential increased risk of fraudulent applications thirdly potential impacts on the operation of the Equality Act 2010 76 77 Alister Jack and Kemi Badenoch were invited by the Scottish Parliament s Equalities Human Rights and Civil Justice Committee to give evidence about their decision to block the bill both declined to attend 78 79 Lord Hope of Craighead formerly deputy president of the UK Supreme Court defended the legality of the UK government s decision and said that the possibility of success of a legal challenge against the decision by the Scottish Government was very low 80 Former Labour shadow attorney general Baroness Chakrabarti also defended the legality of the government s decision 81 better source needed Former Labour Lord Chancellor Lord Falconer of Thoroton has tweeted that the UK government s reasons are not justified 82 Nancy Kelley the chief executive of Stonewall and Colin Macfarlane the LGBTQ rights campaign s Scotland director said by reference to Section 28 the legislation that had prohibited the promotion of homosexuality by local authorities Sunak was risking re toxifying his government s record on LGBTQ rights and introducing an effective trans travel ban Kelley and Macfarlane were quoted as saying the UK government sees trans people as a threat to be contained not citizens to be respected A Cabinet Office spokesperson responded by saying that trans people have not and will not be banned from entering the UK 83 LGBTIQ activists criticised the Labour Party and Keir Starmer for not opposing the governing Conservative Party in blocking the bill in the UK Some British unionists have said that these events have increased support for Scottish independence and Irish reunification 60 See also Edit nbsp Wikimedia Commons has media related to Protests against the blocking of Gender Recognition Reform Scotland Bill History of transgender people in the United Kingdom Legal status of transgender people LGBT rights in Scotland LGBT rights in the United Kingdom Transgender rights in the United KingdomReferences Edit Gender Recognition Reform Scotland Bill Parliament Scot The Scottish Parliament 3 March 2022 Retrieved 14 December 2022 Gender Recognition Reform Scotland Bill consultation analysis The Scottish Government 10 March 2022 Retrieved 11 January 2022 Walker Peter 17 January 2023 UK government formally blocks Scotland s gender recognition law The Guardian Retrieved 17 January 2023 a b c Fairbairn Catherine Pyper Doug Balogun Bukky 17 February 2022 Gender Recognition Act reform Consultation and outcome PDF Commons Briefing Papers House of Commons Library 9079 Legal gender recognition in the EU the journeys of trans people towards full equality European Commission European Commission Retrieved 9 October 2020 Boothman John Allardyce Jason 19 December 2021 Ministers face public backlash over gender recognition reform plans The Sunday Times Retrieved 11 January 2022 Meeting of the Parliament Official Report Scottish Parliament 2 5 February 2004 5664 a b Policy LGBTI and gender recognition The Scottish Government Retrieved 3 November 2022 Gender Recognition Reform Scotland Bill A consultation Scottish Government 17 December 2019 Retrieved 16 December 2022 Gender Recognition Reform Scotland Bill consultation Scottish Government 17 December 2019 Retrieved 16 December 2022 Logan Caitlin GRA Bill Scotland Five trans people on what the legislation means to them The National Retrieved 3 November 2022 SNP Manifesto 2016 our action for LGBTI people SNP 2016 Retrieved 17 January 2023 Duffy Nick 21 December 2021 Move to system closer to self declaration for gender recognition MPs recommend i Retrieved 11 January 2022 a b Young Gregor 20 August 2021 SNP Green deal to bring in gender reform bill in first year of parliament thenational scot Retrieved 3 November 2022 Davidson Gina 7 September 2021 Nicola Sturgeon confirms gender recognition reform back on legislative agenda The Scotsman Retrieved 14 December 2022 Gender recognition reform bill tabled at Holyrood BBC 3 March 2022 Retrieved 3 November 2022 Gender Recognition Reform Scotland Bill Delegated Powers Memorandum PDF Scottish Parliament 2 March 2022 Retrieved 20 December 2022 Gender Recognition Reform Scotland Bill Policy Memorandum PDF Scottish Parliament 2 March 2022 Retrieved 20 December 2022 Gender Recognition Reform Scotland Bill Statements on Legislative Competence PDF Scottish Parliament 2 March 2022 Retrieved 20 December 2022 Gender Recognition Reform Scotland Bill Financial Memorandum PDF Parliament Scot 2 March 2022 Retrieved 20 December 2022 MSPs call for views on Gender Recognition Reform Bill Law Society of Scotland 22 March 2022 Retrieved 3 November 2022 Gender Recognition Reform Scotland Bill Parliament Scot Retrieved 3 November 2022 Delegated Powers and Law Reform Committee Gender Recognition Reform Scotland Bill Stage 1 PDF Parliament Scot Retrieved 20 December 2022 a b Gender Recognition Reform Scotland Bill Financial Memorandum Parliament Scot Retrieved 20 December 2022 a b Garton Crosbie Abbi 6 October 2022 Majority of Scottish Parliament committee backs principles of GRA reform The National Retrieved 3 November 2022 Brooks Libby 27 October 2022 SNP suffers biggest ever backbench revolt over transgender bill The Guardian Retrieved 3 November 2022 Chamber and committees Motion ref S6M 06459 Gender Recognition Reform Scotland Bill Scottish Parliament Retrieved 15 December 2022 Equalities Human Rights and Civil Justice Committee Draft Meeting date Tuesday 15 November 2022 15 November 2022 Retrieved 18 December 2022 Gender Recognition Reform Scotland Bill as amended at stage 2 PDF 22 November 2022 Retrieved 18 December 2022 Hunter Ross 22 November 2022 Gender reform bill moves on to final stage of Holyrood scrutiny The National Retrieved 4 December 2022 Gender Recognition Reform Scotland Bill Financial Memorandum PDF Parliament Scot Retrieved 20 December 2022 Gender Recognition Reform Scotland Bill Parliament Scot The Scottish Parliament 22 December 2022 Retrieved 14 December 2022 McCurdy Rebecca 28 November 2022 Nicola Sturgeon urged to pause gender reform plans following UN women s safety concerns The Scotsman Retrieved 11 December 2022 via MSN Women s and Human Rights organisations restate support for Gender Recognition Reform Bill Amnesty International UK Amnesty International 30 November 2022 Retrieved 11 December 2022 Hunter Ross 8 December 2022 Scottish Human Rights Commission combat gender reform concerns The National Retrieved 11 December 2022 UN expert on gender identity calls on Scottish Parliament to adopt Gender Recognition Reform Bill United Nations Human Rights Office of the High Commissioner 16 December 2022 Retrieved 16 December 2022 Equalities Human Rights and Civil Justice Committee Monday 19 December 2022 Scottish Parliament 19 December 2022 Retrieved 20 December 2022 UN chief backs Scottish government s gender recognition reforms BBC News 16 December 2022 Retrieved 17 January 2023 Meeting of the Parliament Hybrid Draft Meeting date Thursday December 22 2022 Scottish Parliament Retrieved 22 December 2022 Changing gender to be made easier in Scotland BBC News 23 December 2022 Retrieved 24 December 2022 UK government to block Scottish gender bill BBC News 16 January 2023 Retrieved 16 January 2023 UK government blocks Scotland s gender reform bill in constitutional first Sky News 16 January 2023 Retrieved 16 January 2023 Gender Recognition Reform Scotland Bill statement from Alister Jack GOV UK 16 January 2023 Retrieved 16 January 2023 The Gender Recognition Reform Scotland Bill Prohibition on Submission for Royal Assent Order 2023 legislation gov uk Retrieved 18 January 2023 Torrance David 16 January 2023 Section 35 of the Scotland Act and vetoing devolved legislation House of Commons Library 1689 1714 UK Parliament Scotland Act 1998 Section 35 Power hansard parliament uk 17 January 2023 Scotland Act 1998 Section 35 Power hansard parliament uk 18 January 2023 Gender Recognition Reform Scotland Bill Section 35 Power Application for emergency debate Standing Order No 24 hansard parliament uk 17 January 2023 Gender Recognition Reform Scotland Bill Section 35 Power Emergency debate Standing Order No 24 hansard parliament uk 17 January 2023 Standing Order No 24 debate section 35 of the Scotland Act UK Parliament 17 January 2023 Prayer against a Negative Statutory Instrument parliament uk Retrieved 30 January 2023 Garton Crosbie Abbi 25 January 2023 SNP use Commons prayer tactic in bid to STOP Section 35 order thenational scot Block on Scottish gender reforms to be challenged in court 12 April 2023 bbc co uk BBC Retrieved 12 April 2023 BGender reform bill Scottish and UK governments to enter legal battle News sky com Sky News Retrieved 12 April 2023 UK block on Scottish gender reforms unlawful court hears bbc co uk BBC 19 September 2023 Retrieved 20 September 2023 Hutchison Craig 20 September 2023 Gender Reform Bill Scottish government challenges block bbc co uk BBC Retrieved 28 September 2023 Horne Marc 31 May 2022 Feminist campaigners say trans and women s rights inter connected The Herald Retrieved 3 November 2022 Gender recognition reform bill tabled at Holyrood BBC News 3 March 2022 Retrieved 27 October 2022 a b c Ramsay Adam 17 January 2023 Can the UK survive Westminster s attack on trans rights openDemocracy Retrieved 17 January 2023 Gender recognition reform bill tabled at Holyrood BBC 3 March 2022 Retrieved 27 October 2022 Turnbull Dugarte Stuart McMillan Fraser 2022 Protect the women Trans exclusionary feminist issue framing and support for transgender rights Policy Studies Journal doi 10 1111 psj 12484 S2CID 253321413 Bishops highlight concerns over Gender Reform Bill Archdiocese of Edinburgh 19 December 2022 Retrieved 22 December 2022 Matchett Conor 19 December 2022 Catholic bishops urge MSPs to vote against Gender Bill as LGBT groups unite in support The Scotsman Retrieved 22 December 2022 McLaughlin Mark 23 December 2022 Nine Nationalists defy Nicola Sturgeon on gender reform in record revolt The Times Scotland gender recognition reform bill MPs approve law that makes it easier to change gender Euronews 23 December 2022 Morrison Hamish 27 October 2022 SNP minister QUITS in protest over transgender law reform bid The National Retrieved 27 October 2022 Richards Xander 17 February 2022 Scots support gender reform but reject some proposals the polling results in depth The National Retrieved 2 March 2022 Andrews Kieran Two thirds of voters oppose SNP s gender reform plans The Times ISSN 0140 0460 Retrieved 18 January 2023 Foran Michael 21 December 2022 Michael Foran Sex Gender and the Scotland Act UK Constitutional Law Association Retrieved 18 January 2023 Daisley Stephen 23 December 2022 Are Holyrood and Westminster heading for another Supreme Court showdown The Spectator Retrieved 18 January 2023 Walker Peter Stacey Kiran Brooks Libby 23 December 2022 Rishi Sunak confirms UK could block Scotland s gender recognition bill The Guardian Penna Dominic 22 December 2022 Rishi Sunak says Government could block Nicola Sturgeon s gender Bill The Daily Telegraph Retrieved 23 December 2022 Gender bill veto would be an outrage Sturgeon BBC News 16 January 2023 Retrieved 16 January 2023 Nicola Sturgeon says gender reform row will go to court BBC News 17 January 2023 Retrieved 17 January 2023 P Walker and L Brooks 17 January 2023 Court battle looms as UK ministers block Scottish gender recognition law theguardian com Guardian Retrieved 18 January 2023 The legal arguments over Holyrood s gender reforms bbc co uk BBC 17 January 2023 Retrieved 18 January 2023 R Hunter 19 January 2023 Absolute disgrace Alister Jack snubs Holyrood committee invite thenational scot The National Retrieved 23 January 2023 A Garton Crobie 23 January 2023 Kemi Badenoch declines invitation to Holyrood committee thenational scot The National Retrieved 23 January 2023 Government s s 35 order reasons prompt further argument Law Society of Scotland Retrieved 18 January 2023 Shami Chakrabarti offers unexpected backing for Rishi Sunak s plan to block Scottish gender recognition law While saying she is sympathetic to law s aims we may have a clash between the position in the UK wide legislation and the position in Scotland she tells BBC R4 Today Twitter Retrieved 18 January 2023 Gender row legal challenge likely to fail judge bbc co uk BBC 18 January 2023 Retrieved 18 January 2023 Brooks Libby 10 January 2023 UK review of gender recognition list risks trans travel ban The Guardian Retrieved 17 January 2023 Retrieved from https en wikipedia org w index php title Gender Recognition Reform Scotland Bill amp oldid 1181303355, wikipedia, wiki, book, books, library,

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