UK Government Sparks Controversy Over Veto of Scottish Gender Recognition Reform Bill
express.co.uk
The UK government has used the Scotland Act 1998 to veto a bill passed by the Scottish Parliament that aimed to simplify the process for individuals to change their legally recognized gender. This marks the first time in UK history that the UK government has employed this measure to block Scottish legislation. The Secretary of State for Scotland, Alister Jack, requested a section 35 order under the Scotland Act 1988 to block Royal Assent of the gender recognition reform bill, thereby preventing it from becoming law. This decision has reignited tensions with the Scottish government, which has also experienced obstacles in its efforts to organise a new vote on Scottish independence. Furthermore, the blocking of the bill has sparked outrage among various groups advocating for transgender rights. They have accused the British government of discriminating against the transgender population in the UK.
What is the Gender Recognition Reform (Scotland) Bill?
The Gender Recognition Reform Bill amends the Gender Recognition Act 2004 in order to make it easier for people with gender dysphoria to change their legal gender. It intends to do this by changing the process to get a Gender Recognition Certificate (GRC). A Gender Recognition Certificate (GRC) is a document that legally acknowledges that an individual's gender identity is different from the one assigned to them at birth.
The main amendments of the Gender Recognition Act 2004 outlined in the Gender Recognition Reform (Scotland) Bill are:
Removing the need for a diagnosis of gender dysphoria and the removal of the requirement for an applicant to provide medical reports with their application.
Lowering the minimum age for applicants from 18 to 16.
Removing the Gender Recognition Panel from the process and instead applying directly to the Registrar General.
Shortening the required period of living in acquired gender from 2 years to 3 months.
Introducing a mandatory 3 month reflection period and requiring confirmation before proceeding
Introducing a new requirement for the Registrar General to submit an annual report on the number of Gender Recognition Certificates (GRCs) applications received and the number of certificates issued.
It also includes provisions for different types of Gender Recognition Certificates (GRCs) that may be issued depending on the circumstances, such as full GRCs and interim GRCs. Furthermore, it lays out regulations for appeals and reviews of decisions made to grant or not grant GRCs, as well as the revocation of a GRC and penalties for providing false information in an application.
Why did the UK Government block the Gender Recognition Reform (Scotland) Bill from becoming law?
According to an oral statement made by Scottish secretary Alister Jack, the bill was blocked because it will have serious adverse impacts on the operation of the Equality Act 2010. These impacts include an effect on single-sex clubs, associations, schools and equal pay protections. In addition, it was stated that the Bill could cause complications by having dual gender recognition systems in England and Scotland.
The equality hub listed a policy statement of reasons which explained the consequences of having dual systems. It stated that the UK's current IT infrastructure for tax, benefits, and pensions only allows one legal sex per record and cannot change the marker for 16-17 year olds. Building the capability to manage a dual identity for individuals with different legal sexes in Scotland and England/Wales would likely be considered unmanageable, even with significant time and expense.
The statement of reasons also argued that the bill leads to an increase in fraudulent applications. This is because the bill removes the need for third party verification of gender dysphoria and lowers the period that an individual would have to live in their acquired gender. It was argued that it will make it easier for malicious actors to change their gender in order to access women’s spaces. These views are also shared by the UN Special Rapporteur on Violence against Women and Girls.
Furthermore, the statement mentioned that since the Bill creates a new group of people who have the ability to change their legal sex, this will result in a significant change to the profile and number of individuals that organisations can no longer exclude from membership based on sex. Concerns were also made about the additional legal responsibility it will add to single sex schools. The 2004 Act states that one must be 18 to change their legal sex, so most students cannot do so while still in school. If the bill becomes law, single-sex schools for 16-17 year olds may face allegations of discrimination if they deny admission to 16-17 year old students who have altered their legal sex in Scotland.
Due to these effects, the government invoked section 35 of the Scotland Act 1988. This section grants the UK government the authority to block a bill from becoming law if it believes that the bill would negatively impact areas where the national government has final authority.
The impact that this decision will have on relations between England and Scotland.
Nicola Sturgeon, Scotland’s first minister stated that the decision to block the bill with Section 35 will end up in court. This means that the lawfulness of Westminster’s decision will be challenged by judicial review. If the challenge proceeds, the Scottish government will contend that the Scottish Secretary did not have sufficient justification for believing that the Bill would negatively affect the equal opportunities law. The Court will then need to determine whether the decision was made lawfully or unlawfully. Taking it to the court could potentially strain the relationship between England and Scotland.
Additionally, it has been discussed that the blocking of the bill by the UK government could potentially increase support for Scottish independence. This is because if Scotland were to attain independence, it would have the ability to create laws without interference from the UK government. This sentiment was echoed by former Scottish Labour leader, Kezia Dugdale, who stated that the blocking of the bill's implementation will likely incense Scottish nationalists.
However, Alister Jack emphasised that the reason for blocking the bill was not to impede the Scottish parliament from making laws on devolved issues, but rather to prevent the creation of legal structures in one part of the UK that negatively impact reserved matters.
As tensions continue to grow, the future of the Gender Recognition Reform (Scotland) Bill and the relationship between England and Scotland remains uncertain.
by Ifeoluwa Bayo-Oluyamo