UK government blocks Scotland’s gender reform bill in constitutional first

Published

3 years ago

January 16, 2023

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The UK government has blocked Scotland’s gender reform bill in an unprecedented intervention which Nicola Sturgeon has described as a “full-frontal attack” on the Scottish parliament.

Downing Street has the power to stop legislation from Holyrood receiving Royal Assent – the final stage of any new bill – if it believes it will have an adverse impact on UK-wide law.

Scotland Secretary Alister Jack has confirmed that he will lay a section 35 order at Westminster on Tuesday to prevent the legislation being sent to the King for royal assent.

In a statement, he said: “I have not taken this decision lightly.”

In the 25 years since devolution, no British government has taken this step – until now.

Politics live: Results of teachers’ strike ballot in England and Wales expected today

In a tweet posted in response to Mr Jack’s announcement, the first minister said: “This is a full-frontal attack on our democratically-elected Scottish parliament and its ability to make its own decisions on devolved matters.

“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.”

The Gender Recognition Reform (Scotland) Bill was passed by a majority of MSPs last month, with Ms Sturgeon hailing at as a “historic day for equality”.

The new legislation would lower the age people can apply to change their gender to 16, remove the need for a medical diagnosis of gender dysphoria for a gender recognition certificate (GRC), and reduce the time an applicant needs to live in their acquired gender.

But while the bill has been welcomed by equality campaigners, UK ministers fear it may lead to gender tourism and that people who change gender in Scotland would have a different legal gender when they are in the rest of the UK.

Critics of the legislation are also concerned that organisations offering single-sex spaces would have to adopt different policies.

Announcing the move to block the gender reform bill, Mr Jack 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.”

Blocking of gender bill a ‘constitutional nightmare’

Joe Pike

Political correspondent

@joepike

For many equality campaigners, this move is insulting and heart-breaking.

After years of painstaking work, they see tonight’s decision as a painful step back for a group of people who already face a barrage of societal, emotional and bureaucratic hurdles to live their lives.

Ministers in Westminster, however, believe they had little choice but to block the law.

One senior UK government source told me the Holyrood legislation was a “phenomenal mess” which could cause problems across the country regarding pensions, benefits, schools and prisons.

A second senior source described it as a “constitutional nightmare”.

Those involved are keen to point out they followed legal advice and the decision was not ideological but administrative.

UK government officials are confident a majority of Scots are on their side. Private government polling suggests 52% of 2019 SNP voters back the move. That figure is significantly higher when considering the whole electorate.

Tonight’s carefully-worded statement from the Scottish secretary is evidence that he realises the sensitivity of this issue.

Alister Jack said that transgender people “deserve our respect, support and understanding”, that he has “not taken this decision lightly” and that he will be “constructive” if the Scottish government put forward an amended bill.

Nonetheless the move is unprecedented: a ‘section 35 order’ (which will prevent the legislation getting royal assent) has never before been issued in the 25-year history of devolution.

The wider concern in Whitehall is that Nicola Sturgeon’s government will use this decision as evidence that Scottish democracy is broken and use it as a powerful argument to bolster the case for independence.

For Rishi Sunak, a prime minister keen to de-escalate, and de-dramatise Scotland’s constitutional debate, this move is likely to do the opposite.

Earlier today, Ms Sturgeon said “it would be an outrage” if the UK government were to block the bill.

In a briefing on NHS pressures, she accused UK ministers of “using trans people as a political weapon”.

“In my view there are no grounds to challenge this legislation,” she told reporters.

“It is within the competence of the Scottish parliament, it doesn’t affect the operation of the Equality Act and it was passed by an overwhelming majority of the Scottish parliament after very lengthy and very intense scrutiny by MSPs of all parties represented in the parliament.

The first minister said the move to block the legislation would create a “very, very slippery slope indeed”, adding that it could “normalise” and “embolden” the UK government to do the same in other areas.

Ms Sturgeon said the Scottish government would “robustly and rigorously and with a very, very high degree of confidence” defend the bill.

Prime Minister Rishi Sunak has previously said it was “completely reasonable” for the UK government to consider blocking the reforms.

At the weekend, Labour leader Sir Keir Starmer voiced his concerns with the legislation, saying 16 was too young for such a decision to be made.

The bill was backed by the Scottish Labour Party, with the exception of two MSPs who resigned their frontbench positions to vote against it.

Nancy Kelley, chief executive of Stonewall, a leading transgender rights charity in the UK, accused the PM of using trans people’s lives as “a political football”.

In a statement following the UK government’s announcement, Ms Kelley said: “This is the nuclear option.

“It is the only time that section 35 of the Scotland Act has been used since 1998, in an unprecedented move which significantly undermines the devolution settlement and will unlock constitutional and diplomatic strife.”

But Scottish Conservatives’ equalities spokesperson Rachael Hamilton said the UK government was left with “little option” but to make a section 35 order after Scottish ministers rushed through the legislation “at breakneck speed”.

World

Trump: I won’t send US troops to Ukraine – but might help by air

Published

6 hours ago

August 19, 2025

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Trump: I won't send US troops to Ukraine - but might help by air

Donald Trump has said American troops will not be sent to Ukraine, but the US may provide air support as part of a peace deal with Russia.

A day after his extraordinary White House meeting with Ukrainian President Volodymyr Zelenskyy and the leaders of Kyiv’s European allies, the US president told Fox News “when it comes to security, [Europeans] are willing to put people on the ground. We’re willing to help them with things, especially, probably, by air”.

Ukraine war – follow the latest developments

Mr Trump did not elaborate, but White House press secretary Karoline Leavitt told reporters US air support was “an option and a possibility”.

She said the US president “has definitively stated US boots will not be on the ground in Ukraine, but we can certainly help in the coordination and perhaps provide other means of security guarantees to our European allies”.

Air support could take many forms, including missile defence systems or fighter jets enforcing a no-fly zone – and it’s not clear what role the US would play under any proposed peace deal.

Zelenskyy-Putin summit

It comes as planning for a possible Zelenskyy-Putin summit get under way. Talks between the Ukrainian and Russian president are seen by Mr Trump as vital to ending the war.

Sky News understands a meeting could happen before the end of the month, with Geneva, Vienna, Rome, Budapest, and Doha among the venues being considered.

Geneva, Switzerland, is considered the best option, with Rome or the Vatican disliked by the Russians and Budapest, Hungary, not favoured by the Ukrainians.

European allies are understood to want security guarantees to be defined before the meeting.

A NATO-like treaty, guaranteeing Ukraine’s allies would come to its defence in case of any future Russian attack, is being worked on and could be completed by next week.

Like the US, Sky News understands Italy is opposed to putting boots on the ground in Ukraine.

But EU diplomats are confident this is the best chance yet to stop the war, and allies could return to Washington in early September to celebrate any deal being struck.

Trump still has doubts about Putin

Despite the renewed optimism about a peace deal following Monday’s White House summit, Mr Trump has admitted Vladimir Putin might not be sincere about wanting to end the war.

“We’re going to find out about President Putin in the next couple of weeks,” he told Fox News.

He’s previously threatened to put more sanctions on Russia if a peace deal isn’t reached, though previously set deadlines have been and gone.

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Russia launched its biggest air assault on Ukraine in more than a month on Monday night, sending 270 drones and 10 missiles, the Ukrainian air force said.

Ukraine’s European allies in the so-called Coalition of the Willing, an initiative spearheaded by Sir Keir Starmer and Emmanuel Macron, discussed additional sanctions to place on Russia on Tuesday.

World

Ukrainian diplomat involved in 90s nuclear deal with Russia warns Trump about ‘very big mistake’ with Putin

Published

7 hours ago

August 19, 2025

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Ukrainian diplomat involved in 90s nuclear deal with Russia warns Trump about 'very big mistake' with Putin

Ukrainians have given a lukewarm reaction to this week’s White House summit.

There is bafflement and unease here after US President Donald Trump switched sides to support his Russian counterpart, Vladimir Putin, dropping calls for a ceasefire and proposing that Ukraine surrender territory.

While allies are talking up the prospects of progress, people here remain unconvinced.

Ukraine war latest – Trump rules out using US troops

The Trump administration’s contradictory statements on possible security guarantees are causing concern here.

MP Lesia Vasylenko told Sky News it is not at all clear what the allies have in mind.

“Who is going to be there backing Ukraine in case Russia decides to revisit their imperialistic plans and strategies and in case they want to restart this war of aggression?”

For many Ukrainians, there is a troubling sense of deja vu.

In the 1994 Budapest Memorandum, Ukraine agreed to give up not land but its nuclear arsenal, inherited from the Soviet Union, in return for security assurances from Russia and other powers.

They know how that ended up to their enormous cost. Putin reneged on Russia’s side of the bargain, with his invasion of Crimea in 2014 and once again with his full-scale attack three and a half years ago.

We met veteran Ukrainian diplomat Yuri Kostenko, who helped lead those negotiations in the 90s.

He said there is a danger the world makes the same mistake and trusts Vladimir Putin when he says he wants to stop the killing, something Mr Trump said he now believes.

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“It’s not true, it’s not true, Russia never, never, it’s my practices in more than 30 years, Russia never stop their aggression plans to occupy all Ukraine and I think that Mr Trump, if he really believes Mr Putin, it will be a very big mistake, Mr Trump, a very big mistake.”

Before the Alaska summit, allies agreed the best path to peace was forcing Mr Putin to stop his invasion, hitting him where it hurts with severe sanctions on his oil trade.

But Mr Trump has given up calls for a ceasefire and withdrawn threats to impose those tougher sanctions.

Instead, he has led allies down a different and more uncertain path.

Ukrainians we met on the streets of Kyiv said they would love to believe in progress more than anything, but are not encouraged by what they are hearing.

While the diplomacy moves on in an unclear direction, events on the ground and in the skies above Ukraine are depressingly predictable.

Russia is continuing hundreds of drone attacks every night, and its forces are advancing on the front.

If Vladimir Putin really wants this war to end, he’s showing no sign of it, while Ukrainians fear Donald Trump is taking allies down a blind alley of fruitless diplomacy.

World

Putin wasn’t at the White House, but his influence was – the moments which reveal his hold over Trump

Published

19 hours ago

August 19, 2025

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Putin wasn't at the White House, but his influence was - the moments which reveal his hold over Trump

Vladimir Putin wasn’t at the White House but his influence clearly was. At times, it dominated the room.

There were three key moments that revealed the Russian president‘s current hold over Donald Trump.

The first was in the Oval Office. Sitting alongside Volodymyr Zelenskyy, the US president told reporters: “I don’t think you need a ceasefire.”

Ukraine talks latest: Zelenskyy ‘ready to meet’ Putin after Trump summit

It was a stunning illustration of Mr Trump’s about-face in his approach to peace. For the past six months, a ceasefire has been his priority, but after meeting Mr Putin in Alaska, suddenly it’s not.

Confirmation that he now views the war through Moscow’s eyes.

The second was the format itself, with Mr Trump reverting to his favoured ask-what-you-like open-ended Q&A.

In Alaska, Mr Putin wasn’t made to take any questions – most likely, because he didn’t want to. But here, Mr Zelenskyy didn’t have a choice. He was subjected to a barrage of them to see if he’d learnt his lesson from last time.

It was a further demonstration of the special status Mr Trump seems to afford to Mr Putin.

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The third was their phone call. Initially, President Trump said he’d speak to the Kremlin leader after his meeting with European leaders. But it turned out to be during it.

A face-to-face meeting with seven leaders was interrupted for a phone call with one – as if Mr Trump had to check first with Mr Putin, before continuing his discussions.

We still don’t know the full details of the peace proposal that’s being drawn up, but all this strongly suggests that it’s one sketched out by Russia. The White House is providing the paper, but the Kremlin is holding the pen.

For Moscow, the aim now is to keep Mr Trump on their path to peace, which is settlement first, ceasefire later.

It believes that’s the best way of securing its goals, because it has more leverage so long as the fighting continues.

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But Mr Putin will be wary that Mr Trump is pliable and can easily change his mind, depending on the last person he spoke to.

So to ensure that his sympathies aren’t swayed, and its red lines remain intact, Russia will be straining to keep its voice heard.

On Monday, for example, the Russian foreign ministry was quick to condemn recent comments from the UK government that it would be ready to send troops to help enforce any ceasefire.

It described the idea as “provocative” and “predatory”.

Moscow is trying to drown out European concerns by portraying itself as the party that wants peace the most, and Kyiv (and Europe) as the obstacle.

But while Mr Zelenskyy has agreed to a trilateral meeting, the Kremlin has not. After the phone call between Mr Putin and Mr Trump, it said the leaders discussed “raising the level of representatives” in the talks between Russia and Ukraine. No confirmation to what level.