Gender reform bill: Scottish and UK governments to enter legal battle
The Scottish and UK governments will enter into a legal battle over Holyrood’s much-debated gender reform bill.
Social Justice Secretary Shirley-Anne Somerville confirmed on Wednesday that the Scottish government will lodge a petition for a judicial review over Westminster’s veto of the bill.
Ms Somerville said: “The Gender Recognition Reform Bill was passed by an overwhelming majority of the Scottish Parliament, with support from members of all parties.
“The use of section 35 is an unprecedented challenge to the Scottish Parliament’s ability to legislate on clearly devolved matters and it risks setting a dangerous constitutional precedent.
“In seeking to uphold the democratic will of the parliament and defend devolution, Scottish ministers will lodge a petition for a judicial review of the Secretary of State for Scotland’s decision.”
In response, the UK government said it would “robustly defend” its decision.
Prime Minister Rishi Sunak said earlier in the day that the government had taken “very careful and considered advice” on the issue before acting.
The Gender Recognition Reform (Scotland) Bill was passed by MSPs just before Christmas.
It then became a constitutional dispute in January when the UK government took the unprecedented step of using section 35 of the Scotland Act to block the bill from receiving royal assent and becoming law.
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Sky’s Joe Pike explained the arguments put forward by the UK government, and why some disagreed with the move
Scottish Secretary Alister Jack claimed the bill clashed with UK-wide equality laws, and differing systems of gender recognition north and south of the border would create “significant complications”.
Ms Somerville added: “The UK government gave no advance warning of their use of the power, and neither did they ask for any amendments to the bill throughout its nine-month passage through parliament.
“Our offers to work with the UK government on potential changes to the bill have been refused outright by the secretary of state, so legal challenge is our only reasonable means of resolving this situation.
“It is important to have clarity on the interpretation and scope of the section 35 power and its impact on devolution. These matters should be legally tested in the courts.”
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The bill aims to simplify the process for trans people to change gender in the eyes of the law.
No diagnosis or medical reports would be required, and the period in which adult applicants need to have lived in their acquired gender would be cut to three months.
Sixteen and 17-year-olds applying for a gender recognition certificate would have to live in their acquired gender for at least six months.
However, critics argue it undermines women’s rights and single-sex spaces.
The bill has been a contentious issue within the SNP.
In October last year, Ash Regan quit as community safety minister shortly before MSPs began debating the first stage. A total of seven SNP MSPs broke the whip to vote against it.
During the SNP leadership contest, First Minister Humza Yousaf was the only contender to back action if legal advice supported the move.
Ash Regan believed any court challenge would fail, while Kate Forbes pledged to amend the legislation to ensure it could not be blocked again.
A Let Women Speak rally in Glasgow in February
On Tuesday, Mr Yousaf said the block was an “undemocratic veto over legislation that was passed by a majority of the Scottish Parliament”.
The Secretary of State for Scotland, Mr Jack, said in response to the announcement: “The UK government will robustly defend the decision to prevent the Scottish government’s Gender Recognition Reform Bill from becoming law.
“I made the order under section 35 of the Scotland Act 1998 after thorough and careful consideration of all the relevant advice and the policy implications.
“I was very clear in the accompanying statement of reasons how the bill would have an adverse effect on reserved matters, including on the operation of the law as it applies to Great Britain-wide equalities protections.
“The use of the power is entirely within the devolution settlement as set out from its inception, with cross-party support.”
The Scottish Tories branded the move a “transparent attempt” by Mr Yousaf to divert attention from the “civil war engulfing the SNP and the huge question marks over the party’s finances“.
While the Scottish Greens said the bill was a “vital step for trans rights and equality”.
Conservative Party leader Kemi Badenoch has called on Sir Keir Starmer to sack Treasury minister Tulip Siddiq over allegations she lived in properties linked to allies of her aunt, Sheikh Hasina, the deposed prime minister of Bangladesh.
It comes after the current Bangladeshi leader, Muhammad Yunus, said London properties used by Ms Siddiq should be investigated.
He told the Sunday Times the properties should be handed back to his government if they were acquired through “plain robbery”.
Tory leader Ms Badenoch said: “It’s time for Keir Starmer to sack Tulip Siddiq.
“He appointed his personal friend as anti-corruption minister and she is accused herself of corruption.
“Now the government of Bangladesh is raising serious concerns about her links to the regime of Sheikh Hasina.”
Ms Siddiq insists she has “done nothing wrong”.
Her aunt was ousted from office in August following an uprising against her 20-year leadership and fled to India.
Ms Siddiq is also named with her aunt in Bangladesh court documents about meetings with the Russian government.
Tory leader Kemi Badenoch has called on Sir Keir to sack the minister
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As economic secretary to the Treasury, Ms Siddiq is responsible for policy on both the City and tackling corruption.
She referred herself to the prime minister’s ethics watchdog on Monday following the reports about the properties.
On the same day, the prime minister said: “Tulip Siddiq has acted entirely properly by referring herself to the independent adviser, as she’s now done, and that’s why we brought into being the new code.
“It’s to allow ministers to ask the adviser to establish the facts, and yes, I’ve got confidence in her, and that’s the process that will now be happening.”
Police in Aberdeen have widened the search area for two sisters who disappeared four days ago in the city.
Eliza and Henrietta Huszti, both 32, were last seen on CCTV on Market Street after leaving their home on Tuesday at around 2.12am.
The sisters – who are part of a set of triplets and originally from Hungary – crossed the Victoria Bridge to the Torry area and turned right on to a footpath next to the River Dee.
Eliza and Henrietta Huszti were last seen on CCTV in Market Street. Pic: Police Scotland/PA
They headed in the direction of Aberdeen Boat Club but officers said there is no evidence to suggest the missing women left the immediate area.
Specialist search teams, police dogs and a marine unit have been trying to trace the pair.
The sisters crossed Victoria Bridge before walking along a footpath next to the River Dee
The pair were heading in the direction of Aberdeen Boat Club on the south side of the River Dee
Further searches are being carried out towards the Port of Aberdeen’s South Harbour and Duthie Park.
Police Scotland said it is liaising with authorities in Hungary to support the relatives of the two sisters.
Chief Inspector Darren Bruce said: “Eliza and Henrietta’s family are understandably extremely worried about them and we are working tirelessly to find them.
“We are seriously concerned about them and have significant resources dedicated to the inquiry.”
The sisters, from Aberdeen city centre, are described as slim with long brown hair.
Henrietta Huszti. Pic: Police Scotland
Eliza Huszti. Pic: Police Scotland
Officers have requested businesses in and around the South Esplanade and Menzies Road area to review their CCTV footage for the early morning of Tuesday 7 January.
Police added they are keen to hear from anyone with dashcam footage from that time.
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