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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.

Demonstrators take part in the Let Women Speak rally organised by the group Standing for Women in George Square, Glasgow, in support of the UK Governement's use of a Section 35 order to block Scotland's recent Gender Recognition Reform Bill on the grounds that it will impede the operation of the UK Equality Act. Picture date: Sunday February 5, 2023.
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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.”

Analysis: Constitutional clash thunders on

This is the first big, albeit predictable, move by the new first minister.

Humza Yousaf promised to go to court during the bitter SNP leadership contest and this is confirmation of what is set to be yet another constitutional clash in the courts.

Wannabe leaders Kate Forbes and Ash Regan hammered home their message that a legal challenge would be pointless as experts were suggesting the Scottish government would lose.

The major question is whether the Holyrood administration’s lawyers have given advice to the new first minister that his government will win the case. If not, is he going ahead with the baggage of enormous legal costs knowing he will fail at the first hurdle?

Mr Yousaf is playing to the SNP gallery by ploughing on with this court challenge as his team suggest it’s a “democratic outrage” for Westminster to veto devolved legislation. They say failing to do so would set a dangerous precedent with Downing Street riding roughshod over laws it doesn’t like.

The issue of gender has also created rifts in the SNP as a party. Many will be angry one of Mr Yousaf’s first acts was to go down this route. A difficult move for a new leader walking the tightrope of uniting the party.

One thing is for sure – this court process will drag on and the controversial subject will continue to generate headlines for some time to come.

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”.

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Woman arrested on suspicion of murder after death of two children in Stafford

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Woman arrested on suspicion of murder after death of two children in Stafford

A 43-year-old woman has been arrested on suspicion of murder after the death of two children in Stafford.

Police were called to a home on Corporation Street at around 7.30am on Sunday by West Midlands Ambulance Service.

Two children were pronounced dead at the scene, Staffordshire Police said.

Detective Inspector Kirsty Oldfield said: “We are working hard to understand more about what happened leading up to these two children tragically losing their lives.

“We ask that people do not speculate at this stage as it is distressing for family and friends and could hinder our inquiries.

“We understand that this incident may cause concern in the local community. We don’t believe there is wider threat to the public at this time.”

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The 43-year-old woman, who is from the Stafford area, remains in custody.

The force has not confirmed the ages of the two children. Their next of kin have been informed and are being supported by specially-trained officers, police said.

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Man charged with stalking after allegedly targeting Lib Dem leader Sir Ed Davey and his family

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Man charged with stalking after allegedly targeting Lib Dem leader Sir Ed Davey and his family

A man has been charged with stalking and possession of a flick knife after allegedly targeting Lib Dem leader Sir Ed Davey and his family.

Inigo Rowland, 58, of Surbiton, south London, was arrested last Monday, but it was only made public on Sunday.

He appeared at Wimbledon Magistrates’ Court on Tuesday and was remanded in custody, the Met Police said.

The offences are alleged to have taken place between June and October.

Sir Ed, the MP for Kingston and Surbiton, lives in southwest London with his wife, Emily, their 17-year-old son John, and his younger sister Ellie.

A spokesperson for the Met Police said: “Inigo Rowland, 58, of Surbiton has been charged with stalking and possession of a flick knife.

“He appeared at Wimbledon Magistrates’ Court on Tuesday, 7 October and was remanded into custody. He will next appear at the same court on Tuesday, 14 October.

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“He was arrested on Monday, 6 October in relation to the offences, which are alleged to have taken place between June and October.”

A Lib Dem spokesperson said: “We cannot provide any details at this time, Ed’s number one priority is the safety of his family.”

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Paedophile Lostprophets singer Ian Watkins dies after attack in prison

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Paedophile Lostprophets singer Ian Watkins dies after attack in prison

Paedophile Lostprophets singer Ian Watkins has died after being attacked in prison.

Watkins, 48, was serving a 29-year jail term for multiple sexual offences, including serious crimes against young children and babies at HMP Wakefield, in West Yorkshire.

He was attacked with a knife by another inmate on Saturday morning, sources have confirmed.

West Yorkshire Police said two men, aged 25 and 43, have been arrested on suspicion of murder.

A police van outside Wakefield prison. Pic: YappApp
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A police van outside Wakefield prison. Pic: YappApp

Watkins was pronounced dead at the scene after prison staff reported the assault to police.

The prison went into lockdown in the immediate aftermath of the incident, sources added.

A Prison Service spokesperson said they could not comment while the police investigate.

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Watkins was previously stabbed in an incident at the same prison in 2023, suffering non life-threatening injuries after he was reportedly taken hostage by three other inmates before being freed by prison officers six hours later.

He was sentenced in December 2013 to 29 years in prison, with a further six years on licence, after admitting 13 sex offences, including the attempted rape of a fan’s baby.

Watkins performing in 2004. Pic: PA
Image:
Watkins performing in 2004. Pic: PA

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He also encouraged a second fan to abuse her child during a webcam chat and secretly stashed child sexual abuse videos, some of which he had made himself.

At the time, police described him as a “committed, organised paedophile”.

Having found fame in Welsh rock band Lostprophets, Watkins was arrested after his Pontypridd home was searched on orders of a drug warrant in September 2012.

A large number of computers, mobile phones and storage devices were seized during the search.

When sentenced at Cardiff Crown Court, the singer was told he was being given an extended sentence – and a judge said his crimes “plumbed new depths of depravity”.

After being caught with a mobile phone behind bars in 2019, he told a court that he was locked up with “murderers, mass murderers, rapists, paedophiles, serial killers – the worst of the worst”.

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