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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.”

Read more:
Why is the bill controversial?
Five key challenges Scotland’s new first minister will face

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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Grooming gang victims being denied compensation because of criminal records

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Grooming gang victims being denied compensation because of criminal records

Victims of grooming gangs and modern slavery are being denied compensation by a government scheme because of their criminal records, Sky News has learned.

Analysis of official figures by Sky News’ Data & Forensics team shows more than 11,000 victims of crime over the last decade have been denied payouts because of their unspent convictions, including children.

The Criminal Injuries Compensation Authority can award money to victims of violent crime, including sexual abuse.

It is the only government compensation scheme for victims – for those unable to work due to injuries, the money can be vital.

But, if an applicant has a criminal record, they are automatically refused compensation with limited exceptions.

Those with unspent convictions sometimes receive reduced sums.

Sky News has found that at least 130 children with criminal records have received reduced awards over the last 10 years, including 50 victims of sex abuse, four victims of brain damage, and one child who lost sight in an eye.

This rule on unspent convictions is based on the idea that public funds should only compensate blameless victims of crime and not, for example, a gang member who was injured in a fight.

But many argue the policy punishes those who have been forced to offend by exploiters, as well as victims of child sexual abuse.

‘I was frustrated that I wasn’t being believed’

Arthur Sherry, 43, from Perranporth in Cornwall was regularly abused by his babysitter from the age of five, including suffering rape.

In 2008, he reported it to Devon and Cornwall Police, alongside two other victims. He alleges the police did not believe him, and charges were not brought against his abuser.

Arthur Sherry, who was abused as a child, says he was denied compensation because of his criminal record
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Arthur Sherry, who was abused as a child, says he was denied compensation because of his criminal record

Arthur became angry and descended into addiction as a “coping mechanism”, becoming suicidal, and was repeatedly arrested for minor offences, such as making false calls to the emergency services.

“I wasn’t getting support from any agencies, and no one asked me, ‘Why is this man ringing the emergency services all the time?'”

“It was a cry for help. I was frustrated that I wasn’t being believed.”

Eventually, Arthur’s abuser, Shaun Burton, was convicted of multiple offences against children, including 11 counts of indecency with a child in relation to Mr Sherry.

But when Arthur, who suffers from complex PTSD, subsequently tried to make a claim through the Criminal Injuries Compensation Authority in 2013, it was rejected because of his criminal record and because he submitted his application beyond CICA’s time limit.

He was not allowed to appeal the decision.

Arthur, aged 12 in the picture, was regularly abused by his babysitter, Shaun Burton, from the age of five
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Arthur, aged 12 in the picture, was regularly abused by his babysitter, Shaun Burton, from the age of five

Many survivors of grooming gangs have criminal records due to being exploited and coerced.

While the government recently announced plans to disregard child prostitution convictions for these victims, many are urging authorities to go further and pardon all related offences.

Former victims’ commissioner Dame Vera Baird said: “They were not exercising their own free will and voluntarily committing crime, so there should be a discretion to look at that and say, ‘No, that wasn’t their fault’.

“They should get compensation for all the evil that was done to them by that gang.”

In 2022, the Independent Inquiry into Child Sexual Abuse recommended that the government amend the Criminal Injuries Compensation Scheme so that “applicants with unspent convictions are not automatically excluded where offences are likely to be linked to the circumstances of their sexual abuse as a child”.

The government has refused to act on this recommendation.

However, Labour MP Sarah Champion has tabled an amendment to the upcoming Victims and Courts Bill, hoping to implement it, as well as widen eligibility to the scheme.

“Victims are seen as running a cannabis farm and get a conviction, before it actually turns out that they were a victim of modern slavery.

“These people, who are very clearly recognised as victims and survivors, aren’t getting the money that’s owed to them. The system is broken and the ministers need to get rid of it.”

'I was frustrated that I wasn't being believed,' Arthur tells Sky News' Alice Porter
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‘I was frustrated that I wasn’t being believed,’ Arthur tells Sky News’ Alice Porter

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A government spokesperson said: “Last year, more than £164m was paid out under the Criminal Injuries Compensation Scheme to victims, and we are going further by removing the time limit for civil personal injury claims and doubling Home Office funding for services supporting adult victims and survivors of child sexual abuse.

“Changes to the way we compensate victims have been considered by successive governments, and our priority must always be to treat all victims of violence equally.”

Devon and Cornwall Police said: “Tackling sexual offending is a key priority for Devon & Cornwall Police and we are working hard to bring offenders to justice.

“We take reports of all sexual offences seriously and will carry out thorough investigations into reports, looking at all viable lines of enquiry.”

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From ‘Xmas gifts’ to piles of cash: How ex-Reform MEP was caught doing Russia’s bidding

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From 'Xmas gifts' to piles of cash: How ex-Reform MEP was caught doing Russia's bidding

Nathan Gill was at Manchester airport, about to board a flight to Russia, when accepting bribes finally caught up with him.

Gill, the former leader of Reform UK Wales and a one-time member of the European Parliament, who on Friday was jailed for 10-a-half-years, was stopped by police before boarding and had his phone seized in 2021.

While they interrogated him, his home in Anglesey was raided, with detectives discovering more electronics and cash piles of €5,000 (£4,400) and $5,000 (£3,800) respectively.

Nathan Gill being questioned. Pic: Met Police
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Nathan Gill being questioned. Pic: Met Police


The evidence on Gill’s phone would damn him – he was in contact with a pro-Russian politician in Ukraine, Oleg Voloshyn, and had agreed to boost pro-Russia viewpoints in exchange for money.

Voloshyn would dictate the statement, and Gill would repeat it – in some cases, almost word for word – in the media or the European Parliament.

In one instance, Gill appeared on the now-banned Ukrainian TV channel, 112 Ukraine, which was known for its pro-Russian stance.

In the interview, he was critical of the Ukrainian decision to open criminal proceedings against Viktor Medvedchuk, the owner of the television channel and a personal friend of Vladimir Putin.

Nathan Gill. Pic: Met Police
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Nathan Gill. Pic: Met Police

Speaking to the outlet, he said he was “very concerned” about the investigation, and wondered whether it was meant to silence “opposition politicians”.

Prosecutors said messages on Gill’s phone showed that this was at his paymaster’s instruction, with Voloshyn offering a “reward” if he would say that it was unacceptable to persecute a person for their political convictions.

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Voloshyn also offered the MEP €2,000 (£1,750) if he would express concern that Mr Medvedchuk could no longer mediate with Russia on Ukraine’s behalf, the court heard.

He added that “V” – understood to be Mr Medvedchuk – did not believe Ukrainian President Volodymyr Zelenskyy had “true intentions to pursue a peace agenda”, prosecutors said.

Bundles of cash were recovered from Gill's home. Pic: Met Police
Image:
Bundles of cash were recovered from Gill’s home. Pic: Met Police

Sure enough, Gill appeared on 112 Ukraine saying it was “very sad” that Mr Medvedchuk felt he no longer had Mr Zelensky’s backing to act as a mediator with Russia, and suggested that using him “would be a sensible thing to do”.

The messages traded in innuendo, referring to the exchange of “Xmas gifts” or “postcards” instead of money.

But as the pair grew more comfortable with each other, they bargained more explicitly, with the sum of “£5k” quoted for Gill’s work.

Dominic Murphy, head of Counter Terrorism Command at the Met Police, said Gill had also offered access to other MEPs.

“This is where we get into that slightly odd situation where it feels very much like a real effort to undermine democracy here,” he said.

“This is Nathan Gill reaching out to individuals that he knows, who are Brits, who might be willing to be paid to go and make speeches.”

Commander Murphy declined to name names, but said there was an ongoing investigation and that other people had been spoken to.

None of the pro-Brexit MEPs Gill allegedly approached have been interviewed under caution.

Pic: Met Police
Image:
Pic: Met Police

Police confirmed there was no evidence to suggest Reform UK leader Nigel Farage was involved.

Gill was stopped at Manchester Airport on 13 September 2021, under schedule 3 of the Counter Terrorism and Borders Security Act 2019.

He offered police no explanation for his actions and answered no comment in a March 2022 police interview.

But the 52-year-old is believed to have had financial problems.

Mr Murphy added that while Gill appeared to have pro-Russian sympathies, he was primarily motivated by money.

The ex-MEP has been jailed for 10-and-a-half years after pleading guilty to eight counts of bribery between December 2018 and July 2019.

Following an investigation by counter-terrorism police, officers said they believe Gill likely took a minimum of £40,000 in cash and was offering to introduce other British MEPs so they could be bribed.

Voloshyn was picked up by the authorities on a trip to the US in 2021, which enabled the FBI to discover his end of the conversation.

He is now believed to be in Russia, but has been sanctioned by the UK government over allegations of trying to destabilise Ukraine.

Nathan Gill pleaded guilty to eight counts of bribery over pro-Russian statements. Including to media outlet 112 Ukraine. Pic: Met Police
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Nathan Gill pleaded guilty to eight counts of bribery over pro-Russian statements. Including to media outlet 112 Ukraine. Pic: Met Police

He remains wanted in both Britain and Ukraine.

A Reform UK spokesman said: “Mr Gill’s actions were reprehensible, treasonous and unforgivable.

“We are glad that justice has been served and fully welcome the sentence Nathan Gill has received.”

Mr Farage, the Reform UK leader, said: “An investigation into Russian and Chinese influence over British politics would be welcome.”

The MP for Clacton previously described his former colleague as a “bad apple” and said he was “shocked” after Gill pleaded guilty to eight counts of bribery.

He said: “Any political party can find in their midst all sorts of terrible people.

“You can never, ever guarantee 100% that everyone you meet in your life, you shake hands with in the pub, is a good person.”

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BBC board member resigns – and criticises ‘governance issues’ at top of corporation

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BBC board member resigns - and criticises 'governance issues' at top of corporation

A BBC board member has resigned after criticising “governance issues” at the top of the corporation.

Shumeet Banerji confirmed the news in a letter on Friday, according to BBC News.

It comes after the corporation’s director-general Tim Davie and chief executive of BBC News Deborah Turness resigned earlier this month after a row over the editing of a Panorama documentary on Donald Trump.

This breaking news story is being updated and more details will be published shortly.

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