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Scotland’s highest civil court has ruled that the UK government acted lawfully in blocking Holyrood’s controversial gender reform bill.

Legislation making it easier for people to change their legally-recognised sex was passed by MSPs last December.

It then became a constitutional dispute in January when the UK government took the unprecedented step of using a Section 35 order to stop the bill from receiving royal assent and becoming law.

Scottish Secretary Alister Jack had argued the bill clashed with UK-wide equality laws and differing systems of gender recognition north and south of the border would create “significant complications”.

The Scottish government launched a legal challenge and a three-day hearing took place at the Court of Session in Edinburgh in September.

On Friday, Lady Haldane delivered her judgment, saying the UK government’s decision to block the gender reform bill from gaining royal assent was lawful.

The Scottish government has the right to appeal the case further through the Scottish courts, and ultimately to the Supreme Court in London.

Mr Jack welcomed the decision and said Scottish ministers “need to stop wasting taxpayers’ money” and instead focus on other issues that matter to people in Scotland, “such as growing the economy and cutting [NHS] waiting lists”.

First Minister Humza Yousaf said it was a “dark day for devolution”.

Posting on X, formerly Twitter, he said: “Today’s judgment confirms beyond doubt that devolution is fundamentally flawed.

“The court has confirmed that legislation passed by a majority in Holyrood can be struck down by Westminster. The only way to guarantee we get true self-government is through independence.

“This is a dark day for devolution. Sovereignty should lie with the people of Scotland, not a Westminster government we didn’t vote for with the ability to overrule our laws.

“We, of course, respect the court’s judgment and will take time to consider its findings.”

Meghan Gallacher, deputy leader of the Scottish Conservatives, said: “This is a humiliating defeat for Humza Yousaf and the SNP, who have once again squandered taxpayers’ cash on a self-serving but doomed court case.

“Their reckless Gender Recognition Reform Bill is deeply unpopular with the Scottish public because its self-ID principle compromises the safety of women and girls – as the case of a double-rapist being sent to a female prison demonstrated.”

People take part in a demonstration for trans rights outside the UK Government Office at Queen Elizabeth House in Edinburgh. The UK Government made the decision on Monday to block the Gender Recognition Reform (Scotland) Bill, passed by the Scottish Government in December, to prevent it obtaining Royal Assent and becoming law. Picture date: Thursday January 19, 2023.
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A demonstration for trans rights outside the UK government office in Edinburgh earlier this year

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Why is the bill controversial?

The Scottish Greens said it was a “devastating day for equality and democracy”.

Maggie Chapman, the party’s equality spokesperson, said: “It is a democratic outrage, crushing basic rights and equality for some of Scotland’s most marginalised people.”

She added: “It is horrible, it is heartbreaking and it is unjust.

“It makes a mockery of any vote or decision that we as parliamentarians take at Holyrood from now on, if the result is knowing that Westminster will veto anything they don’t like.

“Self-ID is normal and is used in countries around the world. What our parliament voted for was a small change that would have made a big difference to a vulnerable community. I hope the Scottish government will consider all options for appeal.”

People take part in a demonstration for trans rights outside the UK Government Office at Queen Elizabeth House in Edinburgh. The UK Government made the decision on Monday to block the Gender Recognition Reform (Scotland) Bill, passed by the Scottish Government in December, to prevent it obtaining Royal Assent and becoming law. Picture date: Thursday January 19, 2023.
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A demonstration for trans rights outside the UK government office in Edinburgh in January

The reform bill

The Gender Recognition Reform (Scotland) Bill was passed by MSPs just before Christmas last year.

It 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.

Teenagers aged 16 and 17 applying for a gender recognition certificate would have to live in their acquired gender for at least six months.

Critics have argued the proposals undermine women’s rights and single-sex spaces.

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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Demonstrators at a Let Women Speak rally in Glasgow’s George Square in February

Colin Macfarlane, director of nations at LGBTQ+ charity Stonewall, said the organisation was “disappointed” with the ruling.

He added: “This unfortunately means more uncertainty for trans people in Scotland, who will now be waiting once again, to see whether they will be able to have their gender legally recognised through a process that is in line with leading nations like Ireland, Canada and New Zealand.

“Whatever happens next in discussions with the UK and Scottish governments on this matter, Stonewall will continue to press all administrations to make progress on LGBTQ+ rights in line with leading international practice.”

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Man, 76, arrested on suspicion of administering poison at summer camp after eight children taken to hospital

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Man, 76, arrested on suspicion of administering poison at summer camp after eight children taken to hospital

A 76-year-old man has been arrested on suspicion of administering poison at a summer camp which led to eight children being taken to hospital, police said.

Police received reports of children feeling unwell at a summer camp in Canal Lane, Stathern, Leicestershire, on Monday.

Paramedics assessed eight children, who were taken to hospital as a precaution and have all now been discharged.

The suspect was arrested at the camp and remains in custody on suspicion of administering poison with intent to injure/aggrieve/annoy.

Detective Inspector Neil Holden said: “We understand the concern this incident will have caused to parents, guardians and the surrounding community.

“We are in contact with the parents and guardians of all children concerned.

“Please be reassured that we have several dedicated resources deployed and are working with partner agencies including children’s services to ensure full safeguarding is provided to the children involved.

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“We also remain at the scene to carry out enquiries into the circumstances of what has happened and to continue to provide advice and support in the area.

“This is a complex and sensitive investigation and we will continue to provide updates to both parents and guardians and the public as and when we can.”

The force said it has referred itself to the Independent Office for Police Conduct (IOPC) over what it said was the “circumstances of the initial police response”.

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‘No evidence’ malign activity caused Wednesday’s air traffic disruption, says transport secretary

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'No evidence' malign activity caused Wednesday's air traffic disruption, says transport secretary

There is no evidence that malign activity was responsible for yesterday’s outage of air traffic control systems, the transport secretary has said.

Heidi Alexander said she has spoken with the chief executive of National Air Traffic Service (NATS), Martin Rolfe, and added that what happened was an isolated incident.

NATS has apologised for the IT problems after thousands of passengers suffered extensive travel disruption during one of the busiest times of the year.

The technical glitch led to more than 150 flight cancellations, leaving airlines reacting furiously.

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Transport Secretary Heidi Alexander

Ms Alexander wrote on X: “I have spoken with NATS CEO Martin Rolfe who provided further detail on yesterday’s technical fault.

“This was an isolated event and there is no evidence of malign activity.

“I know that any disruption is frustrating for passengers.

“Flights are now resumed and I am grateful to airlines who are working hard to get people to where they need to be.

“I will continue to receive regular updates. Passengers should check with airlines before travelling.”

Read more: Flight delayed or cancelled? These are your rights

Officials said a “radar-related issue” caused the air traffic control failure.

A spokesperson for NATS said: “This was a radar-related issue which was resolved by quickly switching to the back-up system during which time we reduced traffic to ensure safety.

“There is no evidence that this was cyber related.”

The problem occurred at NATS’ control centre in Swanwick, Hampshire, and affected the vast majority of England and Wales.

Aviation analytics company Cirium said 84 departures and 71 arrivals were cancelled to or from UK airports up to 10pm on Wednesday, with several flights diverted to other European airports.

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Travel expert Paul Charles: This is a major outage

There was limited disruption on Thursday, with a handful of British Airways flights cancelled because aircraft and crew were out of position.

Heathrow and Gatwick airports said they had resumed normal operations.

Affected passengers are unlikely to be entitled to compensation as the disruption was outside of airlines’ control, but they will be able to claim expenses for a reasonable amount of food and drink, a means to communicate and overnight accommodation if required.

Martin Rolfe in 2023. Pic: PA
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Martin Rolfe in 2023. Pic: PA

Ryanair has called on Mr Rolfe to resign, claiming “no lessons have been learnt” since a similar systems outage in August 2023.

The airline’s chief operating officer Neal McMahon said: “It is outrageous that passengers are once again being hit with delays and disruption due to Martin Rolfe’s continued mismanagement of Nats.”

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‘No lessons have been learned’: Airlines furious after another technical glitch cancels flights

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'No lessons have been learned': Airlines furious after another technical glitch cancels flights

Airlines have reacted furiously after a technical glitch in air traffic control systems led to more than 150 flight cancellations.

The National Air Traffic Service (NATS) has apologised for the IT problems – and said systems were back up and running 20 minutes after the “radar-related issue” was detected at 4.05pm.

But with thousands of passengers suffering extensive travel disruption, during one of the busiest times of the year, airline executives have warned this isn’t good enough.

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Departures resume after ATC problem

Ryanair’s chief operating officer Neal McMahon has called for NATS chief executive Martin Rolfe to resign – and claimed Wednesday’s incident was “utterly unacceptable”.

He said: “It is outrageous that passengers are once again being hit with delays and disruption due to Martin Rolfe’s continued mismanagement of NATS.

“It is clear that no lessons have been learnt since the August 2023 NATS system outage, and passengers continue to suffer as a result of Martin Rolfe’s incompetence.”

Mr McMahon was referring to a glitch that affected more than 700,000 passengers two years ago – and said that, if Mr Rolfe refuses to step down, the government should intervene.

“Heidi Alexander must act without delay to remove Martin Rolfe and deliver urgent reform of NATS’ shambolic ATC service, so that airlines and passengers are no longer forced to endure these preventable delays caused by persistent NATS failures,” he added.

The Department for Transport says Ms Alexander does not have any direct control over NATS – and no powers over staffing decisions at the service.

Martin Rolfe in 2023. Pic: PA
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Martin Rolfe in 2023. Pic: PA

EasyJet’s chief operating officer David Morgan added: “It’s extremely disappointing to see an ATC failure once again causing disruption to our customers at this busy and important time of year for travel.

“While our priority today is supporting our customers, we will want to understand from NATS what steps they are taking to ensure issues don’t continue.”

NATS is yet to comment on the calls for Mr Rolfe’s resignation – but has stressed that the glitch is not believed to be “cyber related”.

“This was a radar-related issue which was resolved by quickly switching to the back-up system during which time we reduced traffic to ensure safety,” a spokesperson had said.

Departures at airports across the country have now resumed – but passengers are being urged to check with their airline before heading to terminals.

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Travel expert: This is a major outage

John Carr, from Stourbridge, was on his way from Heathrow to Norway to help arrange his brother’s wedding when he discovered his flight was cancelled after checking in.

“I’m pretty gutted,” he said. “We’ve got loads of stuff in the suitcases to set up the venue, because we’re obviously flying to Norway. We’ve got the wedding rehearsal to do. It’s quite stressful.”

Liberal Democrat leader Sir Ed Davey called for an urgent investigation and also referred to the “utterly unacceptable” disruption two years earlier.

“With thousands of families preparing to go on a well-earned break, this just isn’t good enough. The public deserve to have full confidence in such a vital piece of national infrastructure.”

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Flights departing or arriving at a UK airport, or aircraft operated by a UK airline arriving in the EU, are subject to rules concerning delays or cancellations.

Airlines may have to provide compensation, although there are exemptions for “extraordinary circumstances”, according to the UK’s Civil Aviation Authority.

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