UK government’s veto of Scotland’s gender reform bill ruled lawful by Scottish court
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.”
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.”
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 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.”
UK
Hainault sword attack: Child dies and four taken to hospital after sword attack in northeast London
A 14-year-old boy has died and four people are in hospital after a stabbing attack in northeast London.
Police were called to reports around 7am that a 36-year-old man was wielding a sword and attacking members of the public.
Officers were also caught up in the rampage in Hainault, northeast London, near the Tube station.
Police also said the man crashed a vehicle into a house in nearby Thurlow Gardens, before reportedly stabbing a number of people and being arrested.
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London Ambulance Service said they treated five people at the scene and took them to hospital – including the 14-year-old boy.
In an update this afternoon, Chief Superintendent Stuart Bell, who leads local policing, confirmed the teenage boy had died.
He said: “He was taken to hospital after being stabbed and sadly died a short while after.
“The child’s family are being supported firstly by my local officers and now with some specialist officers and everyone across the Met is keeping them in our thoughts at this unimaginably difficult time.”
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Chief superintendent Stuart Bell giving his update
Police responded to reports of a vehicle driven into a house this morning
He also confirmed two other members of the public were in hospital with injuries believed to be not life-threatening.
Along with them, two officers received “significant” but not life-threatening injuries and will undergo surgery, the police chief said.
Officers arrested the man 22 minutes after the first call went into emergency services.
Eyewitnesses described hearing shrieking and seeing someone receive CPR at the scene.
Video showed a man wielding a large sword outside a number of residential properties.
Police added they did not think it was a targeted attack, or terror-related, and they were working to establish the circumstances of what took place.
As the press conference ended this afternoon Ch Supt Stuart Bell refused to respond to questions over whether the suspect had been previously arrested.
Eyewitnesses heard ‘screams and shrieking’ after Hainault sword attack
Chris Bates told Sky News he saw police apprehend a suspect wielding a “big samurai sword”.
He said that, after confronting the suspect, police screamed at them to drop the sword, before they Tasered him, and “piled on top of him”, arresting him.
Another local resident said she saw a body on the ground as she hid by her window, while a sword-wielding man shouted “do you believe in God?” outside her home.
Pic: PA
Pic:@ell_pht
The witness, who didn’t want to be named, said: “He was wielding his sword trying to attack the police but then they sprayed him and he ran away.
“He was shouting at the police ‘do you believe in God?’, also at the ambulance.
“We were very scared and trying to hide and not show ourselves through the window, because he was standing right next to our house and he could have seen us if he looked up.
“We were trying to hide but also at the same time taking video of him attacking the police, and of the body on the floor, so, yeah, we were very scared and we didn’t know what to do.”
Emergency services on the scene of the incident in Hainault. Pic: Shutterstock
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The King has asked to be kept informed of the incident and has sent his thoughts to those affected.
A Buckingham Palace spokesman said: “Following the horrific scenes in Hainault this morning, the King has asked to be kept fully informed as details of the incident become clearer.
“His thoughts and prayers are with all those affected – in particular, the family of the young victim who has lost his life – and he salutes the courage of the emergency services who helped contain the situation.”
Politicians were quick to offer their condolences after news emerged of the attack.
Prime Minister Rishi Sunak said: “This is a shocking incident. My thoughts are with those affected and their families.
“I’d like to thank the emergency services for their ongoing response, and pay tribute to the extraordinary bravery shown by police on the scene. Such violence has no place on our streets.”
Local MP, and Labour shadow minister, Wes Streeting said the whole community was “devastated” by news of the attack but “deserved answers”.
Forensic investigators in Laing Close in Hainault, following the attack. Pic: PA
Mayor of London Sadiq Khan praised the “everyday bravery” of the police officers who ran towards the sword-wielding man.
He added: “This attack is devastating and appalling. I’m sure I speak on behalf of the entire city when I say my thoughts and prayers are with this young child and his family.”
UK
King Charles talks about his health as he holds hands with cancer patients on return to public duties
The King has said he is feeling “much better” as he returned to public duties for the first time since his cancer diagnosis.
On his visit with the Queen to a Macmillan Cancer Centre in London, the King held hands with cancer patients.
He was also announced as patron of Cancer Research UK, and takes over the role from his mother, the late Queen Elizabeth.
The King, who is also patron of Macmillan Cancer Support, replied “much better, thanks” when Sky News asked how he was feeling.
It was his first public outing since doctors told him to avoid public-facing duties while having cancer treatment.
Pic: PA
On Friday, the Palace said he was “greatly encouraged” to be given the green light to return to some public-facing duties.
However, sources stressed the King still has cancer and will continue to be treated for an undisclosed form of the disease.
It is hoped his visit will draw attention to the importance of early diagnosis, as well as innovative treatments and research at the hospital supported by Cancer Research UK.
The King holds hands with a cancer patient Pic: Reuters
Pic: Reuters
The King also met the team behind a project called TRACERx, the single biggest investment in lung cancer research by Cancer Research UK.
It aims to investigate how lung cancer evolves and why treatments sometimes stop working.
The royals also gave presents to children on their way out – and received some flowers in return.
Pic: PA
The King and Queen gave presents to children – and got some flowers in return
The King announced he had cancer at the beginning of February.
Since then, charities have praised his openness and the impact it has had on raising awareness, along with the Princess of Wales talking about her own diagnosis.
Ahead of the visit today, a Palace spokesperson said: “His Majesty’s treatment programme will continue, but doctors are sufficiently pleased with the progress made so far that the King is now able to resume a number of public-facing duties.”
They added: “Forthcoming engagements will be adapted where necessary to minimise any risks to His Majesty’s continued recovery.”
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The King has continued constitutional work behind the scenes and has held small meetings inside the palace, including with Prime Minister Rishi Sunak.
At Easter, he made a point of greeting crowds at St George’s Chapel in Windsor – seen as a hint that more public-facing engagements could soon follow.
Palace officials continue to plan for a busy summer and autumn but will work around the caveat that plans might need to change depending on the King’s health and doctors’ advice.
Read more from Sky News:
Prince Harry returning to UK for visit
William reveals Charlotte’s favourite ‘dad joke’
The summer months are always a busy period for the Royal Family with events such as Trooping the Colour, Garter Day, and Royal Ascot.
There is also the prospect of overseas travel towards the end of the year, as Samoa is hosting the biennial meeting of Commonwealth leaders.
UK
Grace O’Malley-Kumar: PM backs calls for 19-year-old stabbed to death in Nottingham to be awarded George Cross
Rishi Sunak has backed calls for a student who was stabbed to death while trying to save to her friend to be awarded a posthumous George Cross.
Grace O’Malley-Kumar, 19, fought Valdo Calocane when he attacked fellow student Barnaby Webber as they returned from a night out celebrating the end of exams last June.
During Calocane’s trial, prosecutor Karim Khalil KC said Ms O’Malley-Kumar had shown “incredible bravery” by trying to protect Mr Webber from Calocane’s blows and tried to fight him off, pushing him away and into the road.
The killer then turned his attention to her and was “as uncompromisingly brutal in his assault of Grace as he was in his assault of Barnaby”, Mr Khalil said.
Calocane admitted killing Grace, Barnaby and school caretaker Ian Coates on the basis of diminished responsibility, a plea which the Crown Prosecution Service has accepted.
(L-R) Ian Coates, Barnaby Webber, Grace O’Malley-Kumar
Ms O’Malley-Kumar’s parents today called for her to be awarded the George Cross, an award recognising “the greatest heroism or of the most conspicuous courage in circumstances of extreme danger”.
And Downing Street has now weighed in – saying the prime minister “would certainly” back the family’s campaign and “pay tribute to the bravery that Grace demonstrated whilst faced with perilous and terrifying circumstances”.
Rishi Sunak. Pic: PA
Mr Sunak’s spokesman noted that “decisions around the George Cross are made by an independent committee to review, and final decisions are then made by His Majesty the King”.
“But of course, the prime minister would support those nominations,” he added. “The leadership example [Grace] provided in that tragic circumstance was commendable and absolutely the PM would get behind that campaign.”
Ms O’Malley-Kumar was a first-year medical student who played for the England under-18s hockey team.
Grace O’Malley-Kumar with her family. Pic: Nottinghamshire Police
Her mum Sinead O’Malley said in an interview with The Sun: “The George Cross would be a remarkable acknowledgement of her bravery, for sure.
“Grace is never coming back to us, but we never want her to be forgotten, and this would certainly make sure she is remembered forever.”
Her father Dr Sanjoy Kumar said the award “would be an example to every other young person”, as her brother James hailed her a “hero”.
Tory MP Marco Longhi, who sits on the Home Affairs select committee, said Ms O’Malley-Kumar deserved the medal as she “showed selfless bravery”.
Grace O’Malley-Kumar’s parents outside Nottingham Crown Court. Pic: PA
David Morris, another Conservative MP, also called for her to be given the “ultimate honour”.
Her brother James, 17, had said in a previous interview with Sky News: “Grace’s last moments were in pain and that’s something that really hurts me to think about and she was a hero, that was her character.”
Read more:
Families traumatised by police messages about killings
Timeline of missed opportunities to stop Calocane
Her brother James said ‘she would never leave a friend’. Pic: PA
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He added: “She tried her best to save her friend. That was how Grace lost her life in the most vulnerable manner.
“She would never leave a friend, never, and that was very evident from her last moments. She passed fighting.”
James described his sister’s death as a “loss to the country” as he pointed to her riding a Vespa to a clinic to vaccinate hundreds of people during the COVID-19 pandemic, as well as her aspirations of serving as a medic in the armed forces.
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