Scotland’s new leader John Swinney: Gender recognition reforms ‘cannot be implemented’
Scotland’s new first minister has told Sky News that the controversial gender recognition reforms “cannot be implemented.”
John Swinney, who became first minister this week, has faced questions over his stance on gender recognition after MSPs voted in 2022 to pass a bill to make it simpler for people to change their gender without having to obtain a medical diagnosis.
The UK government blocked the bill from being made into law and the Supreme Court rejected a request by the Scottish government for a judicial review.
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Asked if he would be fighting to push the bill through, Mr Swinney told Sky News: “The reality of the situation we face is that the Supreme Court has said that we can’t legislate in that area. We can’t take forward that legislation.”
His predecessor Humza Yousaf had previously suggested he wanted to work with the UK Labour Party to amend the laws ahead of the general election.
Scottish ministers said the scheme, dubbed self-ID, was aimed at making life easier for the trans community but women’s campaigners said it threatened their rights.
Mr Swinney made former leadership contestant Kate Forbes his deputy this week, which has caused some consternation within the party as she previously said she would have voted against gay marriage but would not seek to overturn the law if she became first minister.
But Mr Swinney sought to reassure the LGBT community, saying he had voted for gay marriage and introduced inclusive education into schools when he was education secretary.
Kate Forbes said she would have voted against gay marriage
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Mr Swinney said: “I think what’s the most important thing that I can see is that to LGBT people in our society, the Scottish government is on their side.
“We have been on their side and we will be on their side in the years to come.”
A Scottish government spokeswoman said: “The Gender Recognition Reform Bill was passed by the Scottish Parliament.
“If the UK government lifted its legal block – the section 35 order – it would become law.
“The problem is that the current UK government has said they will not.
“The Scottish government’s position is simple – UK government should lift their section 35 order.
“They have made clear however that they will not, and until they do, it is simply not legal to implement the legislation.”
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Independence ‘can be achieved in five years’
Mr Swinney also said he believes Scotland could split from the rest of the UK in five years thanks to Brexit and the cost of living crisis.
He told Sky News: “I think independence can be delivered in that timescale because the arguments for it are compelling.
“If we look at two of the biggest issues we face as a country in Scotland; the effect of the cost of living and the implications of Brexit.
“Both of those are major strategic factors that are doing severe economic and social damage to Scotland because of bad decisions taken in Westminster.
“And independence is the answer to that.”
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‘Independence can be delivered in five years’
He said Scotland was “forced out of the European Union against our will” as a majority in the country voted to remain.
“If we’d been an independent country, we will be able to take part in Europe and not have all the damaging disruption that we faced,” he added.
Mr Swinney was deputy first minister under Nicola Sturgeon, who was leader of the SNP and first minister from 2014 to 2023 when she stepped down.
Ms Sturgeon wanted to use the next general election as a de facto second referendum on independence after the Supreme Court ruled a vote cannot be held without the UK government’s consent – but it is yet to be seen what Mr Swinney favours.
Representatives of the Bitcoin Policy Institute (BPI), a nonprofit Bitcoin advocacy organization, warned that US lawmakers have not included a de minimis tax exemption for Bitcoin transactions below a certain threshold.
“De Minimis tax legislation may be limited to only stablecoins, leaving everyday Bitcoin transactions without an exemption,” Conner Brown, BPI’s head of strategy, said on X, adding that the decision to exclude Bitcoin (BTC) is a “severe mistake.”
In July, Wyoming Senator Cynthia Lummis introduced a bill proposing a de minimis tax exemption for crypto transactions of $300 or less, with a $5,000 annual limit on tax-free transactions and sales.
The bill proposal also included tax exemptions for digital assets used for charitable donations and tax deferment for crypto earned through mining proof-of-work (PoW) protocols or staking to secure blockchain networks.
Allowing a tax exemption for small Bitcoin transactions would increase its use as a medium of exchange rather than just as a store of value asset, allowing a new financial system built on a Bitcoin standard, BTC advocates say.
The discussion around de minimis tax exemptions has also raised questions about whether such relief should apply to stablecoins, which are designed to maintain a stable value.
“Why would you even need a De Minimis tax exemption for stablecoins,” Marty Bent, founder of media company Truth for The Commoner (TFTC), wrote on X. “They don’t change in value. This is nonsensical.”
Cointelegraph reached out to BPI about the proposed legislation, but had not received a response at time of publication.
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Bitcoin is gaining value, but it isn’t being used as peer-to-peer electronic cash
The Bitcoin white paper, authored by its pseudonymous creator Satoshi Nakamoto in 2019, describes Bitcoin as a “peer-to-peer electronic cash system.”
However, relatively high transaction fees, average block times of about 10 minutes, and capital gains taxes on Bitcoin stifle BTC’s use as a payment method for goods and services.
Many Bitcoin investors choose to hold BTC for the long term, sometimes borrowing fiat currency against their BTC holdings to pay expenses and fund everyday purchases.
The Bitcoin Lightning Network is a second-layer protocol designed for BTC payments, which works by locking a specific amount of BTC in a payment channel between two or more people.
Users connected through a payment channel can conduct multiple transactions offchain, with only the final net balance recorded on the Bitcoin ledger for settlement once the channel is closed.
This makes Bitcoin transactions faster and cheaper, as the users in the payment channel do not have to wait for new blocks to be mined or pay a network fee for each transaction between parties in the channel.
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A US court is once again being asked to weigh in on maximal extractable value practices after a judge allowed new evidence to be added to a class-action lawsuit tied to a memecoin platform.
The judge granted a motion to amend and refile to include new evidence a class-action lawsuit against memecoin launch platform Pump.fun, the maximal extractable value (MEV) infrastructure company Jito Labs, the Solana Foundation, which is the nonprofit organization behind the Solana ecosystem, and others.
The motion said over 5,000 pieces of evidence in the form of internal chat logs were submitted by a “confidential informant” in September that were previously unavailable. The filing said:
“Plaintiffs assert that the logs contain contemporaneous discussions among Pump.fun, Solana Labs, Jito Labs, and others concerning the alleged scheme, and that they materially clarify the enterprise’s management, coordination, and communications.”
The lawsuit, originally filed in July, alleges that the Pump.fun platform deliberately misled retail investors by marketing memecoin launches as “fair,” but engaged in a scheme with Solana validators to front-run retail participants through maximal extractable value (MEV).
Maximal extractable value is a technique that involves reordering transactions within a block to maximize profit for MEV arbitrageurs and validators.
The plaintiffs allege that Pump.fun used MEV techniques to give insiders preferential access to new tokens at a low value, which were then pumped and dumped onto retail participants, who were used as exit liquidity by insiders.
Cointelegraph reached out to Burwick Law, the legal firm representing the plaintiffs, as well as Pump.fun, Jito Labs and the Solana Foundation, but did not receive any responses by the time of publication.
The lawsuit could set a precedent for MEV cases in the United States, as the ethics of the practice continue to be debated within the crypto industry and legal bodies struggle to define proper regulations about the highly technical subject.
Related: Pump.fun co-founder denies $436M cash out, claims it was ‘treasury management’
The MEV bot trial leaves questions unanswered
Anton and James Peraire-Bueno, the brothers accused of using a MEV trading bot to make millions of dollars in profit, went to trial in November in the US.
Prosecutors argued that the brothers tricked victims out of their funds, but defense attorneys said that they were executing a legitimate trading strategy and did not do anything illegal.
The jury struggled to reach a verdict in the case, and several jurors requested additional information to clarify the complexities surrounding the technical specifics of blockchain technology.
The case ended in a mistrial after the jury was deadlocked and failed to reach a verdict, highlighting the complexity of adjudicating legal disputes surrounding the application of nascent financial technology.
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Reports a female MSP had a secret recording device planted in her office by a member of her own staff are “completely and utterly unacceptable”, SNP leader John Swinney has said.
Scottish parliament officials are investigating the alleged bugging incident by a man, which is said to have taken place in 2023 at Holyrood.
The Scotsman newspaper reported the staffer is still involved with the SNP and moved on to work with a male MP after the issue came to light.
Sky News has yet to independently verify the details, but one senior party source with knowledge of events has said it is “100% true”.
The source alleges “the SNP did nothing; indeed he simply got moved and continued to be promoted by very senior members of executive”.
It is suggested the female MSP, who has not been publicly named, is liked, rated and respected by her colleagues.
The Scottish parliament building in Edinburgh. Pic: PA
First Minister Mr Swinney was stopped by reporters in Edinburgh on Thursday where he said he was “not familiar with all of the details… but that type of conduct is completely and utterly unacceptable”.
“Individuals are entitled to operate in an open and transparent environment that shouldn’t be subjected to that kind of behaviour,” he concluded.
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MPs and MSPs employ staff directly, rather than the political party.
Sky sources confirmed the victims of the incident had to get counselling in the aftermath before suggesting the SNP “definitely has a woman problem”.
The source claims it is “not a one-off incident”, adding: “Women are habitually treated differently.”
An SNP spokesperson said: “The SNP has no involvement in the employment processes of parliamentarians. That is a confidential matter between elected members, employees, and Scottish parliament authorities.
“The reports outline a very traumatic situation for those involved and nobody should ever have to experience fear or harassment for doing their job.”
Scottish Labour deputy leader Jackie Baillie said: “These jaw-dropping revelations pose serious questions for the SNP top brass.
“It appears a grave breach of privacy and potentially criminal behaviour has been swept under the carpet by the SNP.
“Once again it looks like the SNP chose to close ranks and protect their own, rather than dealing with serious misconduct head-on.”
A spokesperson for the Scottish parliament said: “Each MSP is an employer in their own right and is responsible for managing staff welfare issues and employment disputes.
“Complaints about staff conduct are investigated by an independent adviser, and it is for the member to act on their findings accordingly.
“As a matter of standard practice, we do not comment upon or confirm any individual cases.”
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