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.
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.
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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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.
Thousands of farmers from across the UK are expected to gather outside Downing Street today – in the biggest protest yet against the government’s changes to inheritance tax rules.
The reforms, announced in last month’s budget, will mean farms worth over £1m will be subject to 20% inheritance tax from April 2026.
Farmers say that will lead to land being sold to pay the tax bill, impact food security and the future of British farming.
The Government insists it is “committed” to the farming industry but has had to make “difficult decisions”.
Farmers from Scotland, Northern Ireland, Wales and England will arrive in London to hear speeches from agricultural leaders.
Sky News understands TV presenter and farm owner Jeremy Clarkson, Conservative Party leader Kemi Badenoch and Lib Dem leader Ed Davey will also address crowds.
Protestors will then march around Parliament Square.
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‘It’s really worrying’
“It’s unfortunate, as Labour had originally said they would support farmers,” said fourth-generation farmer Will Weaver, who is attending today’s rally.
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His 500-acre cow and sheep farm in South Gloucestershire has been in his family since 1939.
“We’ve probably buried our head in the sand a little bit. I think, back of a fag-packet rough estimates, tax is going to be north of half a million [pounds].”
The government is keen to stress that farmers will get a decade to pay the bill – but that comes as little comfort to Will: “It’s more than our profit in any year that we’ve had in the last 10 years. Dad’s saying we’ll have to sell something. I don’t know if we’ll be able to raise that sort of money through a mortgage. It’s really worrying.”
The Treasury says only the wealthiest estates, around 500 of them, will have to pay under the new rules – claiming 72% of farms won’t be impacted.
But farmers say that calculation is incorrect – citing that DEFRA’s own figures show 66% of farms are valued at over £1m and that the government has undervalued many estates.
At the same time as the rally, the NFU is addressing 1,800 of its members in Westminster before they lobby MPs.
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The president of the National Farmers’ Union says farmers are feeling
‘Understanding has been betrayed’
Max Sealy represents the NFU Dairy Board in the South of England.
“We have a detailed job to do to explain why this is wrong not just for farming, not just for the countryside and not just for our families, but for the economy in general,” he said.
“This is a bad tax – it’s been badly implemented because it will affect growth productivity in the country.”
He told Sky News Labour made promises to farmers ahead of the election.
“Both Steve Reed and Keir Starmer came to our conference two years ago and told us farming wasn’t a business like any others and that he understood the long-term nature of farming – that understanding has been betrayed,” he said.
In a joint statement, Chancellor Rachel Reeves and Secretary of State for Environment, Food and Rural Affairs Steve Reed said: “Farmers are the backbone of Britain, and we recognise the strength of feeling expressed by farming and rural communities in recent weeks. We are steadfast in our commitment to Britain’s farming industry because food security is national security.
“It’s why we are investing £5bn into farming over the next two years – the largest amount ever directed towards sustainable food production, rural economic growth and nature’s recovery in our country’s history.
“But with public services crumbling and a £22bn fiscal hole that this Government inherited, we have taken difficult decisions.
“The reforms to Agricultural Property Relief ensure that wealthier estates and the most valuable farms pay their fair share to invest in our schools and health services that farmers and families in rural communities rely on.”
A Met Police spokesperson said it was “well prepared” for the protest and would have officers deployed to ensure it passes off “safely, lawfully and in a way that prevents serious disruption”.