Highland MPs lash out at Westminster bid to block Gender Recognition Act
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Inverness and Nairn MP Drew Hendry has lashed out at what he calls the UK government's "full-frontal attack" on the Scottish Parliament.
It comes after it was confirmed Westminster would block the Gender Recognition Act (GRA) that sought to make it easier for people to change their legally recognised gender.
The Bill was bitterly contested in Holyrood in December with some 150 amendments tabled as many were concerned about the implications of the move, particularly related to women-only spaces and sexual predators pretending to be trans.
But it was finally passed by 86 votes to 39 by MSPs from the SNP, Greens, Liberal Democrats, Labour and Conservatives but the majority of Conservatives did vote against it.
Scottish Secretary Alistair Jack confirmed yesterday that he would seek to block the GRA becoming law.
He argued that the GRA would have a significant impact on UK-wide equalities issues “in Scotland, England and Wales" and "I have concluded, therefore, that this is the necessary and correct course of action.”
It is the first time in the history of devolution that a Scottish Bill has been blocked because it is perceived as having a negative impact on UK law – previous challenges were because MSPs exceeded their powers.
It makes a face-off between the UK and Scottish governments inevitable and it looks likely to end up in court.
Inverness, Nairn Badenoch and Strathspey MP Drew Hendry said "Westminster has launched a full-frontal attack on our democratically elected Scottish Parliament.
“They've been actively undermining the rights of Scotland's people for years; now they are going head-on – any pretence of respect for democracy is well and truly out the window.
He concluded: “Regardless of views on the issue, the vote was taken by the people the Scottish public voted into office to do just that. It is unacceptable – and what's next?"
Far north MP Jamie Stone joined the criticism of the UK government, saying: “Any Conservative that calls themself a Unionist should be hanging their head in shame.
"My proud signature is on ‘a Claim of Right for Scotland.’” he said. “The document that brought the Scottish Parliament into being. I served as a founder MSP for 12 years. I believe in devolution.
"How dare the UK government ride roughshod over the Scottish right to make Scottish laws for Scots?
"MSPs of all political colours voted in favour of this bill. For the UK government to interfere on devolved legislation is an affront to the Union and to democracy itself.”
But Highland Conservative MSP Jamie Halcro Johnston defended the move.
“Those claiming the UK Government’s decision to block the Gender Recognition Bill is either anti-democratic or anti-devolution are peddling utter nonsense," he said.
“The Section 35 powers used by the Secretary of State for Scotland are part the Scotland Act 1998 and therefore part of the devolution settlement.
"It is entirely right for the Scottish Secretary to use these powers when, as the law states, they have “reasonable grounds” to believe legislation from the Scottish Parliament would impact on reserved matters, in this case the operation of the Equality Act.
“The Scottish Government is still able to amend the legislation or to take a legal route to challenge the Section 35, as it will likely do.
"So far from claims this is another constitutional crisis, as predictably nationalists and others have called it, it is actually the agreed processes at work."
Scottish Trans, the trans equality project of LGBTI equality and human rights charity the Equality Network, has condemned the UK government’s announcement that it will seek to block the GRA.
Vic Valentine, Manager of Scottish Trans, said: “The bill as passed would introduce a simpler and fairer way for trans men and women to be legally recognised as who they truly are, allowing them to live with the dignity we all deserve.
“It was passed by the Scottish Parliament by 86 votes to 39, with the overwhelming support of the SNP, Labour, the Greens and the LibDems.
“That followed years of consultation, and lengthy Parliamentary consideration and debate. The bill covers matters that are devolved to the Scottish Parliament, and its consequences were considered by MSPs in great detail.”
