Humza Yousaf launches fresh challenge against UK as SNP set to go to war over gender reform bill

Scotland Secretary of State Alister Jack launched the Section 35 order – which has never been used before – over fears the legislation could interfere with reserved equalities legislation.

The Gender Recognition Reforms (Scotland) Bill removes the need for a medical diagnosis of gender dysphoria to acquire a gender recognition certificate (GRC).

It also reduces the minimum age for applicants to 16 and lowers the time required for an applicant to live in their preferred gender from two years to three months.

The bill was passed by the Scottish Parliament on 22 December 2022 by 86 to 39 with members of all parties supporting the legislation.

In January 2023, the UK Government used Section 35 of the Scotland Act 1998 to stop the Bill being put forward for Royal Assent.

Somerville said the review should provide “clarity on the interpretation” of the Section 35 powers and its impact on devolution.

She said: “The Gender Recognition Reform Bill was passed by an overwhelming majority of the Scottish Parliament, with support from members of all parties.

“The use of Section 35 is an unprecedented challenge to the Scottish Parliament’s ability to legislate on clearly devolved matters and it risks setting a dangerous constitutional precedent.

“In seeking to uphold the democratic will of the Parliament and defend devolution, Scottish ministers will lodge a petition for a judicial review of the Secretary of State for Scotland’s decision.

“The UK Government gave no advance warning of their use of the power, and neither did they ask for any amendments to the Bill throughout its nine month passage through Parliament.“

"Our offers to work with the UK Government on potential changes to the Bill have been refused outright by the Secretary of State, so legal challenge is our only reasonable means of resolving this situation.

“It is important to have clarity on the interpretation and scope of the Section 35 power and its impact on devolution. These matters should be legally tested in the courts.”

Scotland Secretary of State Alister Jack said the UK Government intends to “robustly defend” the GRR legal challenge.

He said: “The UK Government will robustly defend the decision to prevent the Scottish Government’s Gender Recognition Reform Bill from becoming law.

“I made the order under section 35 of the Scotland Act 1998 after thorough and careful consideration of all the relevant advice and the policy implications.

“I was very clear in the accompanying statement of reasons how the Bill would have an adverse effect on reserved matters, including on the operation of the law as it applies to Great Britain-wide equalities protections.

“The use of the power is entirely within the devolution settlement as set out from its inception, with cross party support.”