Scotland Act 1998: Section 35 Power

Kirsty Blackman Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

I entirely disagree. We are supporting the Union. The Scotland Act is what we believe in. Section 35 was democratically put there and we believe we must take the legal advice we have. People are telling me to read out the statement of reasons: the statement of reasons and my order have been submitted to the parliamentary authorities, and they will be available within the timeframe that those authorities decide to release them this afternoon. Hon. Members will be able to read everything they want to read there about the reasons behind the decision, but essentially it is about protecting and safeguarding women and children where we believe there are adverse effects.

[Kirsty Blackman (Aberdeen North) (SNP)]

Against a background of rising hate crime, my trans siblings will be horrified and terrified at the level of misinformation and lies in this Chamber today. Given that the Secretary of State has had a lot of legal advice on this, presumably he has also had briefings. Can he tell us what is the effect of a gender recognition certificate? What does it entitle someone to do?

[Mr Jack]

We believe, as the hon. Lady will see in the statement of reasons—I have made this point very clearly—that there is a reduction in safeguards for women and children. She will have plenty of time to read that today.

Points of Order

Kirsty Blackman Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Speaker]

If the Minister does not want to respond, I will answer it for him. Of course, you can ask any question. That is the whole idea of topicals—to keep the Minister alive and on his feet. It is not for me to apologise when a Minister cannot answer. Let us leave it at that.

[Kirsty Blackman (Aberdeen North) (SNP)]

On a point of order, Mr Speaker.

[Mr Speaker]

Is it on something I have already ruled? If so, I want to make progress, but if it is completely different, I will make a judgment in a second.

[Kirsty Blackman]

It is a different question. Given that we are going into this debate without having seen the statement of reasons, will you give us a measure of flexibility by still allowing us to speak if we need to nip out to get a copy, even if we miss a few seconds of the debate?

[Mr Speaker]

I am sure we could bring copies in for you—in fact, I see that Mr Hosie is already doing due diligence in delivering them, and quite rightly too.

Gender Recognition Reform (Scotland) Bill: Section 35 Power

Kirsty Blackman Excerpts

Tuesday 17th January 2023 Commons Chamber

[The Parliamentary Under-Secretary of State for Scotland (John Lamont)]

A short time ago, the Secretary of State for Scotland made a statement to the House regarding the Government’s decision to exercise a power under section 35 of the Scotland Act 1998 with regard to the Gender Recognition Reform (Scotland) Bill. For the benefit of Members who were not present at that statement, I shall summarise what action this Government are taking and why.

Today, the Secretary of State is making an order under section 35 of the Scotland Act 1998 preventing the Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent. As the Secretary of State said, this is the first time the power has been exercised, and it is not a decision that has been taken lightly. However, it is a decision based on the legislation’s consequences for the operation of reserved matters across Scotland, England and Wales, including on equality legislation.

The Scottish Government’s Bill would introduce a number of changes around gender recognition in Scotland. They include reducing the minimum age at which a person can apply for a gender recognition certificate to 16, and removing the need for a medical diagnosis and evidence of having lived for two years in their acquired gender.

[Kirsty Blackman (Aberdeen North) (SNP)]

On a point of order, Mr Speaker. Is it acceptable for the Minister to read out the statement that has already been made, changing the order of some of the sentences?

[Mr Speaker]

It is up to the Minister what he wishes to say.

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[Kirsty Blackman (Aberdeen North) (SNP)]

Let me start with an apology to all the trans people in Scotland who were hoping that they would be able to get the gender recognition certificate that they cannot currently get because they cannot provide thousands of pages of evidence, because they cannot go in front of a panel, and because they cannot obtain the medical diagnosis of gender dysphoria, which the World Health Organisation has said should not be necessary for a certificate. I want to apologise for the fact that we gave them that hope and the UK Government have dashed it again.

We are in a room full of cis people talking about the lives of trans people. That is what we are doing in this room: we are talking about the lives of other people, and about rights that do not affect us in our privileged, entitled position here. I want to know why the UK Government have suddenly decided that they are going to try to protect vulnerable women and children. They did not think like this when they were talking about the implementation of the rape clause, or when they were demonising migrants and refugees. They did not want to protect women and children until today, when it seems that they can suddenly use this wedge issue to attack trans people, and to demonise the Scottish Parliament and the Scottish Government for the decisions that we have taken to try to improve the lives of our trans constituents.

Earlier, when I asked Secretary of State what a gender recognition certificate does, he did not have the faintest clue, yet he has the power to veto this legislation from the Scottish Parliament. I have looked at the statement of reasons, and it contains no reasons for any impact on the lives of women and girls who are not trans. There is no such impact on their lives, because this is a manufactured grievance—the Labour party is absolutely correct about that. It is a grievance manufactured by the Conservatives, who are cynically using the lives of trans people to create this conflict.

A gender recognition certificate does not allow people access to bathrooms or changing rooms, and it does not allow them to change their passports or driving licences; they can do that without a gender recognition certificate. All the certificate does is allow people to live and die in dignity. It allows them to have the correct gender on their death certificates, and it allows their gender to be recognised by pension providers. It is something that trans people need and cannot currently obtain because of the massive barriers erected by the current Act. I am devastated that Conservative Members sitting over there are suggesting that we should even row back on that Act. What we should be doing is making life better for people and improving human rights, not dismantling them.

Scottish Referendum Legislation: Supreme Court Decision

Kirsty Blackman Excerpts

Wednesday 23rd November 2022 Commons Chamber

[Mr Jack]

Okay, so we have resorted to quoting Monty Python, which does not surprise me. I refer the hon. Gentleman to the answer I gave earlier.

[Kirsty Blackman (Aberdeen North) (SNP)]

The Secretary of State says that in order for there to be democracy, there needs to be cross-party support, and that there needs to cross-support in order for us to have an independence referendum, but there was not cross-party support for a Brexit referendum, austerity or the demonisation of immigrants. Why does the Conservative party get to be the arbiter of what does and does not require democratic support?

[Mr Jack]

As the hon. Lady knows, and as I have made very clear, we believe that the priority of people in Scotland is for the two Governments to work constructively and collaboratively together, in partnership.

Scottish Independence and the Scottish Economy

Kirsty Blackman Excerpts

Wednesday 2nd November 2022 Commons Chamber

[Ian Murray]

Let me make some progress. The time that I am taking is making you agitated, Mr Deputy Speaker.

[Kirsty Blackman (Aberdeen North) (SNP)]

Will the hon. Gentleman give way?

[Ian Murray]

I would prefer the hon. Lady to tell us about the SNP’s proposals rather than talking about the Labour party, but I am happy to give way if the SNP wants to continue this nonsense and charade.

[Kirsty Blackman]

The shadow Secretary of State is making the case, as a Labour politician would, for why Labour should be in charge. For two thirds of my lifetime we have had a Conservative Government for which Scotland has not voted. How does the hon. Gentleman expect the next 36 years to be any different from the past 36?

[Ian Murray]

As for the other third of the hon. Lady’s life, the UK Labour Government transformed it. That is why we want to create a UK Labour Government who can do things for the whole United Kingdom.

--- Later in debate ---

[Kirsty Blackman (Aberdeen North) (SNP)]

When I joined the SNP more than 20 years ago, I did so because I wanted Scotland to become an independent country. I believe that the people of Scotland should be able to make the important decisions on the issues that matter to us. It was not all that long after the reopening of the Scottish Parliament, and devolution was still finding its feet. It was also not that long after we had managed to extricate ourselves from 18 years of Tory rule—18 years of Tory Governments, who Scotland had not voted for since 1955.

In the time since I joined the party, we have had another 12 years of Conservative government Scotland has not voted for. I honestly thought that it could not get more damaging, and that we could not have a more damaging Government and a more damaging Prime Minister, than what we experienced during the Margaret Thatcher era. Then David Cameron said “Hold my beer”, and had the Brexit referendum. Then the right hon. Member for Maidenhead (Mrs May) said “Hold my beer”, demonised immigrants and put in motion the hardest possible Brexit. Then the right hon. Member for Uxbridge and South Ruislip (Boris Johnson) said “Hold my beer”, and destroyed what little faith the public had left in politicians being honest. Then the right hon. Member for South West Norfolk (Elizabeth Truss) said “Hold my beer”, and crashed the economy. If the current Prime Minister asks someone to hold his drink, I recommend running a mile. Scotland has not voted for any of this chaos. We did not vote for a Brexit referendum, we did not vote for Brexit, we welcome immigrants—and we do not vote Tory.

Our Scottish Government are consistently having to mitigate Tory-inflicted hardships in order to offer some measure of protection for our constituents, and I will make no apology for making the wellbeing of the people of Scotland my ideological mission. Because of the decisions of the UK Government we did not vote for, four out of 10 on those on universal credit skipped meals this summer. Mortgage rates have soared £6,700 a year on average. Since last year, energy costs have gone up £1,200, while pasta costs 60% more and bread costs 40% more. The UK Government have capped benefits and reneged on the pensions triple lock—and we did not vote for this. The people of Scotland and the country of Scotland cannot afford to be part of this Union.

[Mhairi Black]

As my hon. Friend will be aware, during the last referendum campaign we were continually told that we were in a Union of equal partnership. As she has touched on, even if every single seat in Scotland—all 59 seats—was SNP, the city of London, for instance, has 73 MPs. Is that not ridiculous, and how can this ever be a Union of equals if the second largest nation of that Union can be outvoted by one city?

[Kirsty Blackman]

My hon. Friend is absolutely correct, and she lays out very clearly the democratic deficit facing Scotland.

We cannot afford to continue having our resources squandered by Westminster. We cannot afford to go without energy market reform. We cannot afford trickle-down economics. We cannot afford the UK’s xenophobic immigration policy. We cannot afford to keep people having no recourse to public funds, which is making some of the poorest people in the UK even poorer still. We cannot afford a UK Government who refuse to increase the minimum wage. We cannot afford to keep having our workers’ rights stripped. We cannot afford locally—the hon. Member for Banff and Buchan (David Duguid), who has just stepped out, mentioned this—to have a UK Government who refuse to match Scotland’s funding for our £500 million just transition fund.

This UK Government are failing to tackle the issues that are facing our constituents. It is a joke that they keep mentioning the £37 billion support package. It is a joke that they keep mentioning people being £1,000 better off. For some unknown reason, the UK Government have included a freeze on alcohol duty in their £37 billion calculation. On what planet does that help people to pay their fuel bills or feed their children? People are not £1,000 better off as a result of the energy support provided. The average household is still paying double what it was paying last year. Where does the Prime Minister expect people to find the extra money?

A quarter of people across these islands have got no savings. With borrowing costs rocketing, people are spiralling quickly into unmanageable levels of debt, and that is only set to get worse as the cold weather kicks in. We have consistently voted against that, yet the larger size of England means that we are consistently burdened with Westminster Governments who do not care. Owen Jones published a video that he made during the Tory party conference. He pointed out that mortgage rates are going to go up as a result of the mini-Budget. The Tory party member he was interviewing replied, “I don’t have a mortgage.” That is the attitude we are faced with in the Conservative party. Many Tory party members and donors are doing all right, Jack, so why bother taking action? Our constituents are scared, and the UK Government are refusing to provide adequate help or certainty. The Prime Minister will not even commit to the triple lock or to uprating benefits in line with inflation.

My colleagues have spoken about Scotland’s potential. We have so many resources. We can lead the world in the deployment of renewables, and we can reach our economic potential. We have the best educated population in Europe. We have the talent and the potential, and we are not, as my hon. Friend the Member for Perth and North Perthshire (Pete Wishart) said earlier, singularly unable to flourish as an independent country. An independent Scotland would use its potential to ensure minimum living standards. How is it that in 2022 we are having to say that? Why are we being approached by constituents who have nothing, and who are experiencing poverty that has not happened in this widespread way during my lifetime? Before this cost of living crisis, some people were living below the destitution line, despite being in receipt of social security. Other European countries have stepped up and provided far higher levels of support to ensure that people can live through this crisis.

What are the people of Scotland doing about this? We are consistently exercising the democratic rights that we have to vote for the SNP. We have a majority of independence-supporting MSPs in the Scottish Parliament, and we had our best ever council elections this year. We have been the third largest party in Westminster for seven years, despite standing in less than one tenth of the seats. Yet the Westminster Government suggest that we have no mandate. I will say who has no mandate—the Tories. They have no mandate to inflict Tory economic policies on our population. They have no mandate for xenophobic immigration policies, and no mandate for cutting social security. If this is a voluntary Union of nations, why are the UK Government not respecting the mandate given by the people of Scotland to the Scottish Parliament to hold a referendum? Why have we had to go to the Supreme Court to assert our right to hold the referendum, and how can the UK Government justify arguing against that? This is not about identity; this is about democracy. Scotland has voted for the right to choose our own future, and we will do everything possible to ensure that happens.

--- Later in debate ---

[Mr Perkins]

Thank you, Madam Deputy Speaker. During that Scottish referendum, I was in Edinburgh, Cumbernauld, West Dunbartonshire, Airdrie and Falkirk, and I spoke to people about the issues and about how much I hoped that they would choose to stay in the United Kingdom. The people I spoke to on the doorsteps were pleased to debate the subject. Lots of them voted to stay in the UK and lots voted otherwise. Virtually all those constituencies ended up voting overall to stay in the UK, but they recognised that not only was this a matter on which the people of Scotland would decide, but that the matter was of interest to people across the United Kingdom.

The basic assertion that the Scottish National party made—that an independent Scotland would be part of the EU but that it would take the pound and, at some point in future, have a Scottish pound—has been absolutely blown to pieces by my hon. Friend the Member for Edinburgh South. That was clear for everyone to see, and the momentary quiet that descended among those on the SNP Benches when he was making his case spoke volumes.

We have heard from SNP Members—

[Kirsty Blackman]

Will the hon. Member give way?

[Mr Perkins]

I will, because I was about to refer to the hon. Lady’s speech, so that is perfect timing.

[Kirsty Blackman]

I am very pleased that the hon. Member has given way. Is he aware that if all the 1 million people in Scotland who voted to leave the EU had voted to remain in the EU—if we had had a remain vote of 100%—we would still have lost the referendum?

[Mr Perkins]

That is an important point. I could make the same point about the response in Chesterfield. Of course, this was a vote for the entire United Kingdom. However, I want to respond to something else that the hon. Lady said; although I disagree with her conclusions, I thought that she made an excellent speech. On her point about the independence referendum, when I was up in Scotland for that, it was said very clearly by Alex Salmond, and it was very clearly understood by the people of Scotland, that that was a once-in-a-generation referendum. That was said strongly.

The hon. Lady has spoken powerfully about the mandate that the SNP has won by getting Members of Parliament elected to this place. Is she making the case that we should have had another referendum after the 2015 election, another after the 2017 election and yet another after the 2019 election? Every time the SNP has a majority of MPs in Scotland, should we have another referendum? If not, how often should we have these referendums?

We all know that if the 2014 referendum had had a different result and people had voted for independence, there would have been no second referendum. There might have been a 0.1% majority, but it would not have mattered: that would have been enough to say, “We have heard the voice of the people.” But the referendum was lost by more than 10%, and there was an immediate demand for a second one. How often do we have to have these referendums? If the independence campaign wins the next one, does the hon. Lady want the best of three?

[Kirsty Blackman]

I was talking about the different ways in which Scotland has given us a mandate for an independence referendum. When SNP candidates stood for the Scottish Parliament in 2021, the SNP committed explicitly in our manifesto to a referendum on independence. The Scottish people have chosen to have that referendum by voting for independence-supporting parties. If that is not the route for the Scottish people to have an independence referendum, what does the hon. Gentleman think their route to choosing a referendum should be?

[Mr Perkins]

I notice that the hon. Lady has answered my question with a question. My question was a very specific one: how often will we have this referendum? It is not for me to set the terms of a referendum, but I do think that things would be very different if opinion polls showed that the view of the Scottish people had massively changed since 2014. I could not ignore that, because this is a question for the Scottish people.

When the opinion polls turned in 2020, showing more Scottish people in favour of independence, we heard about them all the time. Everyone was always saying, “Oh, the latest polls say this.” Then I thought to myself, “Everyone seems to have gone a bit quiet about the polls. Why aren’t they mentioning them?” I had a little look on my phone. Of the last 19 opinion polls, including the most recent one paid for by the Alba party, only one showed majority support for independence. Of the last 44 opinion polls, only four have shown a majority for independence. If there had clearly been an overwhelming shift in opinion that had not been reflected, things would be different, but there has not. The truth is that opinion polls suggest that we are broadly in a similar place.

It is a shame that the hon. Lady did not respond to my question. If 2014 was not once in a generation, as the people of Scotland were clearly told at the time, when will be? When will enough be enough?