Scotland Act 1998: Section 35 Power

Debate between Lord Offord of Garvel and Baroness Foster of Oxton

Wednesday 18th January 2023 Lords Chamber

[Lord Offord of Garvel (Con)]

I thank the noble and learned Lord for his contribution. As a former Supreme Court judge, he knows these matters very well. I completely agree that it would be a waste of public money to go to the courts. In fact, in pressing that button, it was almost as if that was anticipated. Therefore, we need to get around the table and discuss this issue. The UK Government have consulted on this matter, as we have said, over the last two years and believe that the legislation currently provides the right checks and balances. However, the Bill is obviously an attempt to move that legislation forward and therefore should be considered. The Equality and Human Rights Commission has concerns about the Bill, as do many others, and they are on the record. What that says to us is that this is a sensitive issue which requires further consultation.

[Baroness Foster of Oxton (Con)]

My Lords, the Government were absolutely correct in preventing this Gender Recognition Reform (Scotland) Bill gaining Royal Assent. Some 347 Bills have gained Royal Assent in the Scottish Parliament, so to take a step to prevent this one in particular shows that there is a clearly a problem. While MSPs and others fully support it, I do not believe that the majority of the Scottish people support it as it stands. There is an obvious and serious adverse impact on the operation of the Equality Act 2010. To suggest, for example, that a 16 year-old with no parental or medical support should be encouraged and lawfully allowed to change gender in weeks is a catastrophe in waiting.

For too long now, the safety and security of women and girls has been continually undermined. This situation is too important to ignore. Would the Minister agree that this issue needs much more discussion and that, as it stands, the Bill should not be allowed to gain Royal Assent at any cost?

[Lord Offord of Garvel (Con)]

I thank my noble friend, and I agree. We are in a situation now where we cannot proceed, on the basis that the Scottish Government have pushed forward with the Bill, it has come to us and we have to consider it under Section 35. It needs further consideration. That is why Section 35 has been triggered.