Scotland Act 1998: Section 35 Power

Debate between Alister Jack and Tonia Antoniazzi

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

We are fortunate to have among us a colleague of great political sagacity who was there when the legislation was debated. He is right that that democratic Bill went through Parliament with the support of all parties. Section 35, the instrument we are using today, is part of that Bill brought forward by the Labour party and supported by the Scottish National party back in 1998.

[Tonia Antoniazzi (Gower) (Lab)]

Whatever our views about the Gender Recognition Reform (Scotland) Bill, Nicola Sturgeon’s obsession with independence has clouded her judgment and she is showing disregard for the rest of the United Kingdom and its laws. Her own party voted in favour of including section 35 in the Scotland Act. The rights of women and other vulnerable groups should not be pawns in her constitutional game.

Does the Secretary of State agree that invoking section 35 of the Scotland Act is deeply unfortunate but is, however, necessary because the GRR Bill does not take due consideration of UK-wide laws, and that it is Nicola Sturgeon who is failing to respect devolution and the UK-wide Equality Act with her dangerous actions?

[Mr Jack]

I absolutely agree. I thank the hon. Lady for her comments. As will be in the statement of reasons, we do not believe there are sufficient protections and safeguards for women and children in the GRR Bill.