Gender Recognition Reform (Scotland) Bill: Section 35 Power

Alun Cairns Excerpts

Tuesday 17th January 2023 Commons Chamber

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

It is a pleasure to follow my highland colleague, the hon. Member for Moray (Douglas Ross).

We have heard a lot about the passage of the Scotland Act 1998. It is probably worth reflecting on the fact that the Scottish Parliament has been in existence only since 1999. It is a very different Parliament from the one we have here, and it is elected under a very different system. The list system means that it is difficult for a party to achieve an overall majority. There have been seven elections to our Parliament, and although the SNP has been in government for the last four, we have had a majority in only one. To answer some of the comments made by my friend, the hon. Member for Edinburgh South (Ian Murray), the SNP Government have always had to try reaching a compromise and a consensus with other parties.

It is worth reflecting on how much the Scottish Parliament has done, working across parties, on the subject of equalities over those 23 years. We can be proud of the journey that Scotland has been on. And, my goodness, can we be proud of the Bill passed just before Christmas to give equality to trans people. That is really something that should gladden the hearts of us all. Members will recall what happened in that vote just before Christmas. MSPs from all parties voted for the legislation—a substantial majority of the Scottish Parliament. Of course, those parties were, in the main, elected with manifesto commitments to deliver that legislation. As has been referred to, that debate took place over a six-year period. We hear people talking about that legislation being rushed—my goodness.

There is an important principle here. Members know that the SNP has been here in substantial numbers since 2015. If I think back on everything that has gone on since that period and everything that has happened since the 2014 referendum, I remember that we have repeatedly been told that this is a family of nations, that Scotland was to lead the United Kingdom and that Scotland’s Parliament was to be respected. How many times have we been here and seen legislation passed without the consent of the Scottish Parliament, throwing away the Sewel convention that is supposed to protect the rights of the Scottish Parliament to give consent in devolved areas? We have seen it so many times. We have seen it with the European Union (Withdrawal) Act 2018, the United Kingdom Internal Market Act 2020, and the legislation we are debating tomorrow on EU laws. We saw the biggest disgrace yesterday over the issue of strikes.

[Alun Cairns (Vale of Glamorgan) (Con)]

Will the right hon. Gentleman give way?

[Ian Blackford]

Let me make some progress, then I will. We also need to think about what is happening here. This Bill has been passed by the Scottish Parliament, which has legislative powers and legitimacy. The Secretary of State is using powers given to him under the Scotland Act 1998 to strike down a Bill of the Scottish Parliament. And why is he doing that? Because of what is on this scrap of paper. It is simply not worth the paper it is written on. This is not about interfering with the powers of the UK Government or with legislation passed by the UK Government; this is simply about interfering with the Scottish Parliament. It makes the point to everybody back in Scotland that our Parliament has been under attack ever since 2015 and the SNP group’s presence here in such numbers. This is just the latest example.

The UK Government could have gone to court if they wanted, but they are using this legislation and the powers of the Secretary of State—a man who will disappear from this Chamber and end up in the unelected House of Lords—to stop and strike down a Bill of the Scottish Parliament that has been passed by a majority of MSPs. The UK Government are striking down a Bill that has the support of Members of every political party. What a disgrace. The message to the people of Scotland is this: if you want to stop the Secretary of State for Scotland interfering in our Parliament and you want to stop the UK Parliament denying our rights and our democracy, then friends, come with us and complete the journey. Scotland must become an independent nation.

--- Later in debate ---

[Alun Cairns (Vale of Glamorgan) (Con)]

I rise to contribute to this debate as a passionate Unionist, like many Members on the Government Benches. I am concerned about any legislation that could undermine the settlement in the Union of the United Kingdom. I say that as a former Secretary of State who took a devolution Bill through Parliament and was in the Cabinet when the last Scotland Act 2016 went through Parliament. Having served in a devolved Administration, I understand the genuine objectives and support that the devolved Administrations hold.

The principle of one legislature intervening on another legislature could be a dangerous precedent. My starting point would to be to have sympathy with what the Scottish nationalists are claiming and doing, and to understand the points of some of them that it could be a dangerous precedent. But section 35 is not about gender recognition and all the sensitivities that are associated with that. This is about the process of good lawmaking, providing clarity and providing satisfaction under the Equality Act 2010. That is something we should all be concerned about because of the people who would make use of the Equality Act due to their vulnerability and the appalling way in which some of them will have been dealt with previously.

The synthetic anger that comes from the SNP Benches troubles me. The reality is that the SNP often refers to the courts in order to clarify the devolved settlement, and that is fine and in order and provides ultimate clarity. We all know that this section 35 order will still end up in the courts, so why is there so much synthetic anger around that? That will provide clarity on this. If they have so much confidence in waving the statement of reasons around and saying it is worthless, that will be the finding in the court.

Let us concentrate on the process of good lawmaking, where one legislature has respect for the other. If there is a genuine concern, the SNP should respond to the invitation made by the Secretary of State, so that the leaders of both legislatures can get together to debate, discuss and seek to deliver a positive outcome. This is about the outcomes, not the synthetic anger and noises from SNP Members.

I turn to the Labour party. I am sorry that the shadow Secretary of State, the hon. Member for Edinburgh South (Ian Murray), is not in his place, because I am really disappointed by the approach that the Labour party is taking on this. It has been criticised and called different names, and legitimately so; I say that with no gratification or pleasure. I thought the Labour party was a Unionist party and would want the law to be respected and section 35 to be used for the very reason that it lays down, but the shadow Secretary of State sought to manufacture all sorts of nonsense around this debate, rather than recognising the legitimate concerns that exist. Surely the Labour party wants to see a good lawmaking process. There is a time when process and principle matter to secure good legislation and—I say this to those on the Labour Benches—to secure the Union.