Scotland Act 1998: Section 35 Power

Amy Callaghan Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

I thank my hon. Friend for that. This is absolutely about safeguards and protecting safe spaces for women and children. She is absolutely right about that, and she also makes the point about the risk of lowering the bar for bad faith actors.

[Amy Callaghan (East Dunbartonshire) (SNP)]

Enacting section 35 is disgraceful and unprecedented, and doing so brings the risk of this political tactic being used again. Does the Secretary of State envision section 35 being used against any other Bills progressing through Holyrood? If not, why is it being used only against this Bill?

[Mr Jack]

The hon. Lady is right to say that this is unprecedented and there is a very high bar here; this was not a decision I reached easily or took lightly. However, the legal advice was very strong and it was for section 35 to be used, and I have used it. As I said earlier, 347 Acts have gone through the Scottish Parliament in the past nearly 24 years. The system works and the Scotland Act 1998 works. Whether the SNP likes it or not—let us remember that the SNP did vote for it in 1998—it does provide for a section 35 order, and it is for this type of event.