Scotland Act 1998: Section 35 Power

Debate between Ben Bradshaw and Alister Jack

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

What I am doing here is addressing the legal issues as advised by legal counsel. The issue here is adverse effects on UK-wide legislation—the Equality Act 2010 and the Gender Recognition Act 2004. That is what I am entirely focused on.

[Mr Ben Bradshaw (Exeter) (Lab)]

I listened very carefully to what the Secretary of State said, but I did not hear a clear explanation as to why the Government believe that the Scottish gender recognition legislation conflicts with the UK Equality Act, because all it does is simplify and de-medicalise the process of transition; it does not change the status of somebody who has transitioned. That used to be Conservative party policy. It is also the policy of many other civilised countries—a growing number of countries. It is not good enough for him to say that he will publish something later today. He speaks for the Government, so he needs to be able to explain the rationale for this drastic move here to the House now. The Government also need to explain what they will do with all those foreign nationals who come from countries that already have some form of self-identification. Are the UK Government seriously going to take away their rights retrospectively?

[Mr Jack]

No, we are not. The Minister for Women and Equalities has provided a written ministerial statement on that. There are changes, which include 16 to 18-year-olds self-identifying without any medical diagnosis. But most importantly, in the legal advice that I have—this will be in the statement of reasons, but it is very detailed, so I do not want to bore everyone to death with it now—there is an adverse effect on two pieces of UK-wide legislation, and that is the reason why section 35 is deemed appropriate.