Scotland Act 1998: Section 35 Power

Caroline Johnson Excerpts

Tuesday 17th January 2023 Commons Chamber

[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.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

There will be those in this House who agree and those who disagree with the substance of the Gender Recognition Reform (Scotland) Bill. However, the SNP surely knew, as it rushed that legislation through Holyrood, that it would bring it into direct conflict with UK Parliament legislation and with the devolution agreement. Indeed, some may speculate that that was the SNP’s intention. Does my right hon. Friend agree that the SNP should respect the devolution agreement that it voted for and not use women, girls or transgender individuals as pawns in its separatist agenda?

[Mr Jack]

Yes. This is entirely a legal debate we are having. It is about the Scotland Act 1998, and we should not be bringing into it or politicising the transgender community. I was disappointed by the First Minister’s remarks yesterday. We respect those in that community and we value them. This decision is entirely about the legal advice I have received.