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.

Gender Recognition Reform (Scotland) Bill: Section 35 Power

Caroline Johnson Excerpts

Tuesday 17th January 2023 Commons Chamber

[Stephen Flynn]

Absolutely. I am confident that the people of Scotland will be watching and listening to Labour’s position. I am more than happy to let the hon. Member for Edinburgh South (Ian Murray) intervene if he so wishes. [Interruption.] No, he just wishes to chunter from a sedentary position.

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

I am listening to the hon. Member’s argument, which appears to be about democracy. In some respects, I can see the power of it, but I am a bit confused. It seems to me that the SNP, with representatives from Scotland, voted for the Scotland Act 1998 and for the section 35 measures that are being used today. Furthermore, they can be used today in the UK Parliament because the Scottish people voted to remain in the UK in a referendum just in 2014.

[Stephen Flynn]

With all due respect, I think that the hon. Member is missing the point. Democratically elected Members in Scotland’s Parliament have voted for legislation in a devolved competency and the UK Government—her party—are seeking to block that legislation. That is simply not fair, and it is not democratic in any way, shape or form.

What comes next in the continual democratic deficit we experience in these here islands? It is incumbent on reasonable Unionists, of whom I think there are many—I do not see very many in front of me, but I think there are many in society—to come forward.