Gender Recognition Reform (Scotland) Bill: Section 35 Power

Chris Bryant Excerpts

Tuesday 17th January 2023 Commons Chamber

[Stephen Flynn]

Indeed. As we are looking for reasonable Unionists, they are clearly not found on the Labour Benches. If the shadow Secretary of State wants to clarify that that is not the case, then I am more than happy for him to do so, but I will be unsurprised if he does not.

[Sir Chris Bryant (Rhondda) (Lab)]

I am very reluctant to be goaded by the SNP, but none the less here we are.

Just to be clear, I certainly wanted to make sure that there is a proper gender recognition plan across the whole United Kingdom, because I am sick and tired of people setting women’s rights against trans people’s rights. That is where I want to get to and I am looking for solutions to that problem, not anything else.

[Stephen Flynn]

I respect the sincerity with which the hon. Gentleman delivers his points in that regard and I see a lot of hon. Members nodding. Well, if that is the case, I am sure he will support us, because we have a solution in Scotland. That solution is the legislation put forward in the Scottish Parliament, which has received democratic support in the Scottish Parliament and which this UK Government are blocking. He should share my anger, and I hope the anger of his colleagues in the Scottish Parliament, on that particular point.

It is a rarity in this place—I am sure she will forgive me—that I agree with some of the comments made by the hon. Member for Edinburgh West (Christine Jardine). We heard from her earlier about the difficulty this situation is causing her in respect of the Union. Hers is the sort of voice we need to hear at this moment in time—the voices of reasonable Unionists about where they seek to go. If this is a Union of equals, as it is portrayed, and if Scotland’s Parliament is to be the most powerful devolved legislature in the world, as we are often told it is, then why is the section 35 order being used?

--- Later in debate ---

[Ian Murray (Edinburgh South) (Lab)]

I think that the time the Minister took to respond to the motion shows that the Government do not have much to say about this particular issue—or perhaps the Minister did not get the statement of reasons either, in relation to what the Government were actually proposing.

May I begin by restating, once again, that this Labour party is the party of devolution and the party of equality? It will not be lost on many that all the Acts we are discussing today—the Scotland Act 1998, the Equality Act 2010 and the Gender Recognition Act 2004—were Labour Bills that we introduced for the advancement of devolution and equality in this country. It is difficult to conclude anything other than that today’s debate is about two Governments who are incapable of working together.

I have read, or skimmed, the 13 pages of reasons—the farce that we have had trying to get these reasons today is part of this debate—and when I got to the end, my initial reaction was, “What are the Government going to do about it?” They cannot just bring an unprecedented section 35 order to this House and lay out reasons, then get to the end of those reasons and decide what to do about it. As we stand here today, the Gender Recognition Reform (Scotland) Bill is dead unless both Governments can come together and resolve the perceived issues, or otherwise.

[Sir Chris Bryant]

I wonder whether my hon. Friend has looked at paragraph 3. The Minister, who was not taking interventions earlier, suggested that all the Scottish Government had to do was bring forward a Bill with amendments, but as far as I can see they would have to come forward with a Bill that did not have anything in it. Is not that the only Bill that the Westminster Government would accept, if we go by the amendments suggested in paragraph 3?

[Ian Murray]

That is where we get to the crux of this process. My hon. Friend the Member for Rhondda (Sir Chris Bryant) made a similar point earlier about wanting to make sure that trans rights and women’s rights were protected in this country, and about doing it properly. This is certainly not the way to do it. We will now have a process whereby the First Minister and the Scottish Government will take the UK Government to court on the basis of these reasons and the unseen legal advice, and the courts will have to decide whether the reasons that the UK Government have put forward are legitimate and reasonable in terms of the bar they have to reach—namely, that there would be adverse consequences for reserved legislation. I think that at the end of that process the courts will have to resolve these arguments because both Governments are unwilling to do so together.

--- Later in debate ---

[Ian Murray]

The right hon. Gentleman makes a valuable intervention. I am getting all the questions on the adverse effects, but this is a Government document. What we have missed in the debate over the past few months is that people in this country currently have gender recognition certificates under a different process, and the IT systems have to deal with that. How a person gets a gender recognition certificate is the argument here, not how they are implemented, because we implement them already.

[Sir Chris Bryant]

On how people get a gender recognition certificate, the key thing is that we should take the suggestion that it is a pathology out of the process. I do not want it to feel like we are treating trans people as if they have a pathological condition. Is that not the key thing we need to change?

[Ian Murray]

Yes, I agree. That should be part of this argument. We should be taking pathology out of the process, as this is not a medical disorder.

I wish we were having a debate about all these things, as we should be, rather than having a constitutional debate between two Governments who want not to resolve these issues but to fight about them in different ways.