Gender Recognition Reform (Scotland) Bill: Section 35 Power

Christine Jardine Excerpts

Tuesday 17th January 2023 Commons Chamber

[Christine Jardine (Edinburgh West) (LD)]

rose—

[Douglas Ross]

I have two minutes left and a lot to get through, so I apologise to the hon. Lady for not giving way. I would have liked to hear from her, as a Liberal Democrat MP, because it seems that, both in Holyrood and here, the Liberal Democrats and Labour are supporting Nicola Sturgeon and the SNP on this.

I worry that the Scottish Government are treating the issue in the same way that they treated children and young people in passing the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill. We were told then that it was absolutely essential legislation. The Scottish Government then legislated under the competencies of the UK Government, and the UK Government took the Scottish Government to court. That was controversial at the time. Nicola Sturgeon said it was an “absolute outrage”. Yet after the Supreme Court ruling on 6 October 2021, which said that the legislation was flawed, the legislation went back to the Scottish Government and the Scottish Parliament.

What has happened since 6 October 2021? Well, let me tell the House. On 1 February 2022, the Deputy First Minister of Scotland, John Swinney, wrote to the Secretary of State for Scotland and said that the Scottish Government were looking to reintroduce the amended legislation to the Scottish Parliament. Given how important the UNCRC was to SNP Members and the SNP Government, can any SNP MP tell me when that Bill will be reintroduced to the Scottish Parliament?

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[Christine Jardine (Edinburgh West) (LD)]

It is a pleasure to follow the right hon. Member for Vale of Glamorgan (Alun Cairns), who says he is a Unionist—I have no reason to doubt that, but I assure him that I am as well. I assure all Government Members, including the leader of the Scottish Conservative party, the hon. Member for Moray (Douglas Ross), that my and my party’s objection is not to the existence of section 35, which we think is a good check and balance, or to the right of the UK Government to intervene when there is a genuine need. The fact is, however, that this is not the time, it is not the case, and it is not appropriate.

The Parliament of Scotland considered this very carefully. The hon. Member for Moray talked about the letter that pointed out potential problems with the Bill, but has it occurred to him that in the year—almost—between that letter arriving and the amendments being tabled, every conceivable situation was looked at and taken into account in the legislation passed by the Scottish Parliament? I asked the Secretary of State whether he could point out the section of the Bill that undermines my rights as a woman, my daughter’s rights as a woman or the rights of all the women I know and the children I know. He did not do so, but we have been directed to this flimsy, weak apology of a statement of reasons as the supposed justification for the section 35 order. To say it is weak is to flatter it.

Those of us on the Opposition Benches and some who support the Government have looked at this Bill in great detail. Our colleagues in the Scottish Parliament pored over it with a fine-toothed comb and considered 150 amendments. The Bill says that it will always guarantee the primacy of the Equality Act.

The Parliament of Scotland—the elected representatives of the people of Scotland—has made a considered decision on behalf of a very vulnerable section of our society. In doing so, it has made progress towards a society where those people feel respected, honoured and treasured in a way that, perhaps, they did not before. I am grateful to my colleagues in the Scottish Parliament for having done that for my fellow Scots.

I am disappointed that the United Kingdom Government have taken this completely inappropriate opportunity to stage a constitutional confrontation with the Scottish Parliament—and they should be sure that it is with the Scottish Parliament, not the Scottish Government. I ask that they carefully reconsider the damage that they are about to do to the Unionist cause in Scotland if they do not respect the wishes of the Scottish Parliament.

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[Craig Mackinlay (South Thanet) (Con)]

I am rather concerned that the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) might have a seizure at the end of my speech, but we will do our best to keep him calm.

I have the words of my hon. Friend the Member for Moray (Douglas Ross) ringing in my ears—that as the Bill was making its way through the Scottish Parliament, politicians received no legal advice such as that we have received today in the form of this good document, which, whether we agree with it or not, is available for analysis. It seems that as the Bill went through the Scottish Parliament, there was no such advice on overtones and issues regarding section 35 or the Equality Act 2010.

I do have issues with the whole concept of this—I am not going to stray into that too much, but I find the provision on the age of 16 scarcely believable. Even in Scotland a 16-year-old cannot drive or buy alcohol or cigarettes.

[Christine Jardine]

In Scotland a 16-year-old can vote and get married without parental consent—[Interruption.] And join the armed forces. I urge the hon. Gentleman to take credence of the actual situation in Scotland.

[Craig Mackinlay]

I was going to cover the things that people can do at 16. I understand that in education in Scotland, access for the armed forces to encourage a future and a career in the armed forces is actively discouraged, which is taking a lot of people away from credible and superb future employment. In Scotland—I always like to give the sunbed rule—someone cannot even go on a sunbed, and they cannot contract, yet here we are—[Interruption.] We all wanted to do lots of things aged 16. I rather wanted a tattoo and an earring, but here I am aged 56, and I am damn pleased I did not go down that route. It means that when I lie on beaches, most people sort of point at me say, “Look at that. There’s a guy without a tattoo on this beach.”

The other safeguards I am concerned about regard sex offenders. Are we really so naive as to think that those who are so minded will not exploit some of these rules to do things that we know they want to do? Are we so naive as to think that people will do the right thing in all circumstances? I am an absolute libertarian C4onservative and I have no interest in how people want to live—that is a matter for them. I have completely no interest, and I do not bring my opinions on it to this place for legislation. That is not my interest or concern. I steadfastly say that—people can do exactly as they please.