Scotland Act 1998: Section 35 Power

Christine Jardine Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

I do not recognise any of those remarks. This is about following legal advice—and not taking the decision lightly—on the adverse effects that this Bill has on two UK-wide, or GB-wide, Acts. That is the position we are in. We have written to the Scottish Government to explain our position. We will lay the statement of reasons later. This has nothing to do with trampling over transgender rights. This is entirely to do with following a legal process and taking the legal advice that we sought.

[Christine Jardine (Edinburgh West) (LD)]

The Secretary of State knows the value I place on the Union, so I am sure that he will understand how difficult this is for me. However, as a Scottish woman, as the mother of a Scottish daughter, and as someone who has campaigned and continues to campaign and work for women’s safety, I have heard the concerns. I have looked at every clause and amendment of this Bill and spoken with MSP colleagues from all parties, searching for the place where it undermines the Equality Act and the protections that Act offers me and every other woman I know, in single-sex and other spaces. I cannot find it. Some of the UK’s finest legal minds have pored over this hugely scrutinised Bill in great detail and found no conflict. What I can see is where the Bill guarantees that it will not challenge the primacy of the Equality Act. Can the Secretary of State point me to the exact lines of this Bill that he feels undermine my rights and those of every other woman, and justify why he is playing fast and loose with the Union and doing so much to hurt the most vulnerable people in our society?

[Mr Jack]

That is simply not true. I am looking to protect the vulnerable, as the hon. Lady will see. Legal opinion may well be divided on this, but the legal opinion we have taken is that there are adverse effects on the Equality Act and the Gender Recognition Act 2004. I note the First Minister’s comments earlier today that she intends to take this matter to judicial review; we will find out whether the court of opinion that I have been hearing is right or wrong when we go to the legal courts.