Scotland Act 1998: Section 35 Power Debate

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Department: Scotland Office
Tuesday 17th January 2023

(1 year, 11 months ago)

Commons Chamber
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Alister Jack Portrait Mr Jack
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My hon. Friend makes a very fair point. For me, this is not about anything other than following the legal advice on the adverse effects on UK-wide equality legislation, which of course involves safe single-sex spaces.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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Clearly, as we have heard, there is disagreement about the process contained within the legislation that the Scottish Parliament has passed. Will the Secretary of State clarify something? Whether or not one agrees with that, the net result is that someone would be issued with a gender recognition certificate. In evoking section 35, the Secretary of State argues that this would have serious adverse impacts on the operation of the Equality Act. Can he explain why the same certificate issued under the Equality Act 2004 does not have those adverse impacts?