Gender Recognition Reform (Scotland) Bill: Section 35 Power

Ian Blackford Excerpts

Tuesday 17th January 2023 Commons Chamber

[John Lamont]

We do have concerns. We believe that the creation of the two different processes for legal gender recognition in different parts of the UK will cause complications, which is why we have taken this action. If the right hon. Member does not agree with that assessment—if he disagrees with the reasons set out in our reasons paper—there is the opportunity to pray against the order, the opportunity to vote it down, and the opportunity of a judicial review of the decision-making process. Other options are open to the right hon. Member, enabling him to raise his concerns. The Government have taken their decision on the basis of the legal advice we have received, and we stand by that decision. The Secretary of State stands by that decision, and if Opposition Members disagree, they too have other options if they wish to challenge it.

I believe, and this Government believe, that transgender people deserve our respect, support and understanding. We have a long-established, world-leading equality framework that protects everyone, including transgender people, from discrimination, harassment and victimisation, and advances equality of opportunity for all. The section 35 power has always been part of the architecture of the devolution settlement because it is an integral part of the Scotland Act, which, as we have already heard, was supported at the time by all parties in the House. It provides a sensible measure to ensure that devolved legislation does not have adverse effects on reserved matters, including equalities legislation. As the Secretary of State has said, it is open to the Scottish Government to bring back an amended Bill for reconsideration in the Scottish Parliament that would deal with the concerns raised by this Government and many others about the impact this legislation would have.

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

The Minister has given it away: the Government have concerns. Well, there we have it. The Conservatives had their objections voted down in the Scottish Parliament, so the Minister is using the device of section 35. The statement of reasons is not worth the paper it is written on. The Minister knows that he can use his parliamentary majority in any praying motion to strike down an Act of the Scottish Parliament. What price Scottish democracy? What price the right of the Scottish Parliament to enact legislation based on the majority in that Parliament, based on a mandate given by the people of Scotland, which this Government are going to throw away because this Government and this Parliament know better? A Union of equals, Madam Deputy Speaker? You have to be joking.

[John Lamont]

As I have made clear repeatedly, it was always intended that at moments such as this, when unintended consequences of legislation being passed by the Scottish Parliament would have an impact across the United Kingdom, section 35 of the Scotland Act would give us the opportunity to act in this way. The letter from the Secretary of State to the First Minister is clear about the amendments that can be made to the Bill to allow it to be approved by the Scottish Parliament and to meet the concerns about the impact it will have on other parts of the UK. We want very much to work with the Scottish Government constructively to secure those amendments so that legislation that meets our concerns can be passed, and we hope that the First Minister and the Scottish Government will bring back the amended Bill for reconsideration by the Scottish Parliament.

I hope that Opposition Members will acknowledge that the United Kingdom Government have set out their desire to work with the Scottish Government to find a constructive way in which to amend this Bill so that it can be passed by the Scottish Government and given Royal Assent.

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[Douglas Ross]

I was not stalling. Indeed—[Interruption.] Well, I am sorry, but some people might say that the 12 or 15 points of order that we had earlier from SNP Members were stalling. I do not believe that; I believe they were politicians making a point in Parliament, just as, in the Scottish Parliament, we were looking at 150 amendments because the SNP had rushed this Bill through.

[Ian Blackford]

The hon. Gentleman brings up the 150 amendments, but that is the point: effective scrutiny took place. He and his colleagues and other parties tabled those amendments and they were looked at in the correct manner, and of course the Scottish Parliament had to take time to do that. We should be proud of that.

[Douglas Ross]

And I am—that is why I wanted that debate. That is why I am asking why we could not we have continued that debate into the new year. What was the big issue that caused the SNP and the Greens to force the Bill through by the end of the year?

I have a couple more points to make on the process in the Scottish Parliament. The leader of the SNP refused to even acknowledge that, while there are Members of all parties who supported the Bill, there were a significant number of SNP opponents to it. SNP Ministers resigned in Scotland as a result of this legislation.

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[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

It is a pleasure to follow my highland colleague, the hon. Member for Moray (Douglas Ross).

We have heard a lot about the passage of the Scotland Act 1998. It is probably worth reflecting on the fact that the Scottish Parliament has been in existence only since 1999. It is a very different Parliament from the one we have here, and it is elected under a very different system. The list system means that it is difficult for a party to achieve an overall majority. There have been seven elections to our Parliament, and although the SNP has been in government for the last four, we have had a majority in only one. To answer some of the comments made by my friend, the hon. Member for Edinburgh South (Ian Murray), the SNP Government have always had to try reaching a compromise and a consensus with other parties.

It is worth reflecting on how much the Scottish Parliament has done, working across parties, on the subject of equalities over those 23 years. We can be proud of the journey that Scotland has been on. And, my goodness, can we be proud of the Bill passed just before Christmas to give equality to trans people. That is really something that should gladden the hearts of us all. Members will recall what happened in that vote just before Christmas. MSPs from all parties voted for the legislation—a substantial majority of the Scottish Parliament. Of course, those parties were, in the main, elected with manifesto commitments to deliver that legislation. As has been referred to, that debate took place over a six-year period. We hear people talking about that legislation being rushed—my goodness.

There is an important principle here. Members know that the SNP has been here in substantial numbers since 2015. If I think back on everything that has gone on since that period and everything that has happened since the 2014 referendum, I remember that we have repeatedly been told that this is a family of nations, that Scotland was to lead the United Kingdom and that Scotland’s Parliament was to be respected. How many times have we been here and seen legislation passed without the consent of the Scottish Parliament, throwing away the Sewel convention that is supposed to protect the rights of the Scottish Parliament to give consent in devolved areas? We have seen it so many times. We have seen it with the European Union (Withdrawal) Act 2018, the United Kingdom Internal Market Act 2020, and the legislation we are debating tomorrow on EU laws. We saw the biggest disgrace yesterday over the issue of strikes.

[Alun Cairns (Vale of Glamorgan) (Con)]

Will the right hon. Gentleman give way?

[Ian Blackford]

Let me make some progress, then I will. We also need to think about what is happening here. This Bill has been passed by the Scottish Parliament, which has legislative powers and legitimacy. The Secretary of State is using powers given to him under the Scotland Act 1998 to strike down a Bill of the Scottish Parliament. And why is he doing that? Because of what is on this scrap of paper. It is simply not worth the paper it is written on. This is not about interfering with the powers of the UK Government or with legislation passed by the UK Government; this is simply about interfering with the Scottish Parliament. It makes the point to everybody back in Scotland that our Parliament has been under attack ever since 2015 and the SNP group’s presence here in such numbers. This is just the latest example.

The UK Government could have gone to court if they wanted, but they are using this legislation and the powers of the Secretary of State—a man who will disappear from this Chamber and end up in the unelected House of Lords—to stop and strike down a Bill of the Scottish Parliament that has been passed by a majority of MSPs. The UK Government are striking down a Bill that has the support of Members of every political party. What a disgrace. The message to the people of Scotland is this: if you want to stop the Secretary of State for Scotland interfering in our Parliament and you want to stop the UK Parliament denying our rights and our democracy, then friends, come with us and complete the journey. Scotland must become an independent nation.