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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Yes. This is entirely a legal debate we are having. It is about the Scotland Act 1998, and we should not be bringing into it or politicising the transgender community. I was disappointed by the First Minister’s remarks yesterday. We respect those in that community and we value them. This decision is entirely about the legal advice I have received.

Ian Blackford Portrait Ian Blackford (Ross, Skye and Lochaber) (SNP)
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We often hear about respecting the Scottish Parliament, but does this not absolutely demonstrate that power devolved is power retained? We accept that the Secretary of State has the powers enshrined in the Scotland Act under section 35, but what he has just done is ignored the fact that parties that voted for this Bill in the Scottish Parliament had a manifesto commitment. The Bill has the majority support of the Scottish Parliament and this absolutely demonstrates to everybody in Scotland that if we want to protect our Parliament, to protect the rights of the Scottish Parliament to legislate on devolved matters, we have to take the threat of action away from the Secretary of State. The only way that we can protect our Parliament is by Scotland becoming independent.