Gender Recognition Reform (Scotland) Bill: Section 35 Power

James Daly Excerpts

Tuesday 17th January 2023 Commons Chamber

[James Daly (Bury North) (Con)]

I rise in support of the Government, my hon. Friend the Member for Don Valley (Nick Fletcher) and, specifically, my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates), who is one of the most thoughtful and honourable people in this House. The language used against my hon. Friend is typical of the language of the left for people with deeply held, honest views. The word “disgusting” was used. It is disgusting that my hon. Friend was treated in that way.

In general, this has been a good debate. We have had the normal debate: every single time I am in the Chamber listening to SNP Members, no matter what the debate, we come back to independence—one version of it or another. When we look at the title of the debate, we see that there are two things to talk about. The first is the section 35 power. The question, legally and constitutionally, is this: are the Government entitled, constitutionally, to use that power to intervene on this decision of the Scottish Government? Clearly, they are. There is simply no argument against that. The Equality Act 2010 is the United Kingdom legislation that guarantees equal rights for everyone no matter where they live in the United Kingdom.

The legislation from the Scottish National party amends the Gender Recognition Act 2004, which brings it within the competence of section 35. As has been said, the Secretary of State is entitled to act if the legislation has adverse effects, and the statement of reasons refers to the

“impacts on the operation of the Equality Act 2010 that result from the fact that a GRC changes a person’s protected characteristic of sex for the purposes of the 2010 Act”.

That makes it clear that there is a legal basis to what the Government are doing. Constitutionally, the Government are entitled to do this. We can have a debate regarding the merits of one argument versus another, but the Government are entitled to do this. They are the elected Government of the United Kingdom. I know that my friends from the SNP would prefer us not to talk like this, but we are the United Kingdom, and legislation such as the Equality Act 2010 applies to us all.

On the issues we are talking about, because of the competencies and section 35, this matter is brought within scope and Members from English constituencies, such as me, can speak about it. I believe—I am waiting for someone from the Labour party to call me transphobic or something—that 16 is too young for these decisions to be made. I believe that the legislation is a direct threat to women’s rights, sex and health-based rights and, especially, single-sex spaces. Those are genuinely held beliefs. The Government are entitled to do this, they share my beliefs and they are entirely correct in what they are doing today.