Scotland Act 1998: Section 35 Power

Karin Smyth Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

Yes.

[Karin Smyth (Bristol South) (Lab)]

In my role on the Public Administration and Constitutional Affairs Committee, I have, with others, been around the UK looking into scrutiny and the operation of devolution, of which I am a strong supporter. The state of relationships between the Tories and the SNP is deleterious and it is damaging all our rights. The SNP went to court to argue that sex was a legal construct, not a biological one. Therefore, the SNP has landed us in this position and it is trading on people’s rights—it is outrageous. The SNP is disregarding sex-based rights, which is exactly—[Interruption.] It is not acceptable for people who are standing up to talk about women’s sex-based rights to be constantly badgered—[Interruption.] Equally, I do not accept barracking from the men in the corner on the Conservative Benches. What we need to know now—it would be helpful to have the reasons before going forward—is what exactly the UK Government, who have not discussed this in advance of this coming here before us and have behaved outrageously, are expecting the SNP Scottish Government to do to help the rights of transgender people and women.

[Mr Jack]

I will not go into the details of Lady Haldane’s judgment in December, but the hon. Lady is right to say that that has created part of the conflict. Again, that will be laid out in the statement of reasons. We would like the Scottish Government to address the concerns we have as to sufficient protections and safeguards for women and children across UK-wide legislation and for that to be reflected in the Bill.