Scotland Act 1998: Section 35 Power

Liam Fox Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

I am carrying out my constitutional role as Secretary of State for Scotland, and this section 35 order is where the legal advice has taken me. The Minister for Women and Equalities, my right hon. Friend the Member for Saffron Walden (Kemi Badenoch), who is sitting next to me on the Front Bench, is dealing with the policy, and the hon. Lady should raise the point with her.

[Dr Liam Fox (North Somerset) (Con)]

There are many in this House who agree with the content of the Scottish Government’s Bill, and there are many in this House, including me, who object to its content, but that is not the point at issue. We live in a unitary state, so having different gender recognition certification processes in different parts of the United Kingdom is likely to produce conflict and confusion. Does my right hon. Friend agree that it was never part of the devolution settlement that any one part of devolved government in the United Kingdom could effectively make a change, or require a change, for citizens across the whole of our unitary nation?

[Mr Jack]

I absolutely agree.