Scotland Act 1998: Section 35 Power

Nadia Whittome Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

We believe, as the hon. Lady will see in the statement of reasons—I have made this point very clearly—that there is a reduction in safeguards for women and children. She will have plenty of time to read that today.

[Nadia Whittome (Nottingham East) (Lab)]

The reason the Government cannot tell us exactly what the conflict is with the Equality Act is that there is not one. The Gender Recognition Reform (Scotland) Bill does not affect the operation of the Equality Act, and everyone in this House knows that full well, because Labour MSP Pam Duncan-Glancy put it on the face of the Bill with her amendment. Will the Minister admit that this section 35 order is really about fanning the flames of a culture war that is harming trans people across the UK?

[Mr Jack]

No—that is an appalling thing to say. This order is entirely addressing the legal advice I have been given, and the legal advice tells me that there is a reduction in safeguards, conflicting with two UK-wide Bills. That is the reason for the section 35 order and that is why the advice was to use it. The advice will be available to all this afternoon.