Scotland Act 1998: Section 35 Power

Philippa Whitford Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Speaker]

We now come to the SNP spokesperson.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

The vetoing of this legislation is an unprecedented attack on the Scottish Parliament, which passed the Gender Recognition Reform (Scotland) Bill by 86 votes to 39, including MSPs from every party. Gender recognition is a devolved policy area and this does not change the Equality Act 2010 or give any additional rights to those with a certificate. It shortens and simplifies the process and, particularly, ends the requirement for a psychological diagnosis of gender dysphoria. This is in keeping with the guidance from the World Health Organisation and from the United Nations, which recommends change to a legal statutory process based on self-identification. This change has already been made by many countries over the last decade, including neighbours such as Ireland, Belgium and Denmark. This Government are threatening to end UK acceptance of international certificates. I find this bizarre, considering that the former Prime Minister, the right hon. Member for Maidenhead (Mrs May), suggested a similar proposal in 2017.

Will the Secretary of State explain exactly which parts of the Equality Act are changed by the Bill? Why did he not raise specific concerns during the two consultations carried out by the Scottish Parliament or in response to the Cabinet Secretary’s letter in October, rather than in a response that came three days before the final debate on the Bill? What modifications to the Bill is he suggesting that would not include a return to the outmoded medicalised process? Why is he using one of the most marginalised groups in society to pick a fight with the Scottish Parliament? Is he seriously, after 300 years of different marriage ages and voting ages, suggesting that there can no longer be legal or age differences north and south of the border? And does he recognise that vetoing the Bill simply highlights the hollow reality of devolution?

[Mr Jack]

The hon. Lady will not be surprised to hear that I do not recognise much of what she says as being correct. I would point her to the statement of reasons, which will be laid alongside this order today. Our legal advice is clear: the Equality Act 2010 is reserved and there are adverse effects, some of which I listed in my statement only moments ago, including on associations, women’s safe spaces and single-sex schools. It was very clear what I said, and the hon. Lady will see what legal counsel have determined when she sees the statement of reasons.