Gender Recognition Reform (Scotland) Bill: Section 35 Power

Debate between Stephen Flynn and Angela Crawley

Tuesday 17th January 2023 Commons Chamber

[Stephen Flynn]

No.

Let me return to the points I was making about democracy, on the right to strike, EU legislation, Brexit, but also, importantly, on Scotland’s right to choose. As we found towards the end of last year—if the Father of the House wishes to awaken from his slumber—[Interruption.] No, Mr Speaker, he does not appear to awaken from his slumber. It is very distracting to see that in front of you in a democratically elected Parliament.

If we are to reflect on democracy, last year Scotland was denied its right to choose by this UK Government. The Supreme Court was clear that we do not have power under the constitutional settlement to have a second independence referendum, irrespective of the views of the people of Scotland. Yet the only answer that the UK Government can give to any question in relation to that is, “No. You cannot have your say.” No matter which way we turn or what the issue of the day is, this UK Government are not interested in Scotland’s democracy. Let us look in closer detail at the Conservative party position on that.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

Does the statement of reasons not clearly state that the Government do not have any legal basis on which to challenge this legislation? The simple fact is that the Secretary of State for Scotland has opened himself up to judicial review, because he will simply find that he has no modification of the Equality Act 2010, and that there are no examples—none—indicating that he has justifiable reasons for outlining a section 35 order.

[Stephen Flynn]

The Secretary of State has opened himself up to many things, ridicule among them, by his failure to see the blindingly obvious.

To revert to my previous point about the wider Conservative position, let us be clear and in no doubt whatsoever that the Conservatives are seeking to utilise this issue for a culture war—nothing more, nothing less. These are the dying embers of a failing Government who see the polls, who know they are on their way out, and who know their Members will lose their seats. In a last gasp attempt to create division, they are using some of the most vulnerable people in society to create a culture war.