Rishi Sunak could move as early as today to prevent Nicola Sturgeon’s gender identity law, despite warnings that it will cause turmoil.
There is a growing expectation that the prime minister will use Westminster’s authority to halt the implementation of the controversial reform in Scotland. It would lower the legal age for gender transition from 18 to 16, and eliminate the necessity for a medical diagnosis.
According to ‘clear’ legal advice received by the British government, Mr. Sunak can invoke Section 35 of the Scotland Act for the first time since devolution.
Wednesday is the deadline for ministers to act, but Downing Street is keeping its options open over when an announcement will be made.
Last week, Rishi Sunak expressed his concerns to Nicola Sturgeon over the gender identity legislation over a private dinner in Inverness.
The Holyrood measures were very controversial in Scotland and the rest of the United Kingdom (pictured, protests in Edinburgh last week)
The bill permits transgender people to self-identify without a medical diagnosis of gender dysphoria and lowers from 18 to 16 the minimum age at which a Scot can legally change their gender.
It also reduces the time required to obtain a gender recognition certificate (GRC) for those over 18 from two years to three months.
However, this has sparked concerns that abusive males may use the new system and has put Scotland on a collision path with Westminster in terms of constitutionality.
The Scotland Act, which established a devolved Scottish government and parliament, gives Westminster four weeks to consider legislation approved by Holyrood that could have a “detrimental effect on the operation of the law.”
MSPs passed the Gender Recognition Reform (Scotland) Bill on December 22, meaning the deadline is Wednesday.
According to Westminster’s legal opinion, the new restrictions will “cut across” UK-wide equality legislation.
The impact of the measure approved in Scotland on the Equality Act was being carefully evaluated, according to a government spokesperson.
The spokeswoman stated, “We share the concerns that others, such as the Equality and Human Rights Commission and the UN Special Rapporteur on Violence Against Women and Girls, have regarding the Bill, particularly regarding safety concerns for women and children.”
“We are closely examining these issues, as well as their implications for the 2010 Equality Act and other UK-wide laws.”
“Our concerns include the safeguarding of single sex locations and the checks and balances involved in obtaining a legal gender recognition certificate.
No final decisions have been taken, and we are currently evaluating our options.
Last week, Mr. Sunak expressed his worries to Ms. Sturgeon during a private dinner in Inverness.
Afterwards, he told broadcasters, ‘Obviously, this is a highly sensitive issue, and I know there were heated arguments and exchanges on it as the measure passed in Scotland.
What concerns me is the bill’s effect on the entire United Kingdom. As is customary, the British government would seek counsel on this matter.
There may be consequences across the United Kingdom that we must be aware of and comprehend.
This is exactly what we are doing, and after the government receives the final report, it will choose the next actions.
A government source reported that the Prime Minister remained concerned about the impact of the Bill on women’s safety and the consequences for the Equality Act of 2010, which applies to England, Scotland, and Wales.
If Section 35 is invoked, it will be the first occasion since devolution, although the UK Government has recently successfully challenged two other pieces of Holyrood law as being beyond the legislative competence of the Scottish Parliament.
The British government must also decide whether gender recognition certificates produced in Scotland will be accepted for services in England.
Keir Starmer told the BBC that he believed 16 was too early for someone to legally decide to change their birth gender.
Labour has also expressed misgivings about the proposal, with the party’s leader citing both the age drop and the potential impact on equality.
Keir Starmer told the BBC that he believed 16 was too early for someone to legally decide to change their birth gender.
Stephen Flynn, leader of the SNP in Westminster, stated that if London did chose to intervene, it would be a ‘outrage’ and a’massive overreach’ by the UK Parliament.
Mr. Sunak is poised to ban all conversion therapy this week, going further than his predecessor, Boris Johnson.
According to the Daily Telegraph, ministers are preparing to announce that they intend to “implement a total ban on both forms of conversion” and will make changes to the law to enact this policy.
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