Question reference: S6W-16425
- Date lodged: 29 March 2023
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Current status: Answered by Shirley-Anne Somerville on 6 April 2023
Question
To ask the Scottish Government whether it will provide an update on whether it will challenge the decision of the UK Secretary of State for Scotland to issue an order under section 35 of the Scotland Act 1998 in respect of the Gender Recognition Reform (Scotland) Bill.
Answer
The Gender Recognition Reform (Scotland) Bill was passed by an overwhelming majority of the Scottish Parliament, with support from members of all parties. The UK Government's use of section 35 of the Scotland Act 1998 to prevent the Bill proceeding to Royal Assent represents an unprecedented challenge to the Scottish Parliament's ability to legislate on devolved matters.
The Scottish Government has provided detailed responses to questions from the Equalities, Human Rights and Civil Justice Committee in a letter of 5 February, is now considering the reasons given by the UK Government for its use of the section 35 power, and will update Parliament on next steps in due course.