SNP minister claims 'no option' but to launch legal challenge against UK Government over GRR
Shirley-Anne Somerville, the Social Justice Secretary, made a statement to Holyrood today after the Scottish Government announced it would go to court to challenge the Section 35 order laid down by Westminster.Alister Jack, the Scottish Secretary, had previously argued that Holyrood gender reforms would negatively impact on UK-wide equalities laws.It means lawyers representing the Scottish and UK Governments will once again clash in the Supreme Court following last year's hearing on independence.Somerville told MSPs: "We have not taken this decision lightly.
We have considered it carefully."And it was clear to us in our deliberations that allowing the UK Government’s veto on the democratic decisions of this Parliament to go unchallenged would undermine our democracy.”The UK Government has not offered any areas of amendment around the Gender Recognition Reform Bill, she said, adding: “That cannot go unchallenged because of the implications for future legislation and for devolution, particularly as the Secretary of State refused our offers to work on potential changes to the Bill.“To this day, I can confirm the UK Government has not offered up a single area for amendment that would satisfy them in relation to the issue of gender recognition reform.“Therefore, if we want to take a stand and protect our democracy and devolution, there is no option but to pursue this legal challenge.”The Scottish Government is seeking a judicial review of Scottish Secretary Alister Jack using a Section 35 order of the Scotland Act to prevent the Bill, which was passed by MSPs in December, from gaining royal assent.The UK Government argues the veto was used because the legislation, which simplifies the process trans people go through to obtain.
