Westminster has dragged trans people into its attack on Scotland’s powers

After Rishi Sunak’s government has blocked legislation passed by the Scottish parliament that would make Scotland the first part of the UK to introduce a self-identification system for people who want to change gender, the debate has grown and even brought division in the own ranks.

Nicola Sturgeon has said there were “no grounds” for the UK government to block the legislation, claiming that it did not affect the operation of the Equality Act.

The Scottish Greens, who made gender recognition reform one of their red lines for going into partnership with the SNP government after 2021 Holyrood election, said that it was

“a dark day for devolution, democracy and trans rights”.

Green MSP Maggie Chapman said:

“Only one month ago, MSPs voted overwhelmingly for gender recognition reform. It was a proud day for equality, and for our parliament. To see a reactionary Tory government trying to block or overturn it is nothing short of outrageous, and we will resist them every step of the way.”

Nancy Kelley, chief executive of Stonewall, said:

“It is a matter of grave and profound regret that the prime minister has allowed trans people’s lives to be used as a political football. This is not governing with compassion.”

Asked whether a revised legislation could be accepted if the age at which people could choose their gender was changed from 16, Rishi Sunak’s spokesperson said: “I think it’s important to emphasise, rather than focusing on the single issue of age, this is about the legislation having an adverse impact on equality legislation as a whole.”

The government’s position was that 18 was “the correct age” for people to change their gender, the official said.

The UK and Scottish governments appear set on a court battle on constitutional powers after Westminster ministers formally blocked a law passed by Scotland’s parliament creating a self-identification system for people who want to change gender.

The Welsh first minister, Mark Drakeford, said the decision to use a section 35 order marked “a very dangerous moment”, adding:

“I agree with the first minister of Scotland that this could be a very slippery slope indeed.”

The SNP called the decision

“an unprecedented attack on the Scottish parliament”

and on devolution. The party secured a further emergency Commons debate after Jack’s statement to discuss the constitutional implications.

But in near-farcical scenes, both debates took place before most MPs had been able read the “statement of reasons” in which the UK government set out its legal basis for imposing section 35, which was published nearly two hours after Jack’s announcement.

Answering an urgent question on the matter at Holyrood on Tuesday afternoon, Scotland’s social justice minister, Shona Robison, told MSPs that the order represented “a pattern of behaviour” of attacks on devolution by the UK government.

Robison said:

“I want to be very clear to all trans people that I know will be incredibly upset by this decision: this government will seek to uphold the democratic will of this parliament.”

She said the UK government had failed to share its concerns with her government until December, in a belated reply to a letter Robison wrote in October, after which a last-minute meeting with the UK equalities minister, Kemi Badenoch, was arranged.

Lisa Nandy two years ago got a “pause for thought” about signing a pledge card from the Labour Campaign for Trans Rights.

At that time Rebecca Long-Bailey, Angela Rayner and Dawn Butler backed a new trans rights charter that calls on Labour to expel “transphobic” members and described campaigns including Woman’s Place UK as “trans-exclusionist hate groups”.

Asked whether she would be happy for people who identify as women to stand on all-women shortlists, the Wigan MP said:

“Yeah, I think that you have to walk the walk in the Labour party and that means that we have to do two things – one is that we have to accept that people are who they say they are. I’ve never believed that politicians or even me as an individual should interfere or dictate to people who they are.”

In an interview with Times Radio on Thursday, the shadow levelling-up secretary said 13-year-olds should be “taken seriously” if they want to self-identify as another gender and obtain a legal certificate to do so. The Wigan MP said she wanted the Government to “get rid of the hurdles” which prevented a 13-year-old in her constituency from transitioning.

Rosie Duffield, a prominent women’s rights campaigner, had welcomed an unprecedented move by the Government to issue a Section 35 order preventing the trans legislation getting Royal Assent. But she told Sir Keir Starmer to stop “sitting on the fence” on transgender issues and support his women MPs.

At the weekend, the Labour leader told the BBC’s Sunday with Laura Kuenssberg:

“I have concerns about the provision in Scotland, in particular the age reduction to 16 and, in particular, the rejection of our amendment in relation to the Equalities Act.”

Pressed on whether he believed people are old enough at 16 to decide to change gender, he replied:

“No, I don’t think you are.”

The Labour MP for Canterbury said the legislation

“clearly conflicts with the Equality Act and would have repercussions for women across the UK“.

However, she was shouted down and accused of talking “rubbish.”

Questions can be posed in which way men and women are free to have their open opinion and would be allowed to express that. Rosie Duffield wonders has the impression that there are

“Labour men who clearly don’t want women to speak up for our rights to single-sex spaces. How very progressive.”

For her

“The protection of single sex spaces for the very most vulnerable women are at stake, so why on earth are Labour colleagues OK with this?”

On Wednesday, a spokesman for Sir Keir said he wanted to see the Government’s legal advice – which ministers are not currently planning to publish – before arriving at a decision on whether to support the Bill.

Ms Duffield, who feels that her party did not support her, was said to be concerned that the law tabled by the SNP would not actually help transgender people and that it could be misused.

There was confusion in Labour on the topic throughout last year, as shadow cabinet ministers gave differing responses to questions about whether a woman could have a penis.

Sir Keir – who had declined to answer the question of whether a woman could have a penis when asked by LBC – eventually told reporters “biology matters”, but that those who identified with other genders must be “supported and respected”.

Monica Lennon, who stood unsuccessfully for the Scottish Labour leadership, said Sir Keir should be “better briefed” on issues debated in the Scottish Parliament.

She was one of a series of Labour backbenchers at Holyrood from the party’s Left wing who launched outspoken attacks on the UK Government’s “shameful decision” to block the Bill. They also included Richard Leonard, the former Scottish Labour leader.

Mark Drakeford, Labour’s First Minister in Wales, said the decision was a “very dangerous moment” and he agreed with Ms Sturgeon that it

“could be a very slippery slope indeed”.

However, Labour did not oppose the veto when it was tabled in the Commons by the Scottish Secretary on Tuesday.

Preceding

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Published by Marcus Ampe

Retired dancer, choreographer, choreologist Founder of the Dance impresario office and archive: Danscontact-Dansarchief plus the Association for Bible scholars, the Lifestyle magazines "Stepping Toes" and "From Guestwriters" and creator of the site "Messiah for all". - Gepensioneerd danser, choreograaf, choreoloog. Stichter van Danscontact-Dansarchief plus van de Vereniging voor Bijbelvorsers, de Lifestyle magazines "Stepping Toes" en "From Guestwriters" en maker van de site "Messiah for all". View more posts