Gender Recognition Reform Bill: Mhairi Black warns UK Government attempts to block legislation would be 'attack on Scottish democracy'

SNP MP Mhairi Black has warned the UK Government that any attempt to block the Gender Recognition Reform Bill would be an “attack on Scottish democracy”.

The deputy leader of the SNP Westminster group made the claim after both Prime Minister Rishi Sunak and Scottish Secretary Alister Jack announced ministers would consider blocking the new gender legislation voted through in Scotland.

Passed by a margin of 86 votes to 39 on Thursday, the Bill will make it easier for trans people to obtain a gender recognition certificate (GRC) by removing the requirement for a diagnosis of gender dysphoria.

It also lowers the minimum age for applicants to 16 and drops the time required for an applicant to live in their acquired gender from two years to three months – six for those aged 16 and 17 – though with a three-month reflection period.

Mhairi Black warned any attempt to intervene by the UK Government would be an "attack" on Scottish democracy.

Opponents of the legislation fear it will impact on the Equality Act, particularly in relation to the exemption that allows for trans people to be excluded from single sex spaces in some circumstances.

Within minutes of the Bill passing, Mr Jack announced his office would look at what could be done to stop the Bill, including invoking section 35 of the Scotland Act, which provides an effective veto if legislation would have an impact on reserved matters.

A section 35 has never been used before, and Ms Black claimed it would represent an “attack” on Holyrood.

She told The Scotsman: "Alister Jack must be in no doubt that an attack on this piece of legislation is an attack on Scottish democracy. This Bill is clearly within legislative competence and will make no change to the reserved Equality Act 2010.

"The SNP has been elected on two separate manifesto commitments to deliver this change and I am proud that my colleagues at Holyrood have delivered on that.

"This change is a step in the right direction to making Scotland a fairer, more equal society for everyone – and no UK Government should seek to stand in the way of that."

Her comments echoed those of the Scottish Government, with social justice secretary Shona Robison warning the UK Government any attempt to “undermine” the democratic will of the Scottish Parliament would be “vigorously contested”.

There was also an angry response from SNP MP Stewart McDonald, who defended the Bill as one of the “most widely debated and consulted upon pieces of legislation in the history of devolution.”

He said: “It is simply not true to say that the Scottish Government has not listened to concerns, as the UK Government asserts – hence the legislation has been crafted with meticulous detail over many years, and enjoys cross-party support right across the Scottish Parliament.

“Any attempt by the UK Government to block the legislation under the political falsehood that it undermines the 2010 Equality Act, which the Bill expressly does not do, will be seen for what it is – the Conservative Government combining its well-known hostility to devolution, and its well-known hostility to trans people, in order to attack the democratic will of the Scottish Parliament.

“Such a move will be robustly resisted.”

Whitehall sources fear the Bill will see relations between the two administrations collapse even further, with some believing it would be framed as an “us versus them” issue by Nicola Sturgeon. There is a belief on both sides that should this escalate, the matter could go to the courts.

UK equalities minister Kemi Badenoch on Thursday night confirmed the UK Government was “looking at provisions that can prompt reconsideration” of the legislation.

Mr Sunak also criticised the Bill, which would see the Scottish Government adopt rules similar to those held in Denmark since 2014.

Speaking during a visit to a homeless shelter in London, Mr Sunak said: “Lots of people have got concerns about this new Bill in Scotland, about the impact it will have on women’s and children’s safety.

“So I think it is completely reasonable for the UK Government to have a look at it, understand what the consequences are for women and children’s safety in the rest of the UK, and then decide on what the appropriate course of action is.”

Ms Robison insisted on Friday the Scottish Government would fight any attempt to block the legislation.

She told BBC Radio Scotland: “The Bill as passed is absolutely within legislative competence and, of course, was backed by an overwhelming majority with support from all parties.

“I think any attempt by the UK Government to undermine what is, after all, the democratic will of the Scottish Parliament, it will be vigorously contested by the Scottish Government.”

Her comments were echoed by the Scottish Greens, with equalities spokesperson Maggie Chapman claiming a legal challenge would be an attack on the “rights of trans people”.

She said: "Time and again the UK Government has shown total contempt for the LGBTQIA+ community. It has knowingly fanned the flames of prejudice and spread the most vicious smears and disinformation.

"Any attempt to block this Bill would be an attack on devolution and democracy and on the rights of trans people. The UK Government rightly recognises gender recognition certificates from other countries – they should honour those issued in Scotland.

“Gender recognition reform is a small change that will make a big difference. It puts Scotland closer to following international best practice and will improve the lives of our trans siblings, who have experienced years of prejudice and discrimination.”

It comes as Labour called for the UK Government to publish guidance clarifying how new rules work with the Equality Act. The Bill sparked numerous protests in Scotland, as well as seeing MSPs from across the chamber vote against their own party.

Nine SNP MSPs, including former minister Ash Regan, defied the party whip, with Labour’s Carol Mochan and Claire Baker doing the same, as well as resigning from their frontbench positions.

Former Scottish Tory leader Jackson Carlaw joined party colleague Jamie Greene in voting in favour of the Bill. However, the party had declared a free vote on the issue.

Meanwhile, Dunja Mijatovic, the commissioner for human rights at the Council of Europe, welcomed the passage of the Bill. “I welcome Scotland’s new law adopted by the Scottish Parliament introducing legal gender recognition based on self-determination,” she said.

“Nine Council of Europe member states have already adopted such laws and several others have this under consideration. A key trend for the full realisation of trans people’s human rights.”