Sunak set for showdown with Sturgeon as he moves to block Scottish Govt's controversial gender change law

16 January 2023, 17:40 | Updated: 16 January 2023, 18:42

Rishi Sunak is set to block Nicola Sturgeon's controversial gender recognition law
Rishi Sunak is set to block Nicola Sturgeon's controversial gender recognition law. Picture: Alamy

By Will Taylor

Rishi Sunak will move to block the Scottish Government's gender recognition reforms that would allow people to change their genders as young as 16.

The Government intends to stop the reforms, with Labour leader Sir Keir Starmer also saying he had concerns about it, setting up a showdown with Nicola Sturgeon, who described it as a "full frontal attack" on the Scottish Parliament.

The laws allow people to change their gender at 16 but they can actually start the process when they are 15.

They have caused controversy because critics fear it could set people at a very young age on a course they find hard to reverse as they grow older. Supporters say a change to a person's official gender is not made on a whim.

Scotland secretary Alistair Jack, who handles Scottish affairs for the UK government, said: "I have decided to make an order under section 35 of the Scotland Act 1998, preventing the Scottish Parliament's Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.

"After thorough and careful consideration of all the relevant advice and the policy implications, I am concerned that this legislation would have an adverse impact on the operation of Great Britain-wide equalities legislation.

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Nicola Sturgeon's gender law is due to be blocked
Nicola Sturgeon's gender law is due to be blocked. Picture: Alamy

"Transgender people who are going through the process to change their legal sex deserve our respect, support and understanding. My decision today is about the legislation's consequences for the operation of GB-wide equalities protections and other reserved matters.

"I have not taken this decision lightly. The Bill would have a significant impact on, amongst other things, GB-wide equalities matters in Scotland, England and Wales. I have concluded, therefore, that this is the necessary and correct course of action.

"If the Scottish Government chooses to bring an amended Bill back for reconsideration in the Scottish Parliament, I hope we can work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation.

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"I have written today to the First Minister and the Scottish Parliament's Presiding Officer informing them of my decision."

Ms Sturgeon fired back: "This is a full-frontal attack on our democratically elected Scottish Parliament and it's ability to make it's own decisions on devolved matters.

[The Scottish Government] will defend the legislation & stand up for Scotland's Parliament. If this Westminster veto succeeds, it will be first of many."

The new SNP leader in Westminster Stephen Flynn told LBC's Tonight with Andrew Marr it is a "democratic outrage" which "goes to the heart of why this union is not one of equals".

Sir Keir Starmer said on Sunday that he doesn't believe 16 is old enough for a person to change their gender.

"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," he told the BBC.