Members of the Scottish Feminist Network protest outside the Court of Session in Edinburgh on Tuesday. Photo: PA/Jane Barlow
Suggestion Lawyers representing the SNP Government have told the court that men will use gender identity laws to attack women.
The Scottish Government seeks a judicial review at the Court of Session in Edinburgh . arguing that the UK government's veto of the gender identity law should be overturned.
Lord Advocate Dorothy Bain CC, the Scottish Government's most senior lawyer, said the reasons used to justify the veto were «theoretical» and «very unlikely to happen in practice».
She said international evidence did not support concerns raised by Alistair Jack, the Scottish minister, that the introduction of self-identification would lead to a surge in fraudulent claims from men wanting to access safe spaces for women.
Making out its position To override the UK government's veto, she argued that Mr Jack had actually blocked the legislation because he disagreed with the identity policy.
But she said it was «never intended» that he would have such power as it would be tantamount to Holyrood being able to implement certain policies only if the UK government agreed to them.
Mr Jack made the application for an order under section 35 of the Scotland Act, which provided for devolution of powers to prevent the bill from receiving Royal Assent — the first time the power had ever been used.
He argued the law undermined UK-wide protections for women, including the sanctity of women-only safe spaces, but Ms Bain said his reasons for making the order were not «rational».
Claiming he acted unlawfully, she said a Scottish gender recognition certificate issued under the self-identification system would have «no effect in other parts of the UK».
Ms Bain also rejected Mr Jack that people of different genders in different parts of the UK could cause serious problems, including in the systems used to administer taxes, state pensions and benefits.
The Gender Recognition Reform Bill would allow Scots to change their legal gender simply by signing a statutory declaration, eliminating the requirement for a formal medical diagnosis of gender dysphoria.
It would also dramatically reduce the period of time someone must live in their «acquired gender» from two years to six months and allow 16- and 17-year-olds to receive gender recognition certificates for the first time.
Reforms sparked a huge public backlash after transgender predator Isla Bryson was initially sent to a women's prison after being found guilty of two rapes.
But Humza Yousaf, Nicola Sturgeon's successor as First Minister and leader of the Scottish National Party, persisted. forward with a motion for judicial review of the veto. Lady Haldane's case is expected to last up to four days.
The Lord Advocate said Mr Jack's reasons for intervening were not «compelling enough to justify an executive veto of a bill passed by a democratically elected legislative body.»
“I emphasize that the Secretary of State's concerns are almost entirely unsupported by evidence, and this is particularly true regarding security concerns and fraudulent or malicious applications,” she said.
“These concerns are not consistent with experience jurisdictions that have enacted similar provisions contained in the bill.»
She argued that transgender people make up a very small minority part of the population of Scotland, and indeed the UK as a whole, and said that the impact on single-sex spaces would be “very modest”.
But David Johnston KS, acting on behalf of the UK Government, said that in this power there is «nothing sinister» because it was deliberately included in the Scotland Act.
In his brief opening remarks in response to the Lord Advocate, he argued for the correct test in judicial review. was whether the veto was within the “range of reasonable responses available” to Mr. Jack.
The investigation is ongoing.
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