Deputy First Minister Shona Robison, who shepherded the bill through Holyrood, said she should not apologize. Photo: Andrew Milligan/PA Wire
SNP ministers will again try to introduce Nicola Sturgeon's gender identity laws if Sir Keir Starmer becomes prime minister, they have suggested after abandoning legal action against the UK veto.
Shirley-Anne Somerville, Scotland's social justice minister, confirmed the SNP administration would not appeal a Court of Session decision earlier this month that the UK government had acted lawfully in blocking the legislation.
But she said that the Gender Recognition Reform Bill will not be withdrawn, “and it remains to be seen what a future [British] government will do.”
In a defiant speech at Holyrood, Ms Somerville said: “For the avoidance of doubt, Chair, this bill is not being thrown into the bin and awaits a new UK government that will be more respectful of devolution.”
The Tories warned that the law could “return to Parliament in a different form” at a later date, despite Ms Somerville agreeing that “she will be a fugitive under the law” by appealing the court verdict.
Almost all Labor MPs supported controversial legislation when it was passed at Holyrood last year, but Sir Keir expressed “concerns” about the proposed reforms.
The bill would allow Scots to change their legal gender simply by signing a statutory declaration removing the requirement for a formal medical diagnosis of gender dysphoria.
Sir Keir Starmer raised concerns about gender Recognition Reform Bill. Posted by Pennsylvania/Andrew Milligan
In particular, the leader of the Labor Party said in January this year that he opposed the proposal for legislation to allow 16-17 year olds to benefit from this process. However, he did not support the British veto.
The Scottish minister, Alistair Jack, made an order under section 35 of the Scotland Act to prevent the legislation from receiving royal assent – the first time in history that power had been used.
He argued that the law undermines UK-wide protections for women, including the sanctity of women-only safe spaces.
The reforms sparked a huge public backlash after trans predator Isla Bryson was initially sent to a women's prison after being found guilty of two rapes.
Succeeding Ms Sturgeon as First Minister, Humza Yousaf launched a petition. for a judicial review of the decision, despite legal experts warning it has little chance of success.
Lady Haldane has completely rejected the Scottish Government's claims that Mr Jack acted irrationally and could justify his fears.
She also rejected claims from Ms Sturgeon and Mr Yusuf that the veto demonstrates Westminster can overturn any Holyrood legislation it wishes, saying it requires “certain preconditions to be met”.
” Under pressure to refuse”
The First Minister's partners in the Scottish Green Coalition wanted him to appeal the decision to the Inner House Court. However, he was under pressure from SNP MPs to drop the case as the bill was widely seen as politically toxic.
The Scottish Government has spent more than £230,000 of public money on the legal battle, with Mr Jack confirming which hopes to reimburse the UK for the cost of £150,000.
In her statement at Holyrood, Ms Somerville acknowledged the bill's passage. cannot become law, but said it “has been passed by a majority of the Scottish Parliament and we will not repeal it.”
She said: “If the current UK government is willing to work on this together, we will happily sit down with them.
“If the future UK government wishes, we will do it with them so that section 35 can be repealed and achieve progress on the bill. It seems clear that the current government will not do this, and it remains to be seen what the future government will do.”
Megan Gallagher, deputy leader of the Scottish Tories, said: “It is beyond disappointing that the SNP remains determined to pursue its deeply flawed gender identity policies despite the Scottish public opposing them and ministers suffering humiliating defeats in court.”
Joanna Cherry, the SNP MP for Edinburgh South West and a prominent feminist campaigner, tweeted that she was “delighted” there would be no appeal and said it was “the right decision in round.”
She said: “All that remains now is a long overdue apology from MPs from all parties who have dismissed the legitimate concerns of lifelong feminists & LGB [lesbian, gay, bisexual] activists.”
Ash Regan, who resigned as a minister in Ms Sturgeon's government over reform and then defected to Alex Salmond's Alba party, also called for apology and said the law should be repealed.
“There should be no apology”
However, Deputy First Minister Shona Robison, who introduced the bill through Holyrood, said she should not apologize. Ms Robison did not believe feminist activists should apologize after she pushed the controversial legislation through Holyrood despite warnings it would undermine women's rights and safe spaces.
Joanna Cherry, a prominent SNP MP , said there should now be a “long overdue apology” from all those who supported the bill and “destroyed legitimate concerns” about its impact on women.
Ash Regan, a former Scottish National Party minister who went to resigned from the Scottish Government in protest at the legislation and said an apology should be made to “campaigners whose concerns were dismissed as unfounded when the reality is they were right all along.”
G- n Jack welcomed the decision not to apologize. appeal, which states: “The UK Government now intends to apply to the court to claim our costs in defending this case.”
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