UK Govt rebuffs Yousaf challenge to ‘sex-swap’ Bill veto
from The Christian Institute:
The UK Government’s decision to veto Holyrood’s gender self-ID Bill is reasonable and lawful, Scotland’s Outer House of the Court of Session has heard.
Representing the UK Government, David Johnston KC told the judge that the Scottish Secretary blocked the Gender Recognition Reform (Scotland) Bill in order to protect the integrity of UK-wide equalities legislation.
The ‘sex-swap’ Bill seeks to allow 16-year-olds to change their legal sex by self-declaration without a medical diagnosis, and reduce the waiting time for adults from two years to just three months.
Lawful and rational
In January, Alister Jack MP – exercising powers under the Scotland Act 1998, Section 35 – prohibited the Presiding Officer of the Scottish Parliament from submitting the Holyrood-backed Bill for Royal Assent.
First Minister Humza Yousaf branded the UK Government’s move a “power grab” and lodged a petition for judicial review.
During the Court of Session hearing, which ended on Wednesday, Mr Johnston dismissed the claim of Scotland’s Lord Advocate, Dorothy Bain KC, that the veto was based on a “policy disagreement” as a “red herring”
The KC countered: “The sole question is whether the Section 35 preconditions are met and whether the discretion was rationally exercised.”
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