John Swinney has ruled out gender recognition reform legislation, saying it is beyond the powers of his devolved administration.

The First Minister told Sky News that his government “quite simply can’t proceed with it.”

MSPs passed the Gender Recognition Reform Bill (GRR) in December 2022 by 86 votes to 39 on a cross-party basis.

However, Scottish Secretary Alister Jack used powers given to him by the Scotland Act to stop the law gaining royal assent.

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The legislation was supposed to speed up and simplify the process for a trans person to obtain a gender recognition certificate and change their legal sex.

Under the current system, this takes at least two years, involves a medical diagnosis and is only available for those aged 18 and above.

Holyrood’s Bill would have cut the waiting time to six months, scrapped the need for medical diagnosis and lowered the age threshold to 16.

Mr Jack blocked it by using the first-ever order under Section 35 of the 1998 Scotland Act.

He argued that although the subject matter was within Holyrood’s powers, the Bill would have an adverse effect on the operation of UK-wide equality law.

Humza Yousaf went to the Court of Session asking them to look at the decision, but Lady Haldane comprehensively rejected the Scottish Government’s arguments and said there was nothing to lead her to conclude that Mr Jack had acted unreasonably or unlawfully.

A possible appeal, which could have seen the case go next to the Inner House of the Court of Session and then potentially to the UK Supreme Court, was abandoned in December last year. 

In an interview with Sky News, Mr Swinney wrongly claimed that it was the Supreme Court who had ruled that the gender reform legislation could not be processed, rather than the court of session. He made the same mistake in an interview with the BBC on Wednesday. 

He said: “The reality of the situation we face is that the Supreme Court [sic] has said that we can’t legislate in that area.

“We can’t take forward that legislation. I accept the rule of law and that’s the position we find ourselves in, that we cannot proceed with that legislation.

“But I think what’s the most important thing that I can say is that to LGBT people in our society, the Scottish Government is on their side, we have been on their side and we will be on their side in the years to come.”

Asked if he would abandon the Bill, he said: “We quite simply can’t proceed with it. It’s legislation that can’t be implemented, so we cannot take that forward.”

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The comments come amid a backlash from the SNP's LGBTQ wing, Out For Independence, over the appointment of Kate Forbes as Deputy First Minister.

They are seeking an urgent meeting with Mr Swinney and Ms Forbes.

The Scottish Greens have also criticised the appointment, claiming that the government is taking Scotland “back to the 1950s.”

Speaking to journalists in parliament yesterday Ms Forbes insisted she and the First Minister would ‘serve all communities in Scotland as we further and progress the rights of every community in Scotland”

In his interview with Sky News, Mr Swinney said he had not discussed abandoning the Gender Recognition Reform Bill with Ms Forbes when appointing her as his deputy.

He said the “reality of the situation” was that the courts had ruled they were unable to proceed with it.

Mr Swinney also insisted his administration was “on the side” of LGBT people.

He said: “The protection of the rights of LGBT individuals in our society is absolutely fundamental to my government – the protection of those rights and the enhancement of those rights.”