The SNP minister leading the response to the gender recognition reforms court loss has warned there is an “emerging pattern of interference in devolved matters” by the UK Government.
The Scottish Government lost its judicial review take against Scottish Secretary Alister Jack vetoing the gender recognition reforms after the legislation was overwhelmingly backed by MSPs.
Social Justice Secretary Shirley-Anne Somerville told Holyrood that the Scottish Government was still mulling over a potential appeal.
She insisted that the UK Government has become more comfortable with meddling in devolved affairs – suggesting that Tory ministers will wield powers with more ease in the future after their initial interventions.
The intervention comes amid a growing row over the Scottish Government’s overseas policies, after the UK Government reacted angrily to First Minister Humza Yousaf holding meetings at COP28 without a UK Government official present – a long-running convention.
Read more: Analysis: What will David Cameron achieve in Humza Yousaf spat?
Speaking in Holyrood, Ms Somerville said: “There’s an emerging pattern of interference in devolved matters by the UK Government.
“They routinely now ignore constitutional convention that the UK Parliament will not legislate for devolved issues without the consent of the Scottish Parliament.
“In 2021, the UK Government, of course, referred the UNCRC Incorporation Bill to the Supreme Court. They have now ignored legislative consent decisions of this parliament on several occasions such as the European Union Withdrawal Act, the UK Internal Market Act, the Professional Qualifications Act and the Subsidy Control Act.”
She added: “There are also several instances in which the UK Government has refused to acknowledge the Scottish Parliament’s view that legislative consent is required, such as the Nationality and Borders Act.
Read more: Gender Reform court defeat: Yousaf undecided on appeal
“As we have seen with the breaches of the Sewel convention, once this intervention has happened, the UK Government will find it easier to justify using this power again and further erode devolution.
“The Scottish Government makes no apologies for standing up for the power of the Scottish Parliament.”
Ms Somerville told MSPs that the legal challenge “wasn’t a decision we took lightly”, adding that “we considered it very carefully”.
She added that “no matter what happens with this legal challenge, the Scottish Government remains committed to LBGTQi+ equality”.
Read more: Analysis: Gender reform court case: Not just a defeat, a demolition job
The cabinet secretary was pressed over the £230,000 costs of taking the legal action.
Scottish Tory deputy leader Meghna Gallacher said: “Misters were warned on multiple occasions that their gender self-ID Bill threatens the protection for women and girls in Scotland. However, the SNP ignored our warnings.
She added that “the SNP ploughed on regardless and took the UK Government to court to get this Bill enacted”.
Ms Gallacher said: “Opinion poll after opinion poll has shown that the SNP’s gender bill remains unpopular, with each of its provisions such as letting 16-year-olds change their legal gender being opposed by a large majority of the public.
“When it comes to wasting further taxpayers’ money with a potential court appeal, will the cabinet secretary be listening to the public and ditch this Bill for good or will she be in favour of her Green coalition partners who want to spend endless amounts of public money getting this flawed bill enacted instead.”
A UK Government source said: “Far from interfering with devolution, the UK Government is committed to making it work for the Scottish people.
“The UK Government had to act on gender reform because the proposals would have had an adverse impact on reserved equalities law. This week a Scottish court found the Section 35 Order successfully brought by Alister Jack is an intrinsic part of the devolved settlement.
“It is up to the Scottish Government to produce legislation which is within the competence of the Holyrood Parliament. The UK Government respects devolution, it’s nationalists who want to destroy it.”
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