A former UK constitutional affairs secretary has warned politicians have "manifestly failed" women and trans people by being unable to thrash out a compromise over the gender cognition reforms - warning Alister Jack has misused his power to block the legislation.
Lord Falconer, who served as a Labour justice secretary and constitutional affairs secretary at Westminster, has criticised the UK Government using a section 35 order – warning it is “not good for devolution”.
The gender recognition reforms would allow transgender people in Scotland to obtain a gender recognition certificate without requiring a gender dysphoria diagnosis, with a move to a system of self-ID.
Read more: Herald View: Alister Jack's action threatens future of devolution
But the plans have been blocked by the Scottish Secretary, with Mr Jack arguing the plans would impact UK-wide laws including the Equality Act.
He has also raised concerns about two gender recognition systems running in parallel, despite the matter being devolved to Holyrood.
Speaking at the Commons Women and Equalities Committee, Lord Falconer suggested the UK Government ministers have “exercised their power under section 35 in a way that they can’t”.
Despite the use of section 35 being regarded as a last resort, Lord Falconer suggested this had not been the case.
Read more: Alister Jack justifies gender reforms bill block to Holyrood committee
He said: “At the point where Alister Jack exercised section 35, he said he was willing to listen to discussions to try and change the Bill.
“There must be scope for there to be further discussions between the UK executive and the Scottish Government to try to reach some type of agreement to see what changed could save the Bill. It’s not too late.”
SNP Civil Justice Secretary Shona Robison has accused Mr Jack of a “flat refusal to engage” with SNP ministers to resolve the constitutional standoff.
Lord Falconer told MPs that during his time in government, “there was never any question of section 35 being used.
He said: “If there’s ever any chance of section 35 being used there should be intense engagement between the two in order to try and work out a way where it does not have to be used.
“It is not good for devolution if a section 35 is used.”
Lord Falconer added: “Women and transgender people expect politicians to reach a solution to a difficult issue like this.
“Our politicians have manifestly failed to reach a solution.”
Read more: Shona Robison blasts Alister Jack's 'flat refusal to engage' over GRR
Mr Jack has handed over written evidence to a Holyrood committee on his decision to block the gender recognition reforms despite telling the committee he will not appear in person.
Mr Jack told Holyrood’s Equalities Committee and Constitution Committee that he could not appear to give evidence on his decision to block the legislation because he did not want to prejudice any potential court proceedings.
In a written response to MSPs, Mr Jack suggested that the legislation “would make modifications of the law as it applies to reserved matters and would have an adverse effect on, amongst other things, the operation of GB-wide equality law”.
He added: “Those adverse effects include impacts on the operation of single-sex clubs, associations and schools, protections such as equal pay, and chilling effects on single-sex services.”
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