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| Scottish government abandons court case over gender law veto | Scottish government abandons court case over gender law veto |
| (30 days later) | |
| Social Justice Secretary Shirley-Anne Somerville says the government remains committed to supporting the trans community | Social Justice Secretary Shirley-Anne Somerville says the government remains committed to supporting the trans community |
| Scottish ministers have confirmed they will abandon their legal challenge against a UK government veto of gender recognition reforms. | Scottish ministers have confirmed they will abandon their legal challenge against a UK government veto of gender recognition reforms. |
| Social Justice Secretary Shirley-Anne Somerville said the Scottish government remained committed to improving transgender health care. | Social Justice Secretary Shirley-Anne Somerville said the Scottish government remained committed to improving transgender health care. |
| The Court of Session ruled earlier this month that the block on the gender self-ID reforms was legal. | The Court of Session ruled earlier this month that the block on the gender self-ID reforms was legal. |
| The Scottish government had until 29 December to appeal against that ruling. | The Scottish government had until 29 December to appeal against that ruling. |
| Scottish Secretary Alister Jack welcomed the decision and said the UK government would seek to reclaim expenses from the case, understood to be about £150,000. | Scottish Secretary Alister Jack welcomed the decision and said the UK government would seek to reclaim expenses from the case, understood to be about £150,000. |
| Healthcare to be improved for trans people - Robison | Healthcare to be improved for trans people - Robison |
| Ministers should not appeal gender ruling - Forbes | Ministers should not appeal gender ruling - Forbes |
| Court says Scottish gender reform block is legal | Court says Scottish gender reform block is legal |
| Legislation making it easier for people to change their legally-recognised sex was passed by the Scottish Parliament last year. | Legislation making it easier for people to change their legally-recognised sex was passed by the Scottish Parliament last year. |
| The UK government used a Section 35 Order of the Scotland Act to prevent it from becoming law over concerns it would impact equality laws across Great Britain. | The UK government used a Section 35 Order of the Scotland Act to prevent it from becoming law over concerns it would impact equality laws across Great Britain. |
| A Scottish government legal challenge against the block was rejected by the Court of Session earlier this month, with ministers given 21 days to appeal. | A Scottish government legal challenge against the block was rejected by the Court of Session earlier this month, with ministers given 21 days to appeal. |
| Reports that the government was going to drop its legal challenge were leaked to media outlets ahead of Ms Somerville's statement to parliament on Wednesday. | Reports that the government was going to drop its legal challenge were leaked to media outlets ahead of Ms Somerville's statement to parliament on Wednesday. |
| Campaigners gathered outside the Scottish Parliament before the bill was passed | Campaigners gathered outside the Scottish Parliament before the bill was passed |
| Deputy First Minister Shona Robison also talked about the case during an earlier interview with BBC Radio's Good Morning Scotland programme. | Deputy First Minister Shona Robison also talked about the case during an earlier interview with BBC Radio's Good Morning Scotland programme. |
| Ms Somerville said that media speculation on the government's decision was "deeply disappointing" and "regretful". | Ms Somerville said that media speculation on the government's decision was "deeply disappointing" and "regretful". |
| She said that while Ms Robison did not confirm or deny the reports, she accepted it was "inferred by the comments made". | She said that while Ms Robison did not confirm or deny the reports, she accepted it was "inferred by the comments made". |
| "She in no way meant to pre-empt the statement made today," Ms Somerville said, adding that Ms Robison had apologised to Presiding Officer Alison Johnston. | "She in no way meant to pre-empt the statement made today," Ms Somerville said, adding that Ms Robison had apologised to Presiding Officer Alison Johnston. |
| 'Very worrying place' | 'Very worrying place' |
| Ms Somerville said that while the bill would not be withdrawn from parliament, that it was "impossible" to see a way forward. | Ms Somerville said that while the bill would not be withdrawn from parliament, that it was "impossible" to see a way forward. |
| She told MSPs the bill was "not in the bin and awaits an incoming UK government that has more respect for devolution". | She told MSPs the bill was "not in the bin and awaits an incoming UK government that has more respect for devolution". |
| The minister claimed the Scottish secretary views the Section 35 powers as a "veto" which can be used on legislation they "disagree with". | The minister claimed the Scottish secretary views the Section 35 powers as a "veto" which can be used on legislation they "disagree with". |
| "Regardless of people's views and opinions on gender recognition, that is a very worrying place for our parliament to be," Ms Somerville said. | "Regardless of people's views and opinions on gender recognition, that is a very worrying place for our parliament to be," Ms Somerville said. |
| Deputy First Minister Shona Robison apologised for discussing the government's decision ahead of the announcement | Deputy First Minister Shona Robison apologised for discussing the government's decision ahead of the announcement |
| She told parliament that while many trans people would be disappointed by this decision, the government would "never waver" in its commitment to their rights. | She told parliament that while many trans people would be disappointed by this decision, the government would "never waver" in its commitment to their rights. |
| "You are not a threat and you will always be free to live your lives free from prejudice and abuse in the type of Scotland we all want to see," the minister said. | "You are not a threat and you will always be free to live your lives free from prejudice and abuse in the type of Scotland we all want to see," the minister said. |
| She said the government remained committed to consulting on plans to end conversion practices for both sexual orientation and gender identity. | She said the government remained committed to consulting on plans to end conversion practices for both sexual orientation and gender identity. |
| In response to the statement, Mr Jack said the Scottish government had pursued the case despite warnings about the cost to the taxpayer. | In response to the statement, Mr Jack said the Scottish government had pursued the case despite warnings about the cost to the taxpayer. |
| "These resources would have been better spent addressing the priorities of people in Scotland - such as growing the economy, cutting NHS waiting lists and improving our children's education," he said. | "These resources would have been better spent addressing the priorities of people in Scotland - such as growing the economy, cutting NHS waiting lists and improving our children's education," he said. |
| "The UK government now intends to lodge an application with the court seeking our expenses in defending this matter." | "The UK government now intends to lodge an application with the court seeking our expenses in defending this matter." |
| Scottish Secretary Alister Jack welcomed the government's decision | Scottish Secretary Alister Jack welcomed the government's decision |
| Speaking to the Scottish Affairs Committee last week, the Conservative minister said he was "minded" to pursue the Scottish government for about £150,000 in costs relating to the court battle. | |
| The Scottish Secretary told MPs he was holding discussions with UK government law officers about that possibility. | The Scottish Secretary told MPs he was holding discussions with UK government law officers about that possibility. |
| He also warned the total cost to the taxpayer could be "the thick end of £2m" if the case were to go all the way to the Supreme Court. | He also warned the total cost to the taxpayer could be "the thick end of £2m" if the case were to go all the way to the Supreme Court. |
| This has been a long and bruising episode for the Scottish government. | This has been a long and bruising episode for the Scottish government. |
| Perhaps they have had devastating legal advice, or concluded that this is not a hill they want to keep fighting on - at great expense. | Perhaps they have had devastating legal advice, or concluded that this is not a hill they want to keep fighting on - at great expense. |
| But their key concern is that it doesn't become an even more damaging affair for the trans community. | But their key concern is that it doesn't become an even more damaging affair for the trans community. |
| If this were simply a question of the veto power contained in the Scotland Act, ministers might have been tempted to fight on. | If this were simply a question of the veto power contained in the Scotland Act, ministers might have been tempted to fight on. |
| They do not want to give in on the principle of that - but nor do they want to leave a marginalised group at the centre of a constitutional stand-off. | They do not want to give in on the principle of that - but nor do they want to leave a marginalised group at the centre of a constitutional stand-off. |
| The promise to keep the bill on ice is mostly a bid to put pressure on a future UK administration, whatever party forms it. | The promise to keep the bill on ice is mostly a bid to put pressure on a future UK administration, whatever party forms it. |
| In practice, the legislation is off the agenda - and the question is now what the government will deliver instead, having long promised to do something for the trans community. | In practice, the legislation is off the agenda - and the question is now what the government will deliver instead, having long promised to do something for the trans community. |
| The Gender Recognition Reform (Scotland) Bill was backed by MSPs from all parties, passing by 86 votes to 39 following heated debates. | The Gender Recognition Reform (Scotland) Bill was backed by MSPs from all parties, passing by 86 votes to 39 following heated debates. |
| Those opposed to the changes have warned they could risk the safety of women and girls in same-sex spaces such as hospital wards and refuges. | Those opposed to the changes have warned they could risk the safety of women and girls in same-sex spaces such as hospital wards and refuges. |
| Supporters argued it would make the process of obtaining a gender recognition certificate easier and less traumatic for trans people. | Supporters argued it would make the process of obtaining a gender recognition certificate easier and less traumatic for trans people. |
| The legislation would remove the need for trans people to be diagnosed with gender dysphoria by a doctor before they are allowed to change their legally-recognised sex in Scotland, and would lower the age that someone can apply for a GRC from 18 to 16. | The legislation would remove the need for trans people to be diagnosed with gender dysphoria by a doctor before they are allowed to change their legally-recognised sex in Scotland, and would lower the age that someone can apply for a GRC from 18 to 16. |
| The period in which applicants would need to have lived in their acquired gender would be cut from two years to three months. | The period in which applicants would need to have lived in their acquired gender would be cut from two years to three months. |
| 'Bitter blow' | 'Bitter blow' |
| Scottish Tory justice spokesman Russell Findlay said the announcement was a "hard won victory" for opponents of the "dangerous" bill. | Scottish Tory justice spokesman Russell Findlay said the announcement was a "hard won victory" for opponents of the "dangerous" bill. |
| The gender recognition reforms have been championed by the SNP's government partners, the Scottish Greens. | The gender recognition reforms have been championed by the SNP's government partners, the Scottish Greens. |
| Green equality spokesperson Maggie Chapman said the court ruling was a "bitter blow" to trans people, who would now have to "wait indefinitely" for the reforms. | Green equality spokesperson Maggie Chapman said the court ruling was a "bitter blow" to trans people, who would now have to "wait indefinitely" for the reforms. |
| Alba Party MSP Ash Regan, who resigned as community safety minister over the bill while formerly an SNP parliamentarian, said the "sorry and sad episode has created a culture where women are dismissed as transphobes and bigots". | Alba Party MSP Ash Regan, who resigned as community safety minister over the bill while formerly an SNP parliamentarian, said the "sorry and sad episode has created a culture where women are dismissed as transphobes and bigots". |
| She called for the government to apologise and said the law must never be passed. | She called for the government to apologise and said the law must never be passed. |
| Related Topics | Related Topics |
| Scottish government | Scottish government |
| Gender recognition reform in Scotland | Gender recognition reform in Scotland |
| Shirley-Anne Somerville | Shirley-Anne Somerville |
| Alister Jack | Alister Jack |