For many equality campaigners, the move by the UK government to block Scotland’s gender reform bill is insulting and heart-breaking.
After years of painstaking work, they see Monday’s decision as a painful step back for a group of people who already face a barrage of societal, emotional and bureaucratic hurdles to live their lives.
Ministers in Westminster, however, believe they had little choice but to block the law.
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One senior UK government source told me the Holyrood legislation was a “phenomenal mess” which could cause problems across the country regarding pensions, benefits, schools and prisons.
A second senior source described it as a “constitutional nightmare”.
Those involved are keen to point out they followed legal advice and the decision was not ideological but administrative.
UK government blocks Scotland’s gender reform bill in constitutional first
Rishi Sunak poised to block Scotland’s gender reform bill
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UK government officials are confident a majority of Scots are on their side. Private government polling suggests 52% of 2019 SNP voters back the move – and that figure is significantly higher when considering the whole electorate.
Last night’s carefully-worded statement from the Scottish secretary is evidence that he realises the sensitivity of this issue.
Alister Jack said that transgender people “deserve our respect, support and understanding”, that he has “not taken this decision lightly” and that he will be “constructive” if the Scottish government put forward an amended bill.
Nonetheless, the move is unprecedented: a ‘section 35 order’ (which will prevent the legislation getting royal assent) has never before been issued in the 25-year history of devolution.
The wider concern in Whitehall is that Nicola Sturgeon’s government will use this decision as evidence that Scottish democracy is broken and as a powerful argument to bolster the case for independence.
For Rishi Sunak, a prime minister keen to de-escalate and de-dramatise Scotland’s constitutional debate, this move is likely to do the opposite.
