Why is the UK government getting involved in Scotland’s new gender recognition law?

• Only a few very specific circumstances allow the UK government to prevent a Scottish bill.
• Later this week, the window for comments on the new gender bill was scheduled to close.
• However, a lot of people in Scotland have accused the UK government of engaging in political games.

Since Scotland’s devolved government was founded in 1999, many decisions—but not all—are taken in Holyrood, Edinburgh’s Scottish Parliament.

While the Westminster-based UK Parliament continues to be in charge of matters like defense, national security, immigration, and foreign policy, the Scots are free to enact their own laws on matters like healthcare, education, and the environment.

Only a few very specific circumstances allow the UK government to prevent a Scottish bill from becoming law, such as when it thinks the bill would conflict with a UK-wide law on a subject that is outside of Scotland’s purview, any international agreements, or the interests of defense and national security.

A bill is sent to the King for Royal Assent, the final formal requirement before it becomes law, once it has been passed by Holyrood, and London has four weeks to consider it. This is in accordance with the provisions that define how Scotland is governed.

Later this week, the window for comments on the new gender bill was scheduled to close.

However, a lot of people in Scotland have accused the UK government of engaging in political games and stalling the new law for grounds other than those required by the constitution.

“Whatever your view on the bill, people vote in Scottish Parliament elections thinking they’re electing the MSPs who’ll represent [and] legislate for them on devolved matters,” said Emma Roddick, a Scottish Parliament lawmaker for the SNP. “[UK Prime Minister Rishi] Sunak has demonstrated what the SNP has said for decades: that’s only true as long as Westminster wants it. A two-thirds majority in favor of a bill within devolved competence – Tories we didn’t elect want to strike it down for political reasons.”

Jack argued that the law would have an effect on UK-wide equalities legislation in his comments on Monday.

While Westminster sets the laws governing equality, Scotland’s government has devolved authority over gender recognition regulations.

“The Bill would significantly affect GB-wide equalities issues in Scotland, England, and Wales, among other things. Therefore, I have come to the conclusion that blocking it is the essential and proper course of action.

On Tuesday, Jack stated in the UK Parliament that he “had not taken the decision lightly.”

Advocacy groups disagree. In a statement, the rights organization TransActual said it saw “no basis” for the UK government’s decision to veto the measure due to worries about UK-wide equality rules.

Also Read

Rishi Sunak worries about impact Scotland’s recent gender laws

Rishi Sunak is worried about how Scotland's recent gender laws may affect...