Rishi Sink has said it is “absolutely reasonable” for the UK government to review Scottish reforms that make it easier for people to change gender.
The Scottish Parliament voted to lower the age when people can apply to change their legal gender to 16, and scrap the need for a medical assessment.
But it has sparked a clash with the UK government, which has concerns about the protection of women and children.
Nicola Sturgeon’s Scottish government says it will fight attempts to block it.
On Thursday, Members of the Scottish Parliament (MSPs) approved a controversial self-identification system by a vote of 86 to 39, making it easier for people to obtain Gender Recognition Certification (GRC).
The UK government can prevent legislation from becoming law by withholding royal assent – when the bill receives formal assent from the monarch and becomes an Act of the Scottish Parliament. He has also not ruled out mounting a legal challenge.
Prime Minister Rishi Singh said many people in Scotland had concerns about the bill.
Visiting a homeless shelter in London, she said: “I think it’s entirely reasonable for the UK government to look at this, to understand that in the rest of the UK women and What are the implications for the safety of children, and then they will decide. What is the appropriate course of action?”
Scottish Secretary Alastair Jack warned: “We will be looking closely at this, and in the coming weeks will also look at the impact of the Equality Act 2010 and other legislation across the UK – and including the Royal Including stopping a bill from being passed. If necessary.”
Under UK law, the UK government can apply to overturn Scottish laws on the grounds that they would conflict with UK equality legislation. This power has not been used before.
But a Scottish Government spokesman warned that any attempt by Westminster to “undermine the democratic will of the Scottish Parliament will be vigorously contested”.
Scottish Social Justice Secretary Shona Robison said the Scottish Government was very confident in its position.
He added: “The bill that has been passed is absolutely within the legislative competence and certainly has the support of an overwhelming majority with all parties supporting it.
“It would be unfortunate to say that the UK government at least had to go down that road.”
Scottish Lib Dem leader Alex Cole Hamilton said on the program that he would be “disappointed” if the UK government chose to block the bill.
“I think it’s inevitable that this bill will end up in court one way or another but I’m sure we’ve given it due diligence and scrutiny and tested it in Parliament to make sure that It will withstand any court challenge.”
Will the law affect the Equality Act?
Earlier, First Minister Nicola Sturgeon said she would “never apologise, never compromise, for trying to spread equality in our country”.
Opponents of the Gender Identity Reform (Scotland) Bill, including nine SNP MSPs who voted against it, fear its potential impact on women and girls, particularly in single-sex spaces, such as toilets.
The Scottish Government insists there will be little change and exceptions in the Equality Act to prevent trans people from single-sex spaces in certain circumstances will remain.
Dr Michael Foran, a lecturer in public law at the University of Glasgow, highlighted how the bill contained a section which said it would not replace any provisions in the Equality Act – and therefore This is probably within Holyrood’s competence.
But he said that did not mean the bill did not change the law “as it relates to the Equality Act”.
He explained: “One of the protected characteristics is gender and if that changes who can be included in one category of gender versus another that could have an impact on how the Equality Act works. It’s a fairly technical legal argument, but it opens the door to challenges.”
Meanwhile, Helen Belcher, head of the charity TransActual, told JEE News that the Scottish law would not affect the Equality Act.
“The Equality Act is not within the Scottish Parliament’s jurisdiction to change,” he said.
She added that trans rights should not be limited “on the basis of a few” who could benefit from reforming the law.
“It’s not going to come as a shock to your listeners that criminals do dirty things, criminals break the law. But that doesn’t necessarily stop trans people from being treated with a little bit of respect,” he said.
