Gender Recognition Reform (Scotland) Bill: Section 35 Power

Debate between Kirsty Blackman and John Lamont
Tuesday 17th January 2023

(1 year, 9 months ago)

Commons Chamber
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John Lamont Portrait The Parliamentary Under-Secretary of State for Scotland (John Lamont)
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A short time ago, the Secretary of State for Scotland made a statement to the House regarding the Government’s decision to exercise a power under section 35 of the Scotland Act 1998 with regard to the Gender Recognition Reform (Scotland) Bill. For the benefit of Members who were not present at that statement, I shall summarise what action this Government are taking and why.

Today, the Secretary of State is making an order under section 35 of the Scotland Act 1998 preventing the Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent. As the Secretary of State said, this is the first time the power has been exercised, and it is not a decision that has been taken lightly. However, it is a decision based on the legislation’s consequences for the operation of reserved matters across Scotland, England and Wales, including on equality legislation.

The Scottish Government’s Bill would introduce a number of changes around gender recognition in Scotland. They include reducing the minimum age at which a person can apply for a gender recognition certificate to 16, and removing the need for a medical diagnosis and evidence of having lived for two years in their acquired gender.

Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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On a point of order, Mr Speaker. Is it acceptable for the Minister to read out the statement that has already been made, changing the order of some of the sentences?