Section 35 judicial review

Judgment will not be appealed.

The Scottish Government will not appeal the judgment in the judicial review challenging the UK Government’s use of a Section 35 order to block the Gender Recognition Reform (Scotland) Bill.

The UK Government’s intervention and subsequent judicial ruling means the Bill cannot proceed to Royal Assent and be enacted.

Social Justice Secretary Shirley-Anne Somerville said:

“The Gender Recognition Reform Bill was passed by a majority of the Scottish Parliament and we will not be withdrawing it. However, the UK Government’s unprecedented use of Section 35 means the Bill cannot proceed to Royal Assent.

“If the current UK Government is willing to work together and indicate the changes they would find acceptable we will happily sit down with them. However, it seems that my counterparts at Westminster will not do this, and it remains to be seen what a future government will do.

“We are unwavering in our commitment to supporting and empowering LGBTQI+ people in Scotland. We will continue to work across government towards a society that is equal and fair, and where everyone can live as they are.

“Devolution is fundamentally flawed if the UK Government is able to override the democratic wishes of the Scottish Parliament. We will be ready to challenge its use on future Scottish legislation, and to protect the democratic will of this parliament.”


Social Justice Secretary statement

Petition of the Scottish Ministers for Judicial Review of the Gender Recognition Reform (Scotland) Bill


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