Scotland Act 1998: Section 35 Power - Statement

Part of the debate – in the House of Lords am 7:13 pm ar 18 Ionawr 2023.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Lord Offord of Garvel Lord Offord of Garvel The Parliamentary Under-Secretary of State for Scotland 7:13, 18 Ionawr 2023

The noble Baroness’s well-informed comments indicate the sensitivities that we are dealing with in Scotland and the wider UK. The Bill as its stands risks creating significant complications from two different gender recognition regimes in the UK, which could allow for more of the fraudulent or bad-faith applications that we are very worried about. Adverse effects could include impacts on the operation of single-sex spaces, particularly for women and children, whether in prisons, clubs, associations or schools. There could be adverse effects on protections for equal pay and single-sex spaces.

The question was on whether the UK Government should have engaged more with the Scottish Government in the process. We set out our concerns. The Minister for Women and Equalities met the Scottish Cabinet Secretary for Social Justice before the Bill moved to stage 3 in the Scottish Parliament. In the last two to three years, the UK Government have consulted widely on the GRA. It remains the Government’s view that this legislation strikes the right balance in the protections mentioned by the noble Baroness. This was well known to the Scottish Government. All the concerns that have been raised on behalf of women’s groups and from notable folks—whether the UN special rapporteur, the independent EU expert on protection for violence against women, or the Equality and Human Rights Commission —were put to the Scottish Government, but they have continued to push ahead with this legislation.

We have not been alone in expressing concerns regarding the Bill’s impact on the Equality Act and women and girls specifically. This has been a constant issue since these proposals were first published. It is very unfortunate that those ongoing concerns were not given more weight and that the legislation was not paused to allow further discussions between the Governments.