THE SNP is to drag Rishi Sunak into court to try to force through Scotland’s controversial gender laws.
Scots ministers will fight his decision to block Nicola Sturgeon’s Gender Recognition Reform Bill, they said yesterday.
New First Minister Humza Yousaf has called Westminster’s decision ‘undemocratic’ and vowed to fight it in court
Westminster said earlier this year it would use Section 35 of the Scotland Act to halt the bill. It claimed the laws would create different legal systems across the UK.
But new First Minister Humza Yousaf has called that decision “undemocratic” and vowed to fight it in court.
It comes as the SNP is under pressure from a police investigation into its finances.
The new law would make it easier for people north of the border to legally change their gender. It would also reduce the age for getting a gender recognition certificate from 18 to just 16.
Scotland’s Social Justice Secretary Shirley-Anne Somerville said: “The use of Section 35 is an unprecedented challenge to the Scottish Parliament’s ability to legislate on clearly devolved matters and it risks setting a dangerous constitutional precedent.
“In seeking to uphold the democratic will of the parliament, Scottish ministers will lodge a petition for a judicial review of the Secretary of State for Scotland’s decision.”
But yesterday Scottish Secretary Alister Jack insisted UK ministers were entitled to use their powers.
He said: “The UK Government will robustly defend the decision to prevent the Scottish Government’s Gender Recognition Reform Bill from becoming law.
“The use of the power is entirely within the devolution settlement as set out from its inception.”
A judge will look at the case in Scotland’s top civil court — the Outer House of the Court of Session.
