Rescuing the Gender Recognition Reform (Scotland) Bill? The Scottish Government's Challenge to the Section 35 Order

On 17 January, the Secretary of State for Scotland, Alister Jack MP, made an Order under s.35 of the Scotland Act 1998 prohibiting the Scottish Parliament’s Presiding Officer from presenting the Gender Recognition Reform (Scotland) Bill (GRR Bill) for Royal Assent. The Bill, which was passed with cross party support on 22 December 2022, seeks to amend the Gender Recognition Act 2004 (GRA) to make it easier for transgender people to obtain a Gender Recognition Certificate (GRC) in Scotland, by removing the need for a medical diagnosis of gender dysphoria, substantially reducing the length of time that a person needs to live in their acquired gender before applying for a GRC, and reducing the minimum age (from 18 to 16) at which a GRC can be granted. This was the first time in the history of devolution that the UK Government has exercised its powers to block legislation made within devolved competence.