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Original poster

What now in Scotland?

32 replies

Sausagenbacon · 18/01/2023 08:24

Can I ask for clarity on this?
Am I right in thinking that the reforms to the GRA discussed last night are dead in the water?
Is it expected that Westminster and Holyrood have to meet to discuss the way forward, as some speakers said, or do Holyrood have to come up with better legislation that won't be knocked back under Section 35?

OP posts:
bellinisurge · 18/01/2023 09:59

It's section 35 of the Scotland Act (or rather its invocation by this government in this case) that would go to the Supreme Court. Assuming either side doesn't concede beforehand.

Signalbox · 18/01/2023 09:35

Sausagenbacon · 18/01/2023 08:47

Sorry, can someone explain where the Supreme Court stands? Does all failed legislation go to there?

No there’s a hierarchy of courts. This would probably go to JR in the first instance then to SC but I’ve read it could be referred directly to the SC in this case but I don’t know if that’s correct or not.

BetsyM00 · 18/01/2023 08:50

Yes, the GRR Act is dead in the water. As far as I can tell, the Scottish Government now has two options: go back to drawing board and come up with a Bill that doesn't make "modifications of the law as it applies to reserved matters", or challenge the Secretary of State's view that he has "reasonable grounds to believe would have an adverse effect on the operation of the law as it applies to reserved matters". It looks like Sturgeon has opted for the latter. It will be heard in the Court of Session in Edinburgh unless the Lord Advocate refers it directly to the Supreme Court.

Which will be interesting as she will be trying to do what was warned nigh on impossible regarding fraudulent applications under the Bill - disprove a belief held by someone.

Original poster
Sausagenbacon · 18/01/2023 08:47

Sorry, can someone explain where the Supreme Court stands? Does all failed legislation go to there?

OP posts:
Signalbox · 18/01/2023 08:40

My understanding it’s in the SG’s hands now what they do. The SG can either come back with reasonable amendments that Westminster are happy offer protection for women and children (but since they don’t accept that there are any safeguarding issues this seems unlikely) or they can take it to court. NS has indicated they intend to take it to court.

bellinisurge · 18/01/2023 08:37

I suspect the inclusion of trans so-called "conversion therapy " is the quid pro quo to appease the menzfeels.

bellinisurge · 18/01/2023 08:35

It will now go to court. All the way up to Supreme Court. Perhaps those safeguards which Lloyd Russell wotsisface talked about (while belittling a woman talking about trauma) and which Holyrood roundly rejected, are back on. And the Haldane Judgment means UK law needs clarification to show that sex means biological sex in the Equality Act.
Plus some clearer guidance on when a GRC owner can be excluded from single sex spaces.