S35 decision tomorrow

Holy shit, the community note! 😆

https://x.com/KirstySNP/status/1732722672885227782?s=20

The SNP and greens will be shouting about how this means Scotland needs independence.

From here it looks very much like a very good argument for the UK and it’s reserved powers.

I do also find the rhetoric of brave little Scotland going it alone, but always following in the footsteps of someone bigger and cooler. If it’s not the EU, it’s the Nordic countries, or maybe it’s Canada or New Zealand. Regardless, it makes Scotland look like a little kid in the playground trying to be like the big kids and copying their ideas, while throwing a huge tantrum to its parents because it’s a big kid and can do things itself.

Yes. There is a real problem where a party can basically insulate a preferred politician from the electorate by making them a list MSP. You can probably guarantee a certain share of the list votes regardless - so no one votes for good old Maggie and still she’s part of the government.

Maybe a decent measure would be to insist that ministers must be drawn from the constituency MSPs who are actually voted for individually. That would disincentivise the use of the regional lists to keep people in parliament for as long as it suits the party.

On 17 January 2023 the Secretary of State for Scotland made the Order under section 35 of the Scotland Act 1998. The Order blocked the submission of the Gender Recognition Reform (Scotland) Bill for Royal Assent. The issue for the court was whether that Order was lawfully made. The Lord Advocate, appearing on behalf of the Scottish Ministers, invited the court to reduce it (declare it to be of no legal effect).

The opinion concludes that the Order is lawful and dismisses the petition. In particular, it makes clear that, first, the Secretary of State adopted the appropriate procedure in invoking section 35. Second, that because the Bill modifies the meaning of “full gender recognition certificate” it does modify the law as it applies to reserved matters. Third, that the reasons provided by the Secretary of State for making the order are rational and adequate.

https://www.judiciary.scot/home/sentences-judgments/judgments/2023/12/08/petition-of-the-scottish-ministers-for-judicial-review-of-the-gender-recognition-reform-%28scotland%29-bill

This is great news and I am really glad that the web page spells it out so clearly.

And (although I was feeling doom laden) I think it shows that Lady Haldane in facts rules on cases based on how laws are actually written. (ie none of us might like it but her ruling on SSE & EA was just that saying this is what it says)

But ... as discussed on other threads it isn't just Scotland. Both Wales and NI want to enact something similar to the Scottish GRR.

So wonder if (behind the scenes) Scotland will be urged to appeal, despite cost, to continue the challenge to not just get their way with their GRR but to create a pecedent in terms of devolved administrations not being "under the yoke" of Westminster.

I'm feeling a tiny bit sorry for you today!

And, wafting on the breeze, there came the undeniable waft of common sense.

Ever onwards.

YIUS HUV ALL FORGOTREN THE BABY BOXES SAE QUICKLY

I voted Lib-Dem and they went into coalition with the Tories, much to my dismay.

Yep, me too.

I will never vote Green again under any circumstances.

I will probably never vote yes again in an Independence referendum unless there's massive change. It's not safe for women.

I used to think that the SNP wanted independence. I used to vote for them and I voted yes in the referendum.

Same here. I have voted Green too. I wanted social justice, which I thought was more likely with independence, and to make the environment #1 priority. Silly me.

Thank goodness. Though I'm sure we haven't heard the last of this.

chaser

https://unherd.com/thepost/scotlands-gender-ruling-is-a-victory-for-feminists/

Humza's doing the whole 'ooh, this just shows we need independence' (you'd shit yourself if that actually happened, pal) and this is the best reply I've seen so far -

'Dunno, mate, not sure getting the law embarrassingly wrong in an attempt to relegate women to second class citizens within their own sex class demonstrates you need more power.'

x.com/Serena_Partrick/status/1733132420176593002?s=20

The fact that this is a decision by a Scottish court no doubt underlies the SNPs plans for a compliant judiciary.
https://www.mumsnet.com/talk/scotsnet/4952591-anyone-understand-what-the-scottish-government-are-trying-to-do-with-the-judiciary

'they have 21 days in which to decide whether to appeal.'

Great news from the Court of Session. If Youseless pursues an appeal then he’s an even bigger fool than he appears, but Patrick and Lorna will point him in the direction they want him to go I’m sure.

It also helps that Lady Haldane presided as she has ruled in favour of ScotGov on related matters. Harder to claim bias in that case.

I hadn't cottoned on to the fact that the decision was made in a Scottish court, so thanks to the PP who mentioned it. It's a very important aspect of the case, because it makes it difficult for Humdinger and Co to claim that it was all down to Evil Rishi in Westminstershire.

Excellent result.

Over or not, it's delightful news and I'm especially relieved for posters in Scotland, congratulations.

It isn't over yet..

I suspect not, but the dam has most definitely cracked.

https://twitter.com/WWWheesht/status/1733136877396406660?s=19

You need the sound up on the clip that plays

An interesting précis of the judgment:

https://twitter.com/AileenMcHarg/status/1733142258130555223

https://www.spectator.co.uk/article/its-time-for-humza-yousaf-to-end-this-gender-bill-farce/