What do you think?
Thank you for your recent email to the Rt Hon Alister Jack MP, Secretary of State for Scotland, on the Gender Recognition Reform (Scotland) Bill, which the Scottish Parliament passed on 22 December 2022. I have been asked to respond to you on the Secretary of State’s behalf.
The UK Government’s view is that the balance struck in the Gender Recognition Act 2004, which currently governs the law in this area, is correct. The system provides proper checks and balances, while also supporting people who want to change their legal sex.
Gender recognition is, however, a devolved matter in Scotland. This means that the Scottish Parliament has competence to legislate in this area.
Now that the Bill has passed through the Scottish Parliament it is the role of the UK Government to scrutinise the Bill and its effects – including any implications it has across the UK, such as for the 2010 Equality Act and other UK wide legislation. This is a standard process that applies to all legislation passed by the Scottish Parliament.
Many people have concerns about the impact this Bill will have. It is reasonable for the UK Government to look at this and how it will affect women and children’s safety across the UK, before deciding what the appropriate course of action is.