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Feminism: Sex and gender discussions

Scotgov loses bid to postpone court battle over Gender Reform

10 replies

ArabeIIaScott · 04/08/2023 16:34

https://www.bbc.co.uk/news/uk-scotland-scotland-politics-66409588

'The Scottish government has failed in a bid to delay a judicial review of Westminster's decision to block its gender recognition reforms.
The review is due to be held at the Court of Session next month.
But lawyers for the Scottish government argued it should be delayed until after an appeal in a separate case concerning the definition of "woman" is heard.
The request was rejected by judge Lady Haldane, who said the issues in the two cases were different.'
'Advocate Paul Reid told Lady Haldane that the postponement was needed because of an appeal brought to the Inner House of the Court of Session by the feminist campaign group For Women Scotland that is due to be held in October.
That case centres on the definition of "woman" in the Gender Representation on Public Boards Act, which is designed to increase the numbers of women who sit on public boards in Scotland.
Mr Reid said that the outcome of the For Women appeal could have ramifications for the Scottish government's judicial review.'
'However, David Johnston KC - who was acting for the UK government - argued that the two cases dealt with different legal issues and there was therefore no need for a delay.
He also said the Scottish government knew of For Women Scotland's appeal at the time the September hearing was arranged and their request for a delay had come "too late".
And he said it was in the public interest to have the matter heard as soon as possible.
Lady Haldane agreed with Mr Johnston, and refused the Scottish government's request for a delay.
She said: "I do not accept that the issues in the For Women Scotland case and the issues in the this motion brought by the petitioners are the same.
"In the event that For Women Scotland is successful in the Inner House, further submissions on the case can be made for whatever they see is appropriate."

In a way nothing has changed here; the court dates remain set. But this preliminary showdown does tell us a few things.
It appears the UK government intends to base its arguments on the narrow tests set out in the Scotland Act, and whether Alister Jack acted "rationally" - and thus lawfully - when he vetoed Holyrood's gender reform bill.
The Scottish government meanwhile appears to be building broader arguments about gender reform, bringing in case law concerning a different piece of legislation entirely.
It also means we are likely to see this judicial review unfold in the weeks running up to the crucial by-election in Rutherglen and Hamilton West.'

protestors

Scottish government loses bid to delay gender reform review

A judicial review of the UK government's block on gender reform legislation is to be held next month.

https://www.bbc.co.uk/news/uk-scotland-scotland-politics-66409588

OP posts:
OP posts:
IWillNoLie · 04/08/2023 16:43

When they were legislating the GRR bill they didn’t feel it necessary to consider the Haldane judgement, but they do now? 🤔

EmmaDial · 04/08/2023 16:44

I hope they don't make public criticism of Lady Haldane, she will have them for breakfast.

IwantToRetire · 04/08/2023 16:46

I cant understand how Lady Haldane is allowed to take the decision.

Personally I am not against what she had said here, but as she was basing her decision on the implications of a judgement she made, I would have thought the appropriate thing would have had a judge who was not associated.

Hope this isn't then used against the decision to go ahead.

IWillNoLie · 04/08/2023 17:01

IwantToRetire · 04/08/2023 16:46

I cant understand how Lady Haldane is allowed to take the decision.

Personally I am not against what she had said here, but as she was basing her decision on the implications of a judgement she made, I would have thought the appropriate thing would have had a judge who was not associated.

Hope this isn't then used against the decision to go ahead.

I guess she considers that she isn’t commenting on her last judgement as this is about the Scotland Act. But I agree it would be better to have a judge with no links to either case. But her judgement was that men with a GRC are legal women so I can’t see how she could decide that changing this did not impact on reserved legislation?

EmmaDial · 04/08/2023 17:21

I thought that this was about the timing and date of the upcoming hearing. Not a comment on previous decisions.

IwantToRetire · 04/08/2023 17:27

I thought that this was about the timing and date of the upcoming hearing. Not a comment on previous decisions.

From the OP

She said: "I do not accept that the issues in the For Women Scotland case and the issues in the this motion brought by the petitioners are the same.

"In the event that For Women Scotland is successful in the Inner House, further submissions on the case can be made for whatever they see is appropriate."

ie clearly indicating that there is a link.

EmmaDial · 04/08/2023 17:36

"In the event that For Women Scotland is successful in the Inner House, further submissions on the case can be made for whatever they see is appropriate."

These issues are therefore to be argued in the case. Isn't that what it is about?

IwantToRetire · 04/08/2023 17:48

Lady Haldane is going to be the sitting judge on the court case between the UK Government and the Scottish Government.

However she was also the judge who decided the outcome of the ForWomen case and therefore has an opinion as her judgement showed.

But she has now been part of a process that questions whether the appeal on her judgement re ForWomen should be heard first before the new case.

Whatever the outcome of the appeal, the fact is it will be a comment on her judgement of a case she is now saying has not bearing on whether the new case goes ahead.

How is that impartial?

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