Summary

  • The Scottish government launches a legal challenge to Westminster's block on its controversial gender identity plans

  • Minister Shirley-Anne Sommerville tells Holyrood that the move was "not taken lightly"

  • MSPs voted in December last year to pass the Gender Recognition Reform Bill by 86 votes to 39

  • The proposals in the GRR Bill would make it easier for people in Scotland to change their legally recognised gender

  • The UK government decided to block the reforms using a Section 35 order for the first time

  • Scottish Secretary Alister Jack said the bill could have a potential impact on UK-wide equality laws

  1. Gender row legal challenge likely to fail - judgepublished at 14:47 British Summer Time 19 April 2023

    Media caption,

    The chance of a legal challenge succeeding are "low", according to a former Supreme Court judge

    The Scottish government's chances of winning a legal challenge over the gender reform row are "very low", a former Supreme Court judge has said.

    Lord Hope said a UK government document outlining its reasons for blocking the Scottish reforms was "devastating".

    And he said Scotland's first minister was risking wasting a lot of time and money by taking the issue to court.

    He instead called for both sides to attempt to find compromise "in a much calmer atmosphere".

    Lord Hope claimed it was "quite wrong" to characterise the UK government's blocking of the bill as an attack on devolution.

    The Scottish government says the UK government's use of the Section 35 order to block the bill is an attack on democracy.

    Read more here.

  2. What's happening with Scotland's gender reform plans?published at 14:42 British Summer Time 19 April 2023

    Trans rights protestersImage source, PA Media

    The UK government's decision to block legislation that aims to make it easier for people in Scotland to change their legally recognised gender is to be challenged in court.

    The Scottish government has confirmed that it will take legal action against the use of a Section 35 order.

    Scottish Secretary Alister Jack has used a Section 35 order, external to prevent the Gender Recognition Reform (Scotland) Bill from gaining Royal Assent

    MSPs voted in December last year to pass the controversial Gender Recognition Bill, external by 86 votes to 39.

    Click here for detailed analysis of the row.

  3. Analysis

    The legal arguments over Scotland's gender reformspublished at 14:37 British Summer Time 19 April 2023

    Philip Sim
    BBC Scotland political correspondent

    Trans rights and womens' rights protestorImage source, PA Media

    The Scottish and UK governments are set for a courtroom showdown over Holyrood's gender reform legislation after Scottish ministers announced a legal challenge.

    UK ministers used veto powers for the first time ever to block the Gender Recognition Reform (Scotland) Bill. But that decision will now be examined by judges at Scotland's Court of Session - and it could end up in the Supreme Court.

    Click here for our political correspondent Philip Sim's detailed analysis of the legal arguments on both sides.

  4. What is a Section 35 order?published at 14:34 British Summer Time 19 April 2023

    The UK government is blocking the gender reform legislation under what is known as a Section 35 order.

    It prevents legislation passed by Holyrood from being given royal assent if the Scottish secretary believes it would have a detrimental impact on areas reserved to Westminster.

    This is a power which was written into the Scotland Act to give the sovereign parliament at Westminster a veto in certain circumstances.

    But it was a highly controversial move, given both the sensitivities of the legislation involved and the enmity between the administrations in Edinburgh and London.

    This row is an unprecedented one, because previous disputes have been about whether certain topics are within Holyrood's remit or not.

    Here, it's broadly accepted that MSPs were acting within their powers when they passed the bill. What's in question is how the law interacts with UK legislation, and whether it could have consequences which would echo out across the rest of the UK.

    That means the Scottish government's main route of challenge is a judicial review at the Court of Session.

  5. Block on Scottish gender reforms to be challenged in courtpublished at 14:29 British Summer Time 19 April 2023

    Media caption,

    Block on Scottish gender reforms to be challenged in court

    The Scottish government is to launch a legal challenge to Westminster's block on its controversial gender reforms.

    The proposals, which would allow people in Scotland to self-identify their sex, were passed by the Scottish Parliament in December last year.

    But they were blocked by the UK government over their potential impact on UK-wide equality laws.

    First Minister Humza Yousaf has previously described that move as an "undemocratic veto".

    Read more here.

  6. Welcomepublished at 13:38 British Summer Time 19 April 2023

    Good afternoon and welcome to our live coverage of the Scottish government's statement on its legal challenge to the UK government's decision to block the Gender Reform Bill.

    The Scottish government has confirmed that it will take legal action against the use of a Section 35 order by Scottish Secretary Alister Jack.

    The statement is due to begin at 14:50 this afternoon

    We'll bring you reports and analysis and you can watch the statement by clicking on the play icon at the top of the page.