Gender reform: Drakeford says Scottish law block is dangerous precedent
- Published
Mark Drakeford has condemned UK government moves to block a Scottish law making it easier to change gender.
It is the first time Westminster has blocked legislation from the Scottish Parliament since the institution was set up in 1999.
The Welsh Labour first minister said the moves to block the law sets a "very dangerous precedent" for devolution.
Conservative ministers say the changes could impact on equality laws that apply across Great Britain.
The Welsh Conservatives said it was the "right" decision to block the law, and Gower Labour MP Tonia Antoniazzi said the block was "necessary".
The Scottish government wants to simplify the system and speed it up, arguing the current process is too difficult and invasive.
But UK ministers say the reforms would have a "chilling effect" on single-sex spaces and equal pay rules.
Mark Drakeford has said he would like a similar law in Wales, but the Senedd does not have the powers to pass such legislation.
Scotland's Nicola Sturgeon has said the row will "inevitably" end up in court.
In the Senedd on Tuesday Mr Drakeford suggested that his ministers might support the Scottish government, should the matter reach the Supreme Court.
Agreeing with comments by Plaid Cymru leader Adam Price, the first minister said: The UK government's decision to use powers that have never been used in the history of devolution is a very dangerous moment."
"I agree with the first minister of Scotland that this could be a very slippery slope indeed."
He said it was part of a "wider pattern" from the UK government, citing recent breaches of the Sewell Convention - an agreement for Westminster not to legislate in devolved areas without permission of the Senedd first.
He did not answer a question from Mr Price asking if he agreed with UK Labour leader Keir Starmer saying he did not think the new Scottish rules should apply to 16 and 17-year-olds.
Could the UK government block a Welsh law?
To block the gender recognition law the UK government is using section 35 (S35) of the Scotland Act, which allows a UK government Scottish secretary to prevent a bill passed by the Scottish Parliament from becoming law.
The provision has never been used before and has been referred to as a last resort.
A similar order exists in the Government of Wales Act called section 114.
It has never been used, although disputes over legislation have been referred to the Supreme Court in the past.
The Welsh Conservative's Shadow Constitution Minister, Darren Millar, said: "This would not have been an easy decision by the prime minister, but it is the right one."
"We need a UK-wide approach to gender recognition, not a piecemeal one that pits groups against each other and divides communities," he added.
'Failing to respect devolution'
In the House of Commons on Tuesday Gower Labour MP Tonia Antoniazzi accused Ms Sturgeon of allowing independence to cloud "her judgement".
"It is her own party who voted for S35 to be included in the Scotland Act. The rights of women and other vulnerable groups should not be pawns in her constitutional game playing," she said.
"Invoking S35 of the Scotland Act is deeply unfortunate but however necessary because the GRR bill has not taken due consideration of the UK-wide laws and, in fact, it is Nicola Sturgeon that is failing to respect devolution and the UK-wide Equality Act with her dangerous actions," she said.
Plaid Cymru's Liz Saville Roberts told the Commons: "This is a calculated attack on devolution, democracy and trans rights.
"It is increasingly clear that this tired and bitter Tory government will weaponize any issue, no matter how sensitive and they'll do that to subvert devolution."
She put to Scottish Secretary Alister Jack comments by Welsh Economy Minister Vaughan Gething that the UK government was undermining the union.
Mr Jack said: "We are supporting the union".
- Published10 January 2023
