Devolution: UK government to block plans for Scottish gender law

The 129 Members of the Scottish Parliament debate and vote in the Parliament building at Holyrood in Edinburgh

For the first time ever the UK government has stopped a Scottish law, arguing it will affect people in the the rest of the UK.

UK ministers have decided to block the planned law - known as a Bill - which was designed to make it easier for people to change their legal gender, as they say it would affect equalities law for the whole of the UK.

The Scottish government says the bill would not change the law in the rest of the UK. Scottish First Minister Nicola Sturgeon argued, as the Bill was passed by the Scottish Parliament, by blocking it the UK government is denying Scottish democracy.

The argument over the Bill is important as it is about the powers, rights and limits of the Scottish Parliament, and about laws around gender. Read on to find out more.

Can Scotland make its own laws?

UK Prime Minister Rishi Sunak and Scottish First Minister Nicola Sturgeon

Under the laws of the UK, the elected Scottish Parliament has the right to make its own laws over certain parts of life in Scotland.

These include things like education, heath and the environment - and this system, called devolution, is part of the way the UK is run.

The Scottish National Party (SNP), the biggest party in Scotland, would like things to go further and would like Scotland to become fully independent from the rest of the UK and be able to make all their own laws.

Rules that are decided by the Scottish Parliament are called 'devolved' and rules that fall under the power of the UK government are called 'reserved'.

Part of the devolution set up includes a rule called Section 35 of the Scotland Act which allows the UK government, "as a matter of last resort", to stop new laws being brought in in Scotland that they think would have a negative effect on the rest of the UK

The UK government has successfully stopped planned Scottish laws before on the basis that Members of the Scottish Parliament (MSPs) had gone beyond their powers.

But it has never before blocked a Scottish bill on the basis that it would affect laws in the rest of the UK.

What is the planned law?

Campaigners for the bill held rallies outside the Scottish Parliament

The arguments are about a planned Scottish law called the Gender Recognition Bill.

This law would make it easier and quicker for people to legally change their gender - and to get an official certificate saying that they have done so - and it would also lower the age at which people could apply to legally change their gender from 18 to 16.

The arguments in Scotland around the changes have been controversial, with many people in all parties having different views.

To those supporting the law, the changes it would allow are seen as bringing fairness to a minority group, and are very important to the people affected by the rules as they stand now.

Campaigners against the bill also held rallies outside the Scottish Parliament

Those who opposed the changes have argued that they would have a negative impact on UK equality laws that protect women, and that 16 is too young to decide to officially change your gender.

After several debates, the Scottish Parliament voted to support the changes by by 86 votes to 39.

Issues around gender laws are among the powers given the Scottish Parliament to decide on (devolved), but issues around equality are UK wide, so fall under the UK Parliament (reserved).

Many experts believe that the argument is likely to end up being debated in court.

What have people said?

First Minister Nicola Sturgeon

Scotland's First Minister Nicola Sturgeon called the move a "full-frontal attack" on the Scottish Parliament.

She said the Scottish ministers would "defend" the bill, warning if the veto succeeded it would be the "first of many".

The Scottish government has previously said that "any attempt by the UK government to undermine the democratic will of the Scottish Parliament will be vigorously contested".

The SNP's leader at Westminster, Stephen Flynn said: "This is about democracy. The Scottish parliament has voted in favour of legislation that sits within devolved competencies and it is incumbent upon Westminster to ensure that the legislation is passed in full".

Prime Minister Rishi Sunak

For his part, UK Prime Minister Rishi Sunak has said that he is concerned that the planned Scottish law will conflict with equality laws which apply across the UK.

"Obviously this is a very sensitive area and I know there were very robust debates and exchanges on it.

"What I'm concerned about is the impact of the bill across the United Kingdom. As is entirely standard, the UK government would take advice on that.

"There may be impacts across the UK that we need to be aware of and understand the impact of them."

Labour politicians in Scotland who supported the bill have called on Scottish and UK ministers to find a solution, although UK Labour Party Leader Sir Keir Starmer has said he has "concerns" about the changes and told the BBC that he believes 16-year-olds are too young to change their legal gender.