The current controversy over the UK government’s determination to overthrow the Scottish Parliament’s bill to make it easier for trans people to gain legal recognition of their gender has made people realize how unfair/ridiculous the devolution of power really is . 

Until 1999, the UK Parliament was the source of all legislation across the whole of the UK. Since then, devolution has meant that Scotland, as well as Wales and Northern Ireland, have had independent legislatures which pass laws on devolved responsibilities. The Scottish Parliament has had the power to pass primary legislation since 1999 and passed 282 Acts between then and the end of 2018.

The Scottish Parliament can legislate on anything that is not reserved to the UK Parliament but the UK Parliament retains the ability to legislate on any matter for any part of the UK, including in Scotland However since 1999 the UK Parliament has followed a convention (the Sewel convention) that means it will not normally legislate on devolved matters with the Scottish Parliament’s consent.

The Scottish Parliament’s Gender Recognition Act was enacted in part after the majority Conservative Party in the UK Parliament ditched their plans to legislate on this matter. Under the new law  In order to change the gender marker on their birth certificate, a trans man or woman must apply for a Gender Recognition Certificate, or GRC (non-binary people have no path the legal recognition as things stand).

However, under UK law, they must submit evidence including a medical diagnosis and proof they’ve lived as their true gender for two years. The new Law removed the need for a diagnosis and lowered the age limit to 16., but the  Tories (Conservatives)  are now threatening to block the bill from becoming law in an unprecedented intervention.

The Scottish Parliament, however, is blessed with a very determined leader in Nicola Sturgeon  who described the UK’s Prime Minister’s move to block the gender bill is a ‘full-frontal attack’ on the Scottish Parliament.  She added that it threatens its ability to make its own decisions on devolved matters.

And the reasoning of the UK Government is the claim this legislation would have an adverse impact on the operation of Great Britain-wide equalities legislation.

Shame on them, and we hope that if necessary Ms. Sturgeon takes the fight to the Courts.