Comment

Nicola Sturgeon’s unwise trans law

Scottish Secretary Alistair Jack has said he will examine whether to block the legislation – it is something he should seriously consider

Nicola Sturgeon in Holyrood

Now that her controversial bill to allow people as young as 16 to “self declare” their gender has been passed by MSPs, Nicola Sturgeon may well believe that she has made her mark as a social reformer. However, far from being lauded as a welcome change to the law, the First Minister’s Gender Recognition Reform (Scotland) Bill is a problematic piece of legislation that was fiercely contested in three days of bruising Holyrood encounters.

The author J K Rowling was a high-profile opponent, but many other women – including one SNP minister who resigned over the matter – are concerned that it will prove harmful for women and girls. Gender recognition certificates issued in Scotland are also likely only to be valid north of the border; Kemi Badenoch, the UK Minister for Women and Equalities, wrote to Ms Sturgeon urging her to withdraw the reform.

This situation has been brought about by the First Minister’s refusal to countenance a pan-UK approach. Indeed, she has given no proper explanation for choosing a unilateral route, leading to the conclusion that it is just another stick with which to beat the UK Government, at a time when support for another independence referendum remains low. Her rush to get the bill through Holyrood is also a mystery when she has nothing by way of worthwhile legislation up her sleeve.

The Scottish Tories were justified in using parliamentary guerilla tactics to try to delay the bill. Labour’s whipped vote in favour of the legislation shamefully aided its passage. Alister Jack, the Scottish Secretary, has said the UK Government is now examining whether to block it. It is an approach he should seriously consider.