News story

Gender Recognition Reform (Scotland) Bill: statement from Alister Jack

Scottish Secretary Alister Jack has made an order under section 35 of the Scotland Act 1998, preventing the Scottish Parliament’s Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.

• From: Office of the Secretary of State for Scotland and The Rt Hon Alister Jack
• Published: 16 January 2023
• Last updated: 17 January 2023 — See all updates

This was published under the 2022 to 2024 Sunak Conservative government

Scottish Secretary Alister Jack said:

I have decided to make an order under section 35 of the Scotland Act 1998, preventing the Scottish Parliament’s Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.

After thorough and careful consideration of all the relevant advice and the policy implications, I am concerned that this legislation would have an adverse impact on the operation of Great Britain-wide equalities legislation.

Transgender people who are going through the process to change their legal sex deserve our respect, support and understanding. My decision today is about the legislation’s consequences for the operation of GB-wide equalities protections and other reserved matters.

I have not taken this decision lightly. The Bill would have a significant impact on, amongst other things, GB-wide equalities matters in Scotland, England and Wales. I have concluded, therefore, that this is the necessary and correct course of action.

If the Scottish Government chooses to bring an amended Bill back for reconsideration in the Scottish Parliament, I hope we can work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation.

I have written today to the First Minister and the Scottish Parliament’s Presiding Officer informing them of my decision.

Further Information

Oral statement by Scottish Secretary Alister Jack to the House of Commons on 17 January 2023 in relation to the Gender Recognition Reform (Scotland) Bill.

The statement of reasons related to the order under section 35 of the Scotland Act 1998 preventing the Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.

Published 16 January 2023
Last updated 17 January 2023 + show all updates

1. 17 January 2023

   Added links to the Secretary of State's oral statement to the House on 17 January 2023, and a link to the statement of reasons related to the order under section 35 of the Scotland Act 1998 preventing the Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.

2. 16 January 2023

   First published.