The Scottish Conservatives have today urged the First Minister to drop his threat of a legal challenge to the UK Government over the “reckless” Gender Recognition Reform Bill – and instead redraft it.
Equalities spokesperson Rachael Hamilton has written to Humza Yousaf asking him to stop “the confrontational posturing” and accept that Nicola Sturgeon’s legislation is opposed by the vast majority of Scots.
His newly appointed deputy, Shona Robison, said in a Good Morning Scotland interview today that the First Minister would decide whether or not to challenge the Scottish Secretary’s Section 35 Order after reviewing legal advice on the issue.
But Rachael Hamilton says that Humza Yousaf must admit the SNP government badly misjudged the mood of the public by railroading through Holyrood a bill that threatens the safety of women and girls.
Scottish Conservative equalities spokesperson Rachael Hamilton MSP said: “Now that he is no longer chasing votes from SNP members, Humza Yousaf should drop the confrontational posturing towards the UK Government and go back to the drawing board.
“Nicola Sturgeon’s reckless GRR Bill is deeply unpopular with the Scottish public because it compromises the safety of women and girls.
“Rather than digging an even deeper hole for the Scottish government, the First Minister should stand up to the Scottish Greens and acknowledge the legitimate concerns of women’s groups and the majority of Scots.
“The Scottish Secretary had to intervene because the GRR Bill would impact on equalities legislation across the rest of the UK. Humza Yousaf should reflect on that – and the concerns of the public, who have been ignored until now – and redraft this flawed legislation.
“Everyone wants to make life better for trans people, but this bill leaves women vulnerable to bad-faith actors.”
Notes
Transcript of relevant section of Shona Robison interview on Good Morning Scotland today:
Gary Robertson: Because one of the big issues during this leadership campaign, certainly in the first few weeks was the gender reform recognition act that was passed just before Christmas. You steered that through Parliament. You were the Minister responsible. Humza Yousaf is now looking at the legal advice and whether he challenges the UK Government on their section 35 Order, effectively vetoing that. Are you convinced that that legal advice is watertight?
Shona Robison: Well, first of all, of course, the bill had the support of two-thirds of the Scottish Parliament and members of all five parties voted for that bill. So, this is a piece of legislation supported by the Scottish Parliament...
GR: None of that is in dispute, but what is in dispute is the legal situation around that bill. Are you convinced that the legal advice that you sought and were given is watertight?
SR: Well, I'm not going to comment on legal advice Gary, you wouldn't expect me to do so but the First Minister will... (inaudible as Gary interrupts)
GR: But you wouldn't pursue through Parliament a bill that was legally unsound, would you?
SR: Well, of course not but the First Minister has to see that legal advice and he has to make his own judgment after seeing that full legal advice and that of course, is what he will do. But of course, there's a point of principle here, whatever your view on the GRR Bill, this is a piece of legislation passed by Parliament by an overwhelming majority and of course, there is a pattern of behaviour here from the UK government, not just on the GRR bill, but on the internal market act, looking at the DRS scheme, looking at the use of the Sewell convention over and over and over again. So, there's an issue about the respect agenda here. And that's something that you know as a government, we absolutely have to uphold the parliamentary democracy within Scotland.
GR: Is it possible that you looked at the legal advice and you decided to pursue this, that the new First Minister could look at the legal advice and come to a completely different conclusion?
SR: Well, ultimately, it'll be for the First Minister to come to that conclusion once he has seen the full legal advice, and that is something that he will do as an early priority.