Blocking the Gender Recognition Reform Bill

Section 35 of the Scotland Act 1998 allows the Secretary of State for Scotland, a minister of the UK government, to prohibit a bill passed by the Scottish Parliament from being submitted for royal assent. The exercise of such a power is no light matter. There is a danger that the basic principles of devolution might be undermined. There is a danger of an abuse of power for political ends. The power was by Alister Jack, the then Secretary of State for Scotland, by an order made on 17 January 2023, to strike down a bill on gender recognition reform which had been passed by a large majority of the Scottish Parliament after years of consultation, evidence-taking, deliberation and debate. The Scottish government petitioned the Court of Session to have the order struck down. The petition failed. This article suggests that the decision is disappointing and constitutionally dangerous.