Scotland Act 1998: Section 35 Power - Statement

Part of the debate – in the House of Lords at 7:13 pm on 18 January 2023.

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Photo of Lord McConnell of Glenscorrodale Lord McConnell of Glenscorrodale Labour 7:13, 18 January 2023

My Lords, I do not recall every individual discussion we had in Cabinet during my time as First Minister, but I do recall this discussion in 2004 in great detail. It was quite possibly the most complex discussion we ever had on a single piece of legislation, and that decision to go for a legislative consent Motion and legislate consistently across the UK was not taken lightly at the time. It was taken primarily to protect the interests of transgender people—not to protect the state or the union, but to protect the interests of individuals who had to live and work across the whole of the United Kingdom. So, this issue needs to be taken very seriously and from a point of principle.

The Scotland Act was designed to make sure that we also did not have conflicting legislation that caused difficulties across the UK; therefore, this does need to be looked at in the detail outlined by the Secretary of State. Will the Government guarantee to have constructive discussions with the Scottish Government about finding a way through the difficulties that have been outlined? Will they publish the minutes of the meetings that took place between the Ministers, because there are conflicting claims about those meetings? If there is an agreement reached that allows this legislation to work across the whole of the UK, will the Government withdraw the Section 35 order in the spirit of unity that this would then mean?