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 Offord of Garvel Lord Offord of Garvel The Parliamentary Under-Secretary of State for Scotland 7:13, 18 January 2023

That just indicates the sensitivity of the matter we are dealing with. On the face of it, the Scottish Government Bill allows the Equality Act to continue, because the GRC works within the architecture of that Act, but the Bill has changed the criteria for applying for that GRC, and that has a significant impact, as we have discussed. Therefore, it will need to be discussed in detail and sensitively.

At the end of the day, the issue we are dealing with in this Chamber right now is that the Government believe it would be significantly complicated to have two different gender recognition regimes in the UK, and that this would create a lot of problems between Scotland and England. As the noble Lord, Lord McConnell, said, up until now, and at all points through the discussion, it was considered that the Scottish system should remain within the UK system. We do not see any evidence for why that has changed.