By Biodun Busari

Scotland’s First Minister Humza Yousaf has said he will embark on a legal challenge against the United Kingdom Government over its verdict to block the Gender Recognition Reform Bill.

According to Daily Mail, under the Scottish Bill, passed by Members of the Scottish Parliament (MSPs) last year, people who want to change their legally-recognised gender will no longer have to obtain a formal medical diagnosis of gender dysphoria to do so.

However, the UK Government, in January, stepped in to restrict the law on the grounds that it would inhibit, and have a “serious adverse impact” on, UK-wide equalities legislation.

But, in the latest development, Yousaf, who replaced Nicola Sturgeon after she resigned from the role last month, said he would challenge the decision to veto the reforms.

In a statement released on Wednesday, Social Justice Secretary Shirley-Anne Somerville disclosed the Scottish Government’s plans to launch legal action.

Somerville said: “The Gender Recognition Reform Bill was passed by an overwhelming majority of the Scottish Parliament, with support from members of all parties.

“The use of Section 35 is an unprecedented challenge to the Scottish Parliament’s ability to legislate on clearly devolved matters and it risks setting a dangerous constitutional precedent.

“In seeking to uphold the democratic will of the parliament and defend devolution, Scottish ministers will lodge a petition for a judicial review of the Secretary of State for Scotland’s decision.

“The UK Government gave no advance warning of their use of the power, and neither did they ask for any amendments to the Bill throughout its nine-month passage through Parliament.

“Our offers to work with the UK Government on potential changes to the Bill have been refused outright by the secretary of state, so the legal challenge is our only reasonable means of resolving this situation.

“It is important to have clarity on the interpretation and scope of the Section 35 power and its impact on devolution. These matters should be legally tested in the courts.”

A Section 35 order, which has never been used before now, has the power to stop a Holyrood Bill from receiving royal assent.

Scotland Secretary of State Alister Jack said the UK Government intends to “robustly defend” the legal challenge.

UK Prime Minister Rishi Sunak said the decision to block the Bill had been made “after taking very careful and considered advice”.

Speaking to reporters in Belfast on Wednesday, Sunak added: “We had concerns, as the UK Government – the Secretary of State – set this out at the time, about how Scotland’s gender recognition act would interact with reserved powers, about the operation of the Equalities Act, the protection of women elsewhere in the UK as well.

“That’s why we took the decision to block the GRR. Obviously, there’s a court process, we will follow that through.”

Jack said: “The UK Government will robustly defend the decision to prevent the Scottish Government’s Gender Recognition Reform Bill from becoming law.

“I made the order under section 35 of the Scotland Act 1998 after thorough and careful consideration of all the relevant advice and the policy implications.

“I was very clear in the accompanying statement of reasons how the Bill would have an adverse effect on reserved matters, including on the operation of the law as it applies to Great Britain-wide equalities protections.

“The use of the power is entirely within the devolution settlement as set out from its inception, with cross-party support.”