Motion 104
Misuse of Section 35 Orders for Attacking Progressive Change
“That this Congress notes that following cross-party support for the Gender Recognition Reform (Scotland) Bill by the Scottish Parliament in 2022, the UK Secretary of State for Scotland evoked a Section 35 Order to block the Bill from gaining royal assent and becoming law.
“Congress further notes that the GRR Bill was one of the most scrutinised pieces of legislation to come before the Scottish Parliament. By using a Section 35 Order, the UK Government has blocked legislation on administrative reforms to ease access to Gender Recognition Certificates – something which will affect only a few thousand people wishing to marry and be buried with dignity.
“Congress is concerned at the implications this block and delay will have on the lives of trans people.
“Congress is further concerned at the misuse of Section 35 in recent times by the Secretary of State and the undermining of both Scottish democracy and devolution.
“Congress condemns any Westminster Government misusing their powers to attack progressive legislation.
“Congress commends the Scottish Government for lodging a petition with the Scottish Court of Session, seeking a judicial review of the UK Government’s usage of Section 35 to block the GRR Bill, however, is extremely disappointed that the Scottish Government lost its court case against the UK Government.
“Congress calls on the General Council to:
- re-affirm its support of the GRR Bill to improve the lives of trans people; and
- express its concern at the misuse of Section 35 Orders and the undermining of Scottish devolution and democracy.”
Mover: STUC Annual LGBT+ Workers’ Conference
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