Try explaining why it does!
Printable View
Forgetting the act itself for a minute, what’s the process for a s35 order? I take it it will go to court but who is it that will have to bring the case?
Sent from my iPhone using Tapatalk
It doesn't affect the rights of transgender people in England, Wales or anywhere else. All that the legislation will change is make it less traumatic and difficult for transgender people to be recognised for who they are.
Mark Drakeford has said that Scotland has made the right decision and I suppose Wales will look to introducing similar legislation meaning that Westminster is out of step with the rest of the UK.
I think the issue is that there has been a lot of talk about a clash in the laws. But no-one has said "HOW" that alleged clash plays out in terms of how it affects people in Scotland, in language that we can all understand.
If we had that, perhaps the debate could be had on a decent basis.
If I decide to recognise as a woman using the new rules in Scotland do I use woman's changing facilities when in Newcastle even though English law wouldn't have allowed me to recognise as a woman?
Is that the/a problem?
AIUI, you can do that anyway, under current GRA (English and Scottish) and EA legislation. Equally, under the EA, the other users of that space can ask for you to be excluded.
The new GRRA doesn't change that for the Newcastle situation. It's the intention of the GRRA that it won't change in Scotland either.
https://www.bbc.co.uk/news/uk-politi...gn=Social_Flow
The end of devolution.
Sent from my iPhone using Tapatalk
The GRR, which removes any sort of checks and balances when it comes to applying for a GRC, will (if it receives royal assent) apply only in Scotland. However, it's the SG's contention that GRCs issued under the new law should be accepted anywhere in the rest of the UK, where regulation around GRCs is stricter. On that basis any institution outwith Scotland refusing to recognise these GRCs would potentially be in breach of the Equality Act. An example would be a male prisoner from Scotland in an English/Welsh/NI prison receiving a Scottish GRC and requesting a move to a women's prison. Essentially, the SG are trying to amend UK equality law.
Personally I remain unclear why, if equality matters are reserved, why this bill ever saw the light of day at Holyrood.
I suspect Sunak was hoping one of the feminist groups which campaigned so hard against the legislation would get him off the hook here and initiate legal proceedings, but I gather funding for such a challenge is short following their previous legal battles with the SG.
What should certainly not happen is for bad law (which this bill is) to pass unchallenged simply because Westminster are worried that might be a bad look. They should draw confidence from polling which shows majority public opposition to hhe bill and give Sturgeon the fight she's so clearly spoiling for. She may not end up looking too clever.
Edit: I see they have now done just that.
[QUOTE=weecounty hibby;7233924]Very good point this. It’s why I’ve pretty much stayed out of this thread too.
As someone who usually has no problem forming a strong opinion and arguing stubbornly about it (even with limited knowledge) 😁, I find this topic really difficult.
As always, there will be some loud people on both sides, and some with genuine reasoning. But for me it’s about the toughest political debate I can remember in terms of having a strong view on one side or the other.
And no doubt some of those loudest voices will have their strong opinion based on “sturgeon” seeing as being on the opposite side.
Now that we can’t pass legislation that the Tories in England don’t like, I’m wondering what the point of the parliament is?
Sent from my iPhone using Tapatalk
A s35 Order requires that its precise legal basis be explained. That explanation will (or should) be published when Jack lays the order before Parliament.
Once that has been established, IMO the likelihood is that the next move will be in the Court of Session.
Slowly Scotlands rights will be no more, the democratic Scottish Parliamentoveruled because Westminster dont like it, welcome to Brexit Britain.
https://www.stonewall.org.uk/about-u...on-reform-bill
No real point posting this stuff I suppose. It’s now a constitutional issue.
Sent from my iPhone using Tapatalk