Swinney hits out at Tory gender ‘strategy to undermine Scottish Parliament’

A pledge by the Conservatives to change the Equalities Act is part of a “deliberate strategy to undermine the powers of the Scottish Parliament”, First Minister John Swinney has said.

The SNP leader responded to a Tory election promise to define the protected characteristic of sex as “biological sex”.

Kemi Badenoch, the UK women and equalities minister, also said her party would move to make gender recognition a matter reserved to Westminster while seeking to clarify the Equalities Act.

Business and trade secretary Kemi Badenoch has said the Tories would move to make gender recognition a matter reserved to Westminster while seeking to clarify the Equalities Act. Photo: Stefan Rousseau/PA Wire

On Monday, Mr Swinney visited the Graham’s dairy plant in Stirling alongside his candidate Alyn Smith.

Speaking to journalists, he said: “This is just another step in the Conservative attempts to erode the powers of the Scottish Parliament.

“It’s been going on for some time.”

What would Rishi Sunak’s bid to change Equality Act law around biological sex and gender ID actually mean?

Brexit and the Internal Market Act had weakened Holyrood’s powers, Mr Swinney claimed.

He said: “I want the Scottish Parliament to be a parliament that can address all of the issues that affect the lives of people in Scotland.

“So, what the Conservatives are doing today is part of a deliberate strategy to undermine the powers of the Scottish Parliament.”

In an article for The Times, Ms Badenoch said a future Tory government would legislate to strip the Scottish Parliament of its powers to legislate on issues surrounding gender recognition.

New leaders, elections, ignominy - the Steamie newsletter brings you every side of politics in Scotland

She said: “A permanent solution is required to stop devolved governments messing around in this space.

“We are one United Kingdom and it is impracticable for gender recognition regimes to vary in different parts of the country.

“So, we will also legislate to establish that gender recognition is a reserved matter.”

The Gender Recognition Reform Bill was passed in the Scottish Parliament in 2022 and would have made it easier for transgender people in Scotland to get gender recognition certificates.

However, it was prevented from proceeding to royal assent by an unprecedented order under Section 35 of the Scotland Act 1998, made by Scottish Secretary Alister Jack.

In December, the Court of Session ruled the action was lawful despite a Scottish Government challenge.

Rishi Sunak denied claims his party was waging “phony culture wars” with its pledge to amend the Equality Act to make clear sex means “biological sex” rather than gender.

Asked about the accusations, the Prime Minister told broadcasters: “No. It builds on our track record of treating these issues sensitively and with compassion, as of course we should, but ensuring that our laws are right, our guidance is right to protect the safety and security of women and girls and the wellbeing of our children.

“And I think that’s paramount in all of our minds.”

Pressed on why the Tories have not acted in the 14 years they have been in power, Mr Sunak blamed the SNP’s gender recognition legislation.

“We were also of course dealing with the SNP’s aims to try and make gender recognition on a self-ID basis, which wasn’t right,” he said.

Labour frontbencher John Healey said his party would not amend the Equality Act if it wins the election because there are already provisions to protect single-sex spaces.