Sir Keir Starmer has set himself on a collision course with Scottish Labour after raising “concerns” with the Gender Recognition Reform bill.
The UK party boss did not rule out blocking the controversial legislation if he becomes prime minister but said he wants to wait to see what legal advice the UK Government has received.
The Scottish Government passed changes last month which will allow trans people to obtain a gender recognition certificate without the need for a medical diagnosis – a process known as “self-identification”.
The Bill also lowers the minimum age for applicants to 16 and drops the time required to live in their acquired gender.
Why are the two groups at odds?
Sir Keir said he believes 16 is too young and he is worried the rule change may contravene the Equalities Act.
But his intervention sets him directly at odds with Scottish Labour leader Anas Sarwar, who instructed his MSPs to vote in favour of the Bill.
It is just the latest division between bosses at Holyrood and Westminster after we revealed how Labour is split over drug consumption rooms.
Mid Scotland and Fife MSP Claire Baker and her party colleague Carol Mochan both quit their frontbench roles in order to vote against the gender recognition bill.
Meanwhile, Dundee-based MSP Michael Marra was allowed to skip the vote to save his job as education spokesman.
Sir Keir explains his concerns
Speaking to the BBC’s Sunday With Laura Kuenssberg programme, Sir Keir said: “I have concerns about the provision in Scotland, in particular the age reduction to 16 and in particular the rejection of our amendment in relation to the Equalities Act.”
Pressed on whether he thinks someone of 16 is old enough to decide to change their gender, he replied: “No, I don’t think you are.”
North East MSP Maggie Chapman accused Sir Keir of ignoring the views of the Scottish Parliament, including the majority of Labour MSPs.
She said: “This is a shameful intervention from the Labour leader, who is showing a total disregard for the rights of trans people in Scotland and beyond.
“He is repeating toxic Tory talking points and legitimising the views of a hostile and anti-trans government that is threatening to overrule the Scottish Parliament.”
PM considering legal advice
Downing Street officials said on Saturday that the full legal advice to ministers has not yet been reviewed and no decisions have been made.
That is despite multiple reports suggesting the advice has given Prime Minister Rishi Sunak the legal cover he requires to apply a Section 35 order to block the Bill from becoming law.
Transport Secretary Mark Harper said ministers are awaiting “detailed analysis” of how Scotland’s gender law will affect UK legislation, such as the Equalities Act.
SNP Westminster leader Stephen Flynn said the UK Government would be “overstepping massively” if it tries to block the law change.
He said: “It’s not reasonable at all in any way shape or form because it is a devolved matter for the Scottish Parliament to determine.
“The Scottish Parliament has determined its position.
“We elect members to the Scottish Parliament to create legislation, to put in place laws to enhance the lives of people in Scotland. The GRR is going to do just that.”