John Swinney says gender reform legislation will not be introduced by his SNP Government

First Minister John Swinney has ruled out introducing legislation on gender reform after a previous law was vetoed by the UK Government.

Swinney said his Government cannot legislate in this “area” or proceed with a previous plan that fell foul of the devolution settlement.

However, a Government source said there is no change in position.

The last year of Nicola Sturgeon ’s administration was dominated by a bill to make it easier for trans people to change gender.

But the plans were hugely controversial as critics believed they posed a risk to women and girls.

MSPs passed the gender recognition reform bill (GRR) but Scottish Secretary Alister Jack issued an order preventing it from coming into force.

The Court of Session upheld his decision.

In an interview with Sky News, Swinney said he would not try and introduce a new law:

“The reality of the situation we face is that the Supreme Court [sic] has said that we can’t legislate in that area. We can’t take forward that legislation. I accept the rule of law and that’s the position we find ourselves in, that we cannot proceed with that legislation.

“But i think what’s the most important thing that I can say is that to LGBT people in our society, the Scottish Government is on their side, we have been on their side and we will be on their side in the years to come.”

Asked if would abandon the GRR bill, he said:

“We quite simply can’t proceed with it. It’s legislation that can’t be implemented, so we cannot take that forward.”

Dr Nick McKerrell, a law lecturer at Glasgow Caledonian University, said Swinney was wrong on GRR not being able to go forward.

He wrote: "Misreading of the law here from John Swinney. There was no Gender Reform law ruling from the Supreme Ct. And the s.35 veto does not preclude altering the Bill. I would have thought he would have known that."

A Scottish Government spokesperson said: “The GRR Bill was passed by the Scottish Parliament. If the UK Government lifted its legal block – the section 35 order - it would become law.

“The problem is that the current UK government has said they will not.

“The Scottish Government’s position is simple - UK Government should lift their section 35 order.

“They have made clear however that they will not, and until they do, it is simply not legal to implement the legislation.”

SNP figures were hopeful a compromise on gender reform could be reached with an incoming Labour Government.

However, Labour leader Sir Keir Starmer was critical of the GRR bill and is enthusiastic about returning to the issue.

Swinney's deputy Kate Forbes, whose appointment has been criticised by the Scottish Greens, was a GRR sceptic.

He said: “The protection of the rights of LGBT individuals in our society is absolutely fundamental to my government – the protection of those rights and the enhancement of those rights.”

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