NICOLA Sturgeon confirmed the Scottish Government will seek a judicial review to appeal the UK Government’s decision to veto gender reforms.
She warned it would “inevitably end up in court” as Alister Jack gave a statement in the Commons outlining why the decision had been taken.
Speaking to the BBC, the First Minister said the move to block the legislation was a “profound mistake” and that it was a “direct attack on the institution of the Scottish Parliament”.
She added: “It will be characterised as a spat between the UK Government and the Scottish Government, it is much more significant than that.
“Obviously the subject matter of this legislation is important, it affects our vulnerable stigmatised group. But actually, the significance is much wider.
“This piece of legislation that was consulted on twice, scrutinised probably more than any other piece of legislation in the whole lifetime of the Scottish Parliament, passed by a two thirds majority of MSPs, including MSPs from all parties in the parliament."
The Scottish Secretary was grilled in the Commons over why he had not raised any concerns he had about the bill when it was being debated last month.
He also squirmed when asked a question about what a Gender Recognition Certificate was for.
Sturgeon acknowledged that the row “will inevitably end up in court”.
She added: “It doesn't automatically go to the Supreme Court as another part of the Scotland Act would have resulted in, so this is something the Scottish Government will have to judicially review.
“Now, obviously, we will see what reasons the UK Government managed to set out in the order they present before the House of Commons. But I can say categorically, the Scottish Government will vigorously defend this legislation.
“But in doing so we will be vigorously defending something else. And that is the institution of the Scottish Parliament, the ability of MSPs, democratically elected, to legislate in areas of our competence. In short, we'll be defending Scottish democracy.”
Sturgeon warned that “no good faith” has been used by the UK Government.
She added: “If there had been these concerns, and I still don't understand the basis for these concerns about the interaction with the Equality Act, would have been raised at a much, much earlier stage through some of the formal processes that are in existence.
“This is a UK Government that is increasingly hostile to the Scottish Parliament. And this is not the first attack on the Scottish Parliament we've seen, it is the more serious to date.”
