Welsh Government finance minister has called for the power to make it easier for people to change their gender - and criticised the UK government for blocking Scotland's attempt to change the law.
Vaughan Gething was speaking after the UK government said it would use its power to block the Scottish Government's Gender Recognition Reform (Scotland) Bill from becoming law. It is the first time the UK government has used the power in 25 years. Nicola Sturgeon called it "an affront to democracy" but the UK government said it was acting because the Scottish plans conflicted with the UK-wide Equality Act for which it is responsible.
Mr Gething said that "anyone who believes in devolution" should be "concerned" about the UK government's intervention and said the Welsh Government would like the power to legislate on trans issues.
He said: "The First Minister been clear that we don't have the powers, but we would like the powers and we would consider how to legislate if we had. Now, I actually think that the trans community are being used as a wedge issue. This is an area where you need more understanding and kindness and the way this has been approached, is an ideal way to do neither of those things. So I understand why people are upset and why passions are high."
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Speaking at a press conference on Tuesday, he added: "This is is really something that anyone who believes in devolution should be genuinely concerned about. The UK Government have a way to engage with other governments and other parliament's that does not mean that you have this cliff edge choice about the full scrutiny of a bill and then, at the very end, rather than going to the Supreme Court, they make an alternative order.
"This is why our proposals for reforming the union are real and serious. For people like me who believe in the future of the Union, we need a union that works. Where you don't have an approach where the UK Government is the sole and only arbiter and there isn't a recognized process to resolve disputes in a way that we have set out. I'm pleased that the UK Labour Party is taking this seriously with the work that Gordon Brown is doing well. I do think we've got an opportunity to both reform the union and save it for the future."
He also accused the UK Government of using trans people as a "wedge issue" and stoking division. He said: "The Scottish Parliament has gone through a full scrutiny process of its bill, it's taken evidence and considered that. And you have to start by recognizing that trans people's rights are the most contested and disputed in the UK. Now, I think when you look at what the Scottish Parliament has done, you need to recognize people across the Scottish Parliament voted in favour of this bill. Now, I haven't gone through the same scrutiny and evidence gathering process. But I do recognize that a number of people that transition [feel that] the process currently too difficult to gain gender recognition certificate and what the Scottish Parliament haven't done is 'you will or won't have certificate' it is about how you get it. In many ways it mirrors what happens in other European countries.
"And this, I think, is part of the the honest policy challenge that if what the Scottish Parliament's done is so difficult, then why does the UK Government recognise gender recognition certificates at the same age, [from] a number of other European countries. There is eight or nine different European countries that they recognize but they are not prepared to recognize for the Scottish Parliament has done on a genuinely cross party basis.
"The First Minister been clear that we don't have the powers, but we would like the powers and we would consider how to legislate if we had. Now, I actually think that the trans community are being used as a wedge issue. This is an area where you need more understanding and kindness and the way this has been approached, is an ideal way to do neither of those things. So I understand why people are upset and why passions are high."
Speaking in the House of Commons, Plaid Cymru's Westminster leader Liz Saville Roberts said: “This is a calculated attack on devolution, democracy and trans rights. It is increasingly clear that this tired and bitter Tory Government will weaponise any issue – no matter how sensitive – to subvert devolution. If this was really about protecting the Equality Act, Ministers would be referring this issue to the Courts. They wouldn’t be withholding their own legal advice, rather than taking unprecedented unilateral action.
“What does he have to say to the unionist Welsh Labour Minister, Vaughan Gething, who today said that this UK Government undermines the union?”
To this Alister Jack replied: “We are supporting the union - the devolution bill is what we believe in and section 35 order was democratically put there and we believe that we have to take the legal advice we have and people say ‘read out the statement of reasons’, the statement of reasons and my order have been submitted to parliamentary authorities and will be available in the time frame when they decide to release them this afternoon. You will be able to read everything you want to read there as to the reasons behind this but essentially, it's about protecting and safeguarding women and children where we believe there are adverse effects.”
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