A COURTROOM showdown over the blocking of Holyrood’s gender reform legislation will take place this week – but the legal battle could last until…
People take part in a demonstration for trans rights outside the UK Government Office at Queen Elizabeth House in Edinburgh’s gender reform legislation will take place this week – but the legal battle could last until the end of next year, it has been predicted.
Whatever the outcome – which won’t be known for around six weeks – legal experts predict the losing side is expected to appeal given the political significance of the case. “This is a critical hearing which will be the first in a series of hearings on it,” he said. “You could argue the Section 35 probably should be looked at by the Supreme Court because it is such a significant power – it gives the power of veto to the UK Government and has never been used before.
“An appeal would be in the new year, appeal to Supreme Court at the end of next year – so it is the end of 2024 you would probably be talking.” Under the Scotland Act, the Section 35 can be used if it is thought legislation passed by Holyrood will “modify” the law as it applies to reserved matters.WestminsterMcKerrell said: “The first argument the Scottish Government will make is that the Gender Recognition Reform Act does not modify UK law, so therefore the UK Government don’t have the power to do it. Because it is no modification.
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