THE Scottish and UK governments are set to clash in court over the controversial Gender Recognition Reform Bill.

The Scottish Government has confirmed it will challenge the UK Government's decision to block the bill.

Shirley-Anne Somerville, social justice secretary, has informed the Scottish Parliament that the Scottish Government will lodge a petition for a judicial review of the Secretary of State for Scotland’s use of Section 35 to block the bill becoming law.

The UK Government meanwhile said it will "robustly" defend its decision.

The bill was passed in Holyrood in December but the UK Government used its powers to stop it from becoming law stating it interfered with UK equality law.

Ms Somerville said: “The Gender Recognition Reform Bill was passed by an overwhelming majority of the Scottish Parliament, with support from members of all parties.

“The use of Section 35 is an unprecedented challenge to the Scottish Parliament’s ability to legislate on clearly devolved matters and it risks setting a dangerous constitutional precedent.

“In seeking to uphold the democratic will of the Parliament and defend devolution, Scottish Ministers will lodge a petition for a judicial review of the Secretary of State for Scotland’s decision.”

The bill was backed by MSPs 86 to 39 in a vote. In general, the SNP, Greens, Labour and LibDems supported and the Conservatives opposed, with some MSPs going against their party line.

Scottish Secretary, Alister Jack, intervened with the UK Government stating the bill would modify a UK act from 2004 in a way that would have an adverse effect on the operation of the Equality Act 2010 as it applies to reserved matters.

Ms Somerville added: “Our offers to work with the UK Government on potential changes to the Bill have been refused outright by the Secretary of State, so a legal challenge is our only reasonable means of resolving this situation.

“It is important to have clarity on the interpretation and scope of the Section 35 power and its impact on devolution. These matters should be legally tested in the courts.”

Alister Jack, Scottish secretary, said: "The UK Government will robustly defend the decision to prevent the Scottish Government's Gender Recognition Reform Bill from becoming law.
"I made the order under Section 35 of the Scotland Act 1998 after thorough and careful consideration of all the relevant advice and the policy implications.

"I was very clear in the accompanying Statement of Reasons how the bill would have an adverse effect on reserved matters, including on the operation of the law as it applies to Great Britain-wide equalities protections.

“The use of the power is entirely within the devolution settlement as set out from its inception, with cross party support.”