Legal gender recognition in Scotland: room to challenge in Westminster? - Chamber UK

In Chamber UK magazine, Lui Asquith discusses legal perspectives on devolution and judicial review within the context of Scotland's Gender Recognition (Scotland) Bill 2021, and dissects the Government's reasoning for its veto.

Gender recognition is a devolved matter, meaning that the Scottish Parliament can legislate in this area unless the UK Government considers that a new piece of Scottish legislation would have an adverse effect on the operation of law as it applies to reserved matters. In those cases, the UK Government can veto legislation that has been passed. Lui explains that although the Government can veto legislation, the Government's veto is itself subject to anyone with standing bringing a judicial review challenge, and explores the Government's reasoning for the veto.

"There are elements of the Rationale that are a cause for concern and expose its weakness. First, the Rationale omits proper consideration of the Government's equality and human rights obligations, including its international duties. Secondly, it focuses instead on an unevidenced fear of misuse of a system. There is no data to support this proposition."

The full article can be read online at Chamber UK.

Lui Asquith is an associate in the public law and regulatory litigation team. They regularly advise both claimants and defendants on all aspects of public law and regulatory matters, with a focus on judicial review. They have a particular interest in public interest litigation including cases touching on issues concerning human rights law, government policies and environmental justice; and judicial reviews and discrimination claims.