It is important to determine legal limits of Section 35 – Yousaf

The First Minister said he would ‘explore all options’ if a judicial review is not successful.

Humza Yousaf discussed the gender recognition issue (Jane Barlow/PA) (PA Wire)

Humza Yousaf has said it is important to determine the legal limits of Section 35, after it was used to block Holyrood’s gender recognition legislation.

The First Minister also said he would “explore all options” if the Scottish Government is not successful in its judicial review, at the Court of Session, which seeks to overturn the block.

MSPs from all parties had backed the Gender Recognition Reform (Scotland) Bill in December last year, with the legislation introduced to simplify and speed up the process for trans people to obtain legal recognition in their preferred gender.

But the UK Government said the Bill would have an adverse impact on the operation of the UK-wide Equalities Act, and Scottish Secretary Alister Jack confirmed Section 35 powers would be used to prevent the legislation from going forward.

We have to understand the limits of Section 35

Humza Yousaf, First Minister

Ministers in Edinburgh and London are awaiting a ruling from Scotland’s highest civil court on whether Mr Jack’s move was lawful.

Ahead of the SNP conference, Mr Yousaf discussed the issue with the PA news agency.

He said he would not comment on the case itself, adding: “Whatever way that judgment goes, and if it goes adversely against us, then I will explore all options”.

The First Minister continued: “I think the point of the challenge, the core challenge to Section 35 is we have to understand the limits of Section 35.

“If we don’t know the limits of it, and frankly, if it is limitless effectively, then what does that really mean for self government?

“Does that mean that any Bill we pass as long as that is a ‘reasonable concern’, then it could be struck down?

“If that’s the case, then that’s surely not self-government of any sort.”

He acknowledged the issue is “divisive”, but said it is nevertheless “important” to understand where the limitations on the UK Government’s power lie.

Lady Haldane is presiding over the judicial review and she has said the decision could take some time.