Thread by @DalgetySusan

🧵I am no lawyer, but @ianssmart is. A damn fine one and former President of Law Society of Scotland. He wrote an article a few days ago which sets out his informed opinion that reform of the GRA is outwith the legal competence of the Scottish parliament ianssmart.blogspot.com

Let me summarise: Under the 2004 GRA Act, a gender recognition certificate means that for all purposes, a person's acquired gender is their new legal sex. A man becomes a woman, legally (and vice versa of course)

As Ian says in his blog, "a woman is a matter of law, someone born a woman, or possessed of a gender recognition under the 2004 Act"

This dual definition of a woman is enshrined in the Equality Act 2010 where sex and gender reassignment are both protected characteristics.

Scotland's Court of Session ruled last week, in the case brought by @ForwomenScot, that the Scottish government's attempt to change the protected characteristic of gender reassignment in the Public Boards Act 2018 was beyond the Scottish Parliament's legal competence.

Given that the proposed bill to reform the GRA proposes to redefine that same protected characteristic by changing the process of gender reassignment - introducing self ID - logic (and law) suggests that too is beyond the Scottish Parliament's legal competence

To quote @ianssmart : "So, if the Gender Recognition Reform (Scotland) Bill seeks to redefine "a woman", as I think it does, then it is beyond the legislative competence of The Scottish Parliament."

Question for the Scottish Government. The Lord Advocate needs to sign off the Gender Recognition Reform bill as legally competent, but will Dorothy Bain feel able to do that in light of the Court of Session's decision last week?

Is it possible, as Ian suggested earlier today, that the ministerial statement scheduled for next Thursday is NOT the publication of the bill, but a holding position while the legal ramifications of @ForwomenScot's legal victory are considered?

https://twitter.com/ianssmart/status/1496451690098307075?s=20&t=5bunU-HE-yJYA-BnYIXmSg

I hope I have summarised Ian's blog properly (I am sure he will let me know if I have not), but for the avoidance of doubt, here is the primary source again. ianssmart.blogspot.com