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Scott Wortley Profile picture
Scott Wortley
@Scott_Wortley
Scottish Law lecturer. Interest in statutory interpretation & legislation, Accidental mental health advocate.
Nov 18 • 12 tweets • 3 min read
The article by @danroan on the @twelve0fiveUK protests and the FA approach allowing natal males to play women's football sets out the FA position. The FA position demonstrates a lack of understanding of the legal position
bbc.co.uk/sport/football… The FA position is set out here.

It effectively suggests that lhe law is stopping it from implementing a policy such as is adopted in athletics and rugby and swimming. It suggests the test on excluding transwomen from women's football is one of strict necessity. Image
Sep 16 • 6 tweets • 1 min read
Deeply uncomfortable at those attacking a colleague in relation to their research and teaching. The essence of academic freedom in a university is that we can present and test views, challenging perspectives and preconceptions. This applies to people you disagree with too. Good faith argument on legal matters lies at the heart of a legal system and academic legal work. Develop and present arguments and test them. And teaching at its best will be informed by research, and good research is informed by the classroom too.
May 20 • 11 tweets • 2 min read
i have found the Adams v ERCC case very upsetting today. The more I read of the judgment the more upset I found it.
This is a service which is for those at their most vulnerable. Trauma informed care would prioritise the service user (the survivor for want of a better expression) but instead the service prioritised ideology over care, the interests of one member of staff over the interests of those using the service.
The signs were there when Wadhwa appeared on a podcast urging those who had been abused and sought single sex care to reframe their trauma.
Apr 25 • 11 tweets • 3 min read
If the first minister resigns office (rather than notifies intent to resign to allow a leadership election to take place) then there are 28 days to fill the vacancy - Scotland Act 1998, s 46 legislation.gov.uk/ukpga/1998/46/… the selection of first minister is then in accordance with standing order 11.10 of the Scottish Parliament standing orders. parliament.scot/about/how-parl…
Jan 3 • 10 tweets • 5 min read
The screenshot here are very interesting and suggest that the claim of drafting the Equality act was being used as a means of attempting to give additional weight to views on the meaning of the legislation, despite that being legally irrelevant. It appears that Ms Clark has been claiming to have written or authored the act for some 5 and a half years on here. Sometimes the claim is that she wrote it.

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Jun 17, 2023 • 4 tweets • 1 min read
When students at UG level produce publishable work, or have insights that are worthy of greater exposure, I take the I now understand old fashioned position of encouraging them to publish their work, and help by commenting on drafts and suggest journals. There are few more rewarding things in academic work than seeing a student get published while a student or recent graduate. I am lucky enough to have seen a few students publish work I have supervised (as dissertations).
Jun 17, 2023 • 19 tweets • 4 min read
Interesting article but some thoughts.
There is an imprecision of language, which may be unintentional but may be indicative of the point White criticises Foran for about politics determining argument (the "fans with typewriters" problem). White conflates trans and those transpeople with a GRC. The two are distinct. The protected characteristic of gender reassignment does not require a GRC. Section 9 (1) of the Gender Recognition Act 2004 only applies to those with a GRC and therefore as an interpretative tool for other legislation
Apr 12, 2023 • 27 tweets • 4 min read
This thread on the effect of a gender recognition certificate has some flaws.
The wording of this initial tweet is difficult to follow, but Prof Whittle's argument from the thread appears to be that a gender recognition certificate when granted always applies. The first problem with Prof Whittle's analysis is that it disregards the simple wording of s 9 of the Gender Recognition Act 2004.
Apr 12, 2023 • 5 tweets • 1 min read
On the s 35 challenge I don't think anyone can say with certainty that a challenge is utterly futile or pointless, or that a challenge will definitely succeed. The points are arguable. Anyone pretending it is absolutely clear either way should probably not be treated seriously Section 35 (1)(b) has two parts and the Scottish government can challenge both.
(1) that there is a modification of the law as it applies to a reserved matter. and
(2) that the secretary of state has reasonable grounds to believe there would be an adverse affect on operation of
Apr 10, 2023 • 7 tweets • 2 min read
The letter from Ms Badenoch gives the context of cases in scotland and England including FWS2, the scottisn gender reform legislation, the petition in whether sex in the equality act should be defined to specify biological sex and a summary of EHRC statutory role. It then asks for advice (as per the EHRC role) on whether the definition of sex should be amended in the 2010 Act and related legislation and consider possible the merits and demerits of this Image
Jan 14, 2023 • 8 tweets • 2 min read
The reason the UK government can contemplate using s 35 process is because of a series of issues about the relationship between the Equality Act and the bill were not addressed in policy papers, and were not addressed when brought to the attention of ministers or other MSPs Holyrood was not born free. It operates under constitutional constraints. Potential implications for reserved issues (brought into focus by a court decision during parliamentary consideration that MSPs took no evidence on despite holding an extra evidence session after that
Dec 21, 2022 • 10 tweets • 2 min read
With all respect to everyone involved in the parliamentary process in Holyrood if they are seriously trying to keep this going past midnight again tonight - disregarding carers, and those with families, it shows the whole inclusive family friendly parliament thing is bollocks. this isn't just affecting MSPs. There is a team of staff from the government and parliament there. They are servicing a bill that is being treated as an emergency when it is not.
Sep 29, 2022 • 17 tweets • 3 min read
A sale and leaseback is a sale. If they are being mortgaged you can do that with borrowing and a standard security. In that case the council would still own them. In a sale and leaseback the operative word is sale. That transfers ownership to the new LLP glasgow.gov.uk/councillorsand… The council is setting up a LLP to transfer assets (including Kelvingrove) to (see pp 33 to 42 of papers in the last note). That LLP may be controlled by the council but it is a distinct entity, a distance entity which the papers narrate is being established at request of funder.
Aug 10, 2022 • 12 tweets • 2 min read
These stories are never what they seem and generally exhibit a lack of understanding of the purpose of content warnings. I avoid the term trigger warning. Triggers are things those with trauma related conditions are familiar with. Sounds, smells, images, or the like that trigger a trauma based response.
Jun 28, 2022 • 12 tweets • 3 min read
The first minister referred to a reference being made by the lord advocate under Schedule 6 of the Scotland Act 1998. The relevant paragraphs for such references are 33 and 34. The relevant one here is para 34 where there is no existing action. Image What can be referred to the Supreme Court directly is a devolution issue. Devolution issues are defined by para 1 of Schedule 6 Image
Feb 24, 2022 • 11 tweets • 2 min read
Will be interested to see the reasoned judgment on this.
Others will comment on the accuracy of data collection and implications from that.
But the judgment last week had serious problems and it will be interesting to see if the Inner House replicate them. First, there was no meaningful consideration of legislative history of the development of the census legislation (which can be traced back to 1801, with the relevant language introduced in the 1830s).
Dec 5, 2021 • 6 tweets • 3 min read
A thread on the new book about Ewan Forbes Sempill by @zoeplaydon identifying some errors, misunderstandings, and omissions re Scots law, the legal system applicable to the case.
These errors seem fundamental to the argument presented in the book &, I think, warrant examination. This book published by @BloomsburyBooks has been widely reviewed including by @TanyaGold1, @sarahditum & others, with the author interviewed by @amolrajan. It is unfortunate what seem to be serious problems were not identified in the reviews, profiles, and interviews.
Dec 5, 2021 • 23 tweets • 5 min read
Strongly agree with this thread.
I would love to know whether the book was checked by any Scottish trained lawyer because the relevant book is about a Scottish legal case but there appear to be a number of errors or lack of awareness of Scottish law and procedure For example, there is an assertion that there was a right to change the birth certificate if someone was trans rather than intersex. The relevant legislation in Scotland was the Registration of Births, Deaths and Marriages (Scotland) Act, 1854. This statute in s 63 permitted
May 1, 2021 • 7 tweets • 2 min read
Oh look my employer is in the news again.
The document on microaggressions referred to contains the what is transphobia material that the university removed from elsewhere on the website due to its content.

a.msn.com/0E/en-gb/BB1gf… Despite it being problematic in one context justifying its removal the content is contained in this other document and is used for training purposes.
Apr 13, 2021 • 15 tweets • 2 min read
PTSD is trending in the UK. Accompanied by a series of snide references, jokes, and various comments denying the reality of life with PTSD for many who suffer it. My trauma related illness involved flashbacks, reliving experiences in an intensely sensory way triggered by particular circumstances - a smell, a sound, words on the news, a touch, a particular type of person.
Apr 3, 2021 • 8 tweets • 2 min read
Jo Maugham blocked me after I queried his, what seemed to me, misleading representation of Bell v Tavistock despite the fact we had had, I thought, a convivial discussion when he came to speak about Brexit litigation at Edinburgh law school the other year. Very surprised by the interview he has done with Grace Lavery where he suggests a judge is transphobic based on casual references to her demographic and the fact that he disagrees with a decision she reached. That sort of thing should be unacceptable.