It would be “completely reasonable” for the UK government to consider blocking new gender reforms in Scotland, Rishi Sunak has said.
On Thursday, the Scottish parliament voted to make it easier for people to change gender – but within hours Westminster made clear it could stop the changes from going ahead.
Speaking during a visit to a homeless shelter in London, the prime minister said: “Lots of people have got concerns about this new bill in Scotland, about the impact it will have on women’s and children’s safety.
“It’s completely reasonable for us to look at it and understand the consequences on women and children’s safety and decide on the appropriate course of action.”
MSPs voted to pass the Gender Recognition Reform (Scotland) Bill by 86 votes to 39 in what was hailed as a “historic day for equality”.
The new legislation will lower the age people can apply to change their gender to 16, remove the need for a medical diagnosis of gender dysphoria for a gender recognition certificate (GRC) and reduce the time an applicant needs to live in their acquired gender.
Last night Kemi Badenoch, the equalities minister, also said the UK government was “looking at provisions that can prompt reconsideration” of the reforms.
“The Scottish government has not addressed the full implications of their bill – especially on the lives of women and girls,” she said.
“The UK government is now looking at provisions that can prompt reconsideration and allow MSPs to address these issues.”
In a statement after the final vote, Scottish secretary Alister Jack went as far as to say he may invoke section 35 of the Scotland Act, which gives him an effective veto on laws he believes impact on reserved matters.
This power has not been used before.
While gender recognition is a devolved matter, ministers are concerned about the impact of the bill on equality laws, which are the preserve of Westminster.
Any action to block the legislation would be unprecedented and likely to spark another bitter constitutional row between the two sides.
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Challenge to legislation ‘will be vigorously contested’
The Scottish government warned that “any attempt by the UK government to undermine the democratic will of the Scottish Parliament will be vigorously contested”.
This message was repeated by Shona Robison, the Scottish social justice secretary, who told BBC Radio Scotland on Friday: “The bill as passed is absolutely within legislative competence and of course was backed by an overwhelming majority with support from all parties.
“I think any attempt by the UK government to undermine what is, after all, the democratic will of the Scottish parliament, it will be vigorously contested by the Scottish government.”
The passage of the legislation was also marred by protests at Holyrood, with opponents of the legislation interrupting proceedings as Ms Robison brought the debate to a close, and another shouting “shame on you” from the public gallery after the final vote.
Opponents of the legislation have questioned its potential impact on women and girls, particularly in relation to single-sex spaces, though the Scottish government has insisted little will change and exceptions barring trans people from single-sex spaces in some circumstances in the Equality Act will stand.
Nicola Sturgeon, the first minister, has been a strong supporter of the bill, previously saying she will “never apologise for trying to spread equality”.
The new law has prompted rebellions across the chamber, with nine SNP MSPs voting against, including former minister Ash Regan who resigned in protest – the first time that has happened over a policy matter during Ms Sturgeon’s premiership.