Swinney abandons Sturgeon’s controversial gender self-ID plans

John Swinney has formally abandoned Nicola Sturgeon’s controversial gender self-ID plans after admitting that they could not be implemented.

The new First Minister said he would not try to revive the Gender Recognition Reform Bill because the “reality of the situation” was that the courts had ruled against it.

Speaking at the end of his first week as First Minister, he also ruled out a proposal by his predecessor, Humza Yousaf, to work with an incoming UK Labour government to make the changes.

His intervention comes after allies said he wanted to move away from identity politics, which have hit the SNP’s poll ratings, and back to bread and butter issues such as the economy and the NHS.

Mr Swinney dumped the plans after the SNP ended its power-sharing agreement with the Scottish Greens, who backed self-ID.

The Bill would have allowed Scots to change their legal gender by signing a statutory declaration, dropping the requirement for a formal medical diagnosis of gender dysphoria.

Alister Jack, the Scottish Secretary, made an order under Section 35 of the Scotland Act to prevent the legislation getting Royal Assent – the first time this power had ever been used. He argued that the legislation undermined UK-wide protections for women, including female-only safe spaces.

After succeeding Ms Sturgeon as First Minister, Mr Yousaf pressed ahead with a petition for a judicial review of the decision despite legal experts warning that he had little chance of success.

The Court of Session in Edinburgh rejected claims by the Scottish Government that Mr Jack had acted irrationally and could not justify his concerns.

Mr Swinney told Sky News: “The reality of the situation we face is that the Supreme Court [sic] has said that we can’t legislate in that area. We can’t take forward that legislation. I accept the rule of law, and that’s the position we find ourselves in, that we cannot proceed with that legislation.

“But I think what’s the most important thing that I can say is that to LGBT people in our society is that the Scottish Government is on their side, we have been on their side and we will be on their side in the years to come.”

Mr Swinney said he had not discussed abandoning the Gender Recognition Reform Bill with Kate Forbes when appointing her as his Deputy First Minister. The devout Christian had previously said she would have voted against gay marriage, although she emphasised that she would not roll back existing rights.

The First Minister also insisted that Scotland could become independent within five years despite deep divisions in the scandal-hit SNP and polls showing that it has fallen behind Labour.

He said separation could be delivered by 2029 “because the arguments for it are compelling”, citing Brexit and the cost of living crisis and arguing that breaking away from the UK “is the answer to that”.

‘Bad decisions taken in Westminster’

Mr Swinney admitted he had “work to do” to build public support for independence, but said: “That’s what my leadership will be all about.” He will insist he has a mandate for another independence referendum if the SNP wins a majority of the 57 seats that will be contested in Scotland in this year’s general election following boundary changes.

A new Savanta poll for the Scotsman found 48 per cent backing for independence and 52 per cent opposition, and that Labour is on course to replace the SNP as Scotland’s largest party in both Westminster and Holyrood.

The survey found the nationalists are on course to lose 30 of the 48 seats they won in 2019, with Labour surging from one to 28. That would appear to leave Mr Swinney’s independence plans dead in the water.

An analysis by Prof John Curtice, the UK’s most eminent polling expert, found Labour is on course to become the government at Holyrood at the 2026 election, with 47 seats to the SNP’s 35.

Asked by Sky News whether Scotland could break away within five years, Mr Swinney said: “I think independence can be delivered in that timescale because the arguments for it are compelling.

“If we look at two of the biggest issues we face as a country in Scotland, the effect of the cost of living and the implications of Brexit, both of those are major strategic factors that are doing severe economic and social damage to Scotland because of bad decisions taken in Westminster. And independence is the answer to that.”

He said Scotland was “forced out of the European Union against our will” because a majority in the county had voted Remain in the 2016 referendum.