Starmer Voices ‘Concerns’ Over Scotland’s Law Allowing Gender Self-ID

Labour leader says 16 is too young to change gender

Labour leader Sir Keir Starmer speaks to the media outside BBC Broadcasting House in London, on Jan. 15, 2023. James Manning/PA Media

Labour Party leader Sir Keir Starmer on Sunday said he has “concerns” over Scotland’s new law that would allow 16-year-olds to legally change their gender.

The opposition leader told the BBC that he does not think 16-year-olds are old enough to make the decision, but he refused to be drawn on whether he would block the law if he was in government.

Scotland’s First Minister Nicola Sturgeon accused Starmer of not being “willing to stand up” to “Tory attacks,” insisting the UK government doesn’t have the right the block the bill.

Downing Street said Scottish Secretary Alister Jack will make a statement by Wednesday.

Scotland’s Parliament in December passed the Gender Recognition Reform (Scotland) Bill, becoming the first UK country to back changing legal gender without the need to provide medical evidence, a process commonly known as gender self-ID.

The bill lowers the eligible age for making a Gender Recognition Certificate from 18 to 16. The requirement to have lived in the “acquired gender” for two years has been shortened to three months for adults and six months for 16- and 17-year-olds, plus a three-month cooling off period.

The bill is currently waiting for royal assent before it can officially become law, and the UK’s central government in London is considering legal advice about whether to block it.

Supporters of the Scottish Family Party take part in an anti Gender Reform Bill demonstration and protest against changes to guidance regarding sex education in schools outside the Scottish Parliament in Edinburgh on Jan. 12, 2023. Jane Barlow/PA Media

In a report published for Conservative think tank Policy Exchange (pdf) earlier this month, Michael Foran, lecturer in Public Law at the University of Glasgow, said the bill will fundamentally change the nature of the Equality Act in Scotland and across the UK and that Whitehall is “within its legal rights” to block the bill from gaining royal assent in its current form.

Starmer: 16 Not Old Enough

The ruling Scottish National Party (SNP) was able to push through the bill with the backing of most MSPs from Labour, Green, and Liberal Democrat parties.

Most Conservative MSPs opposed the bill, along with a number of SNP rebels, including minister Ash Regan who resigned from the government to vote against the bill.

Questioned about his view on the BBC’s “Sunday with Laura Kuenssberg” show, Starmer said he has “concerns about the provision in Scotland, in particular the age reduction to 16, in particular the rejection of our amendment in relation to the Equalities Act.

“I think we should modernize the law and I think we need a respectful debate that recognizes the different arguments that are being made at the moment. This is just treated as a political football from start to finish. I don’t think that actually advances the cause of anyone,” he added.

Pressed to clarify whether he would not agree that 16-year-olds are old enough to legally change their gender, Starmer replied, “No, I don’t think they are.”

But the former prosecutor refused to answer whether he would block the bill if he was the prime minister, saying, “I’m going to wait and see what the government says.”

No. 10: No Decision Made

A spokesman for Downing Street said the UK government has made “no decision” at this point, adding that Jack will make an announcement soon.

“It’s the secretary of state for Scotland who is the ultimate decision-maker and you can expect to hear from him before the deadline on Wednesday,” he said.

Transport Secretary Mark Harper said ministers are awaiting “detailed analysis” before making a decision about “whether that legislation impacts on legislation elsewhere in the UK.”

First Minister Nicola Sturgeon during a press conference on winter pressures in the NHS, at St. Andrews House in Edinburgh on Jan. 16, 2023. Lesley Martin/PA Media

Sturgeon shot back sharply at Westminster, saying any blocking of the bill would display contempt for the Scottish Parliament.

“If we see a challenge this week we will be seeing yet more evidence from this UK government of complete contempt for the Scottish Parliament and for devolution in principle, ”she said, arguing it’s a “very, very slippery slope” for Westminster to block Scottish bills.

Commenting on Starmer’s expression of concern, Sturgeon said, “I start to wonder, and I suspect I am not the only one who starts to wonder, if there is anything Keir Starmer is willing to stand up and be counted on in the face of Tory attacks?”

Stressing that Scottish Labour had backed the bill, Sturgeon said if Starmer was to support a block “he would be showing utter contempt for his own Scottish party as well as the Scottish Parliament.”