Day: December 21, 2023

Gender Recognition Reform Bill: Judgment will NOT be appealed

The Scottish Government will not appeal the judgment in the judicial review challenging the UK Government’s use of a Section 35 order to block the Gender Recognition Reform (Scotland) Bill.

The UK Government’s intervention and subsequent judicial ruling means the Bill cannot proceed to Royal Assent and be enacted.

Social Justice Secretary Shirley-Anne Somerville said: “The Gender Recognition Reform Bill was passed by a majority of the Scottish Parliament and we will not be withdrawing it. However, the UK Government’s unprecedented use of Section 35 means the Bill cannot proceed to Royal Assent.

“If the current UK Government is willing to work together and indicate the changes they would find acceptable we will happily sit down with them. However, it seems that my counterparts at Westminster will not do this, and it remains to be seen what a future government will do.

“We are unwavering in our commitment to supporting and empowering LGBTQI+ people in Scotland. We will continue to work across government towards a society that is equal and fair, and where everyone can live as they are.

“Devolution is fundamentally flawed if the UK Government is able to override the democratic wishes of the Scottish Parliament. We will be ready to challenge its use on future Scottish legislation, and to protect the democratic will of this parliament.”

The UK Government will seek expenses from the Scottish Government for the Section 35 legal battle over the Gender Recognition Reform Bill, Alister Jack has confirmed.

Scottish Trans told supporters: “We are bitterly disappointed about this, as we know many of you will be. The current process to update the sex recorded on our birth certificates is intrusive and difficult.

“Last year’s Bill was not perfect, but it was a huge step forward towards a much fairer and simpler process – so that in those rare but important moments in life where you need your birth certificate you can hand over ID that shows who you truly are.

“So many of us worked really hard to help people understand why the law needed to change – and it’s important to remember that we succeeded, with a large majority of our MSPs voting in favour of the changes last year.

“We’re pleased that the Scottish Government intends to keep the Bill on the Scottish Parliament’s books, meaning that even though it can’t currently gain royal assent and become law, it could at a later date if the Section 35 order was lifted. While it’s clear that there is no path forward with the current UK Government to removing the block on the Bill, we hope that we won’t have to wait too long until a time where the political situation changes.

“When it does, we will be strongly urging the Scottish and UK Governments to get round the table so that the Bill can move forward, and so Scotland can join the growing number of places around the world with progressive, fair and modern laws that respect trans people’s human rights.

“We were pleased to hear the Scottish Government restate their support for trans equality, and to other commitments they have made to improve our lives.

“There’s a lot more to do to make Scotland (and the wider world) a place in which trans people can live happy and healthy lives beyond gender recognition reform, and we will be working as hard as we can to contribute to those positive changes.

“This is a setback and a disappointment – but once we’ve had a minute to catch our breath and rest over the holidays, we will get right back to work.

“We know that some of you will have been holding off on applying for a Gender Recognition Certificate using the current system, in the hope that you could use the fairer and simpler process that, if the UK Government had made a different choice, might even have just about been in place by now.

“Given the uncertainty around when things might change, if you want to apply for a GRC we think that the best thing to do would be to use the existing application process. We are always happy to help you make sense of how to apply – so please be in touch if you need us.

“We know that others might be unable to apply using the current process, because of all of the barriers it contains. We’re thinking of you today. If you’re upset, frustrated, disappointed – we are too. Please reach out and talk to the people around you if you need to.

“Some places you can reach out are:

“Please note that these services may be affected by holiday opening hours.

“Our love, strength, and solidarity to all x”

Social Justice Secretary statement

Holyrood Committee Backs Visitor Levy Bill at Stage 1

‘potential to be a positive force for the tourism sector’

The majority of members on the Holyrood Committee considering the Visitor Levy (Scotland) Bill have supported the general principles behind the legislation, which would allow Scottish local authorities to introduce an overnight accommodation levy, following extensive consultation.

Publishing its Stage 1 Report today, the Parliament’s Local Government, Housing and Planning Committee said that a majority of members of the Committee support the general principles of the Bill and a majority of members again found that it was “unlikely that the introduction of a levy in certain local authority areas, assuming a relatively modest rate, would have a deterrent effect on visitor numbers and therefore on the visitor economy in Scotland.”

Conservative MSPs Miles Briggs and Pam Gosal did not support several of the report’s conclusions or the general principles behind the Bill.

A majority of members however agreed with evidence from stakeholders which suggested the introduction of a levy has “the potential to bring significant benefits to visitors, the tourism sector and local residents” whilst recognising that not all of Scotland’s local authorities are expected to introduce a levy and therefore benefit directly from the Bill.

Supporting the Bill’s provision to give local authorities the ability to choose whether to introduce a levy and how to apply it locally, a majority of members of the Committee welcome “the degree of flexibility” provided and believe that this will allow councils to “design and implement it in a way that suits local circumstances.”

The Committee also recognised business concerns around the timing of the legislation, following the impact of COVID-19 on Scotland’s tourism sector and the increased costs of doing business, as well as recent changes to short-term lets licensing.

The Report also said the Committee was “mindful of the concerns of accommodation providers that the introduction of a levy could result in an additional administrative burden” and welcomed the Bill’s requirements to implement localised monitoring and reporting to ensure transparency and accountability.

Considering if any levy should be a flat or percentage rate, the Committee considered this was “perhaps the most difficult aspect of the Bill in terms of determining what the right approach should be” and invited the Scottish Government to undertake further work on this area of the Bill to find a suitable solution.

The majority of members of the Committee agreed that “meaningful consultation with the tourism and accommodation sector to create a genuine sense of partnership working” would “help alleviate the concerns of many in the sector” and show that a levy should bring “long-term benefits” by improving the experience of visitors to areas where a levy is applied.

The earliest date a visitor levy could be applied by local authorities is 2026, which a majority of members of the Committee considered would provide enough time for any “outstanding issues to be resolved through engagement and consultation” with businesses and other key stakeholders.

However, the Committee also invited the Scottish Government to respond to suggestions from some councils that they should be able to introduce a levy sooner than 2026.

Commenting, Committee Convener, Ariane Burgess MSP said: “In supporting the Visitor Levy Bill at Stage 1, a majority of the members of the Committee recognise its potential to positively impact Scotland’s tourism sector.

“After thorough consultation and consideration, most members of the Committee have supported the core principles of the legislation, emphasising that a well-designed levy, at a modest rate, shouldn’t discourage visitors and should bring benefits for the tourism sector.

“A majority of the members of the Committee welcomed and support the flexibility provided by the Bill, which will enable local authorities to customise the levy’s implementation meaning that local levies are designed to suit local circumstances.

“Understanding concerns from businesses and being mindful of possible administrative burdens, a majority of members of the Committee believe that industry worries can be resolved through constructive engagement and consultation at the local level, ahead of any levy being introduced in 2026.

“For the majority of the members of the Committee the Visitor Levy Bill has the potential to be a positive force for the tourism sector, and thank the individuals, organisations and other stakeholders who provided evidence to inform this report.”

Police: Have you seen Connie?

POLICE are seeking your assistance in trying to locate a 14-year-old girl, missing from Penicuik.

Connie Cochrane was last seen in Dean Place, Penicuik around 1.30pm on Tuesday, 19 December, 2023. She is around 5ft 2 inches in height with long black hair. When last seen, she was wearing a black, shiny Canada Goose body warmer, a pink jumper and black leggings.

Police are growing increasingly concerned about Connie and just want to know she is safe and well.

Officers have been checking relevant CCTV images and continue to liaise with partner agencies in case Connie is using public transport to get around.

Inspector Cheryl Blanch said: “We are continuing to speak to Connie’s family and friends for any small details that could assist in our enquiries.

“I would appeal to anyone who may have seen Connie or who has any information about her whereabouts to please contact us.”

Anyone with information is asked to call Police Scotland via 101, quoting incident number 2905 of 19 December, 2023.