Adam Wagner and Stephanie Davin’s clients granted permission to intervene in important constitutional case

Stonewall, Gendered Intelligence and the Institute for Constitutional and Democratic Research (“ICDR”) have jointly been given leave to intervene in an important judicial review relating to the UK Government’s power to prevent legislation approved by the Scottish Parliament becoming law.

Last year, the Scottish Parliament passed the Gender Recognition Reform (Scotland) Bill. The Bill sought to amend the Gender Recognition Act 2004 (GRA) to update the process by which trans people obtain a Gender Recognition Certificate (“GRC”) in Scotland.

In January 2023, the UK Government used Section 35 of the Scotland Act 1998 to stop this Bill being put forward for Royal Assent – in effect, to ‘veto’ the Bill. This is the first time that Section 35 has been used.

The Scottish Government has brought a judicial review to challenge the unprecedented use of this power.

Adam Wagner and Stephanie Davin are part of the legal team acting for the organisations, along with James Findlay KC, David Blair, Robin White and Sam Fowles. All are acting pro bono.