It is surprising that Kenneth Norrie attacks alleged “mendacity” on the part of others (“Kenneth Norrie: New trans law? What new trans law?”) while asserting that the Scottish government’s Gender Recognition Reform (Scotland) Bill was “killed by a UK Secretary of State”.

To imply, as Professor Norrie does, that the Secretary of State was solely responsible for stopping a misconceived piece of legislation in its tracks (while presumably acting out of political motives) is, at best, a distortion of reality and some might even call it mendacious.

Professor Norrie is entitled to his political views which, dare I say it, are obvious but he seems to overlook the rather important part the courts, particularly the Court of Session, played in the demise of the bill. The courts have repeatedly told the Scottish government that it must operate within the devolution settlement, comments which appear to have largely fallen on deaf ears.

The Scottish government was well warned that in the view of the UK Equality and Human Rights Commission (among others) the GRR Bill had significant cross-border impacts but instead of engaging with the UK government to try to find a mutually acceptable way forward they ploughed on regardless. On the basis of track record it is entirely reasonable to infer that they did so with the specific intention of provoking another constitutional row.

The Secretary of State was left with little option but to invoke section 35 of the Scotland Act 1998. He would have failed in his duty had he not done so. Inevitably the matter ended up in court and Lady Haldane had no difficulty whatever in upholding the section 35 order. The Scottish government subsequently decided not to appeal against her judgment.

I’m sure Professor Norrie knows all that without me telling him. The GRR Bill was killed by Scottish government intransigence, the unlovely and counter-productive “take no lessons” mentality which sadly seems to be the default position of the current administration.

(Dr) David Griffiths
Retired solicitor
Perth