Education secretary Gillian Keegan has suggested that she personally believes 16-year-old children are old enough to decide to change their gender identify.
It comes as Rishi Sunak’s government said it would block a gender self-identification law passed in Scotland – a move branded by Nicola Sturgeon as a “full-frontal attack” on the Scottish parliament.
The bill passed at Holyrood would lower the age Scots can apply for a gender recognition certificate (GRC) from 18 to 16, as well as removing the need for a medical diagnosis of gender dysphoria.
Asked whether she though 16 was too young to make such a decision, Ms Keegan told Sky News: “No, I don’t think so. I was working at 16, I was paying tax at 16. I could make decisions for myself at 16.”
The cabinet minister added: “But it’s not really about what I think – it’s about how we make sure we get that right balance in supporting children but also making sure what they are getting taught in schools in age appropriate.”
Ms Keegan later rowed back on her comments, telling ITV’s Good Morning Britain that “all 16-year-olds are different”. She said she does not have a “strong opinion” and was referring to the fact she “felt able to take decisions for myself at 16”.
The education secretary denied she disagreed with Mr Sunak or the government’s stance in the trans rights row on gender self-identification – pointing to a UK government consultation on the issue.
“Obviously, everybody has a different view. It’s really, really important that we take into account parents’ views, teachers’ views, children’s views, and other stakeholders’ views as well because it is quite tricky,” she said.
However, No 10 later said the consultation had taken place and the government’s stance on age decided.
Mr Sunak’s official spokesman said: “We consulted on that issue and set out the position that 18 is the correct age for transgender people change their sex,” adding: “[Ms Keegan] made clear herself that she was talking about her own personal standpoint.”
The UK government is preparing for a legal clash with the Scottish government after Scottish secretary Alister Jack confirmed he will make an order – under Section 35 of the Scotland Act 1998 – to block reforms passed by Holyrood.
Mr Jack claimed the reforms – which simplify the process for trans people to obtain a gender recognition certificate (GRR) – could have “chilling effects on single-sex spaces” for women.
The cabinet minister also warned of “significant complications” from having different processes for obtaining a GRC in different parts of the UK.
But Shona Robison, Ms Sturgeon’s social justice secretary at Holyrood, insisted that Scottish ministers are “very, very confident in our position of this legislation being competent”.
The bill has seen divisive debate in Scotland
The SNP minister told BBC Radio Scotland’s Good Morning Scotland: “We’re very confident it does not impact on UK legislation, and we will take whatever steps we need to ensure the democratic will of the Scottish parliament is not frustrated.”
Tory splits have opened up in the row, with the moderate Tory Reform Group describing the Sunak government’s move as “a deeply concerning development”.
“The UK government has not only played into the hands of those who seek to break our Union, but also exposed how lacking its own equalities agenda has become,” said the group – which boasts senior figures like Damian Green and Robert Buckland as patrons.
Labour leader Sir Keir Starmer has been among those to acknowledge concerns about the plan, saying he considers 16 too young to decide to change gender.
Sir Keir suggested that both the SNP and the Tories were trying to use the gender recognition bill for political advantage by creating constitutional and culture war clashes.
“I am worried about the fact that I think this is being used by the SNP as a sort of devolution political football,” he told LBC on Monday.
