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UK gender battle stirs talk of independence in Scotland

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Glasgow, Scotland – Heather Herbert is happier now than at any other point in her life.

The 47-year-old trans woman, who moved to Scotland’s northeast from her birthplace of Leicester, England, around a decade ago, transitioned in 2015.

It was a decision she arrived at after “a lot of soul searching”.

“I’ve always felt like a girl – or a woman – more than a male,” Herbert told Al Jazeera. “But I just didn’t have the words for it back when I was younger.”

When she first heard the term “transgender”, it was shrouded in negative connotations – “that trans people were weirdos and strange … and all the other negative words you can think of” – and it was only after meeting others with similar experiences that she finally saw she was not alone.

Transgender rights supporters protest in favour of a Scottish gender reform bill outside Downing Street in London, the United Kingdom [Henry Nicholls/Reuters]

The web developer has undergone hormone therapy and electrolysis, and is currently waiting for gender-affirming surgery.

But like others from Scotland’s transgender community, Herbert has been following the eruption of a long-simmering gender debate that has left the Scottish government and the British government at loggerheads.

Gender recognition bill

In December, lawmakers in the devolved Scottish Parliament voted to pass the Gender Recognition Bill by 86 votes to 39, paving the way for trans people in Scotland to more easily change their legally recognised gender.

On January 16, however, the British government vetoed the bill, citing a conflict with the UK Equality Act.

That decision – which marked the first time UK ministers used a so-called Section 35 order to block a piece of legislation passed by the Scottish Parliament – was met with fury by Scotland’s nationalist First Minister Nicola Sturgeon.

Sturgeon, the left-of-centre leader of the pro-independence Scottish National Party (SNP), labelled the move by the pro-union Conservative government of British Prime Minister Rishi Sunak a “full-frontal attack”, exposing yet another constitutional fault line between Edinburgh and London.

Herbert, an active campaigner for the pro-independence Scottish Green Party, which has a power-sharing arrangement with the SNP government at the Scottish Parliament, echoed Sturgeon’s view.

“In a way, the Gender Recognition Bill is a perfect gift to the Conservatives,” she said. “They get to attack both LGBTQ+ people, Scotland and the Scottish government all in one move.”

For Herbert, and many others in Scotland’s trans community today, the personal is the political.

Trans rights protestors in London
Transgender rights supporters demonstrate on Downing Street in London, the UK [Henry Nicholls/Reuters]

But this cross-border clash between the two administrations comes hot on the heels of the UK government’s ongoing refusal to grant the Scottish government the right to hold a second independence referendum, following the first such vote in 2014, which saw Scots reject sovereignty by 55-45 percent.

This decision was endorsed last November by the highest court in the land after Scotland’s first minister referred the dispute to the UK Supreme Court.

Indeed, despite an SNP-Green independence-supporting majority in the Scottish Parliament, and the SNP’s repeated electoral wins, judges last year ruled that any such poll held without Westminster’s consent would be unlawful.

Yet while unionists who voted for the Gender Recognition Bill in the Scottish Parliament remain implacably opposed to Scottish independence, this did not stop some from speaking out against the British government’s intervention.

Scottish Labour Party parliamentarian Monica Lennon, who, like most of her Labour colleagues in the Edinburgh parliament, voted in favour of the gender bill, described London’s actions as a “cynical and dangerous power move by an out-of-control UK government”.

As supporters of gender reform in Scotland lick their wounds, critics of the legislation, who voiced concerns that making it easier for a man to transition into a woman could threaten the safety of women-only spaces, feel vindicated.

And while the Scottish government plans its next move, pro-union supporters of the bill are pleased that Westminster’s intervention has re-asserted the UK government’s constitutional dominance.

“Luckily we have the safeguards of the UK, and I think this has … reaffirmed people’s faith in the union,” said Alastair Redman, a one-time Scottish Conservative Party member, who now sits as an independent councillor for Scotland’s Argyll and Bute Council, and who has always opposed the bill.

“[In the form of the UK government] we have the checks and balances to prevent the excesses of the Scottish government who have lost the plot and gone mad with power quite frankly,” he told Al Jazeera.

That these events are seen in Scotland through the prism of the constitution is not surprising.

Scotland, the UK’s second-largest constituent nation, has been gripped by the independence question since its historic referendum nine years ago.

YouTube video

Today, opinion polls often reveal an electorate split down the middle.

As such, this most recent point of rancour between the two governments was always likely to fan the flames of feeling on both sides of the constitutional debate, not least among the voting public.

One such voter, Fiona McKenzie, who works in marketing in Aberdeen, a city on Scotland’s North Sea coast, told Al Jazeera that the dispute has made her “think seriously about how Scotland fits within the UK politically and constitutionally”.

“As someone who has sat on the fence about independence for some time, I believe this might be the ‘straw’ that tips the balance for me,” said McKenzie, 43, who personally supported the gender bill.

“It just feels like Scotland is not being treated respectfully, and that we are being ultimately governed by people who are aloof and not willing to engage with us on a meaningful level. If we were talking about a marriage, I’d say separation and divorce were now looking more likely on grounds of estrangement.”

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Political parties cool to idea of new federal regulations for nomination contests

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OTTAWA – Several federal political parties are expressing reservations about the prospect of fresh regulations to prevent foreign meddlers from tainting their candidate nomination processes.

Elections Canada has suggested possible changes to safeguard nominations, including barring non-citizens from helping choose candidates, requiring parties to publish contest rules and explicitly outlawing behaviour such as voting more than once.

However, representatives of the Bloc Québécois, Green Party and NDP have told a federal commission of inquiry into foreign interference that such changes may be unwelcome, difficult to implement or counterproductive.

The Canada Elections Act currently provides for limited regulation of federal nomination races and contestants.

For instance, only contestants who accept $1,000 in contributions or incur $1,000 in expenses have to file a financial return. In addition, the act does not include specific obligations concerning candidacy, voting, counting or results reporting other than the identity of the successful nominee.

A report released in June by the National Security and Intelligence Committee of Parliamentarians expressed concern about how easily foreign actors can take advantage of loopholes and vulnerabilities to support preferred candidates.

Lucy Watson, national director of the NDP, told the inquiry Thursday she had concerns about the way in which new legislation would interact with the internal decision-making of the party.

“We are very proud of the fact that our members play such a significant role in shaping the internal policies and procedures and infrastructure of the party, and I would not want to see that lost,” she said.

“There are guidelines, there are best practices that we would welcome, but if we were to talk about legal requirements and legislation, that’s something I would have to take away and put further thought into, and have discussions with folks who are integral to the party’s governance.”

In an August interview with the commission of inquiry, Bloc Québécois executive director Mathieu Desquilbet said the party would be opposed to any external body monitoring nomination and leadership contest rules.

A summary tabled Thursday says Desquilbet expressed doubts about the appropriateness of requiring nomination candidates to file a full financial report with Elections Canada, saying the agency’s existing regulatory framework and the Bloc’s internal rules on the matter are sufficient.

Green Party representatives Jon Irwin and Robin Marty told the inquiry in an August interview it would not be realistic for an external body, like Elections Canada, to administer nomination or leadership contests as the resources required would exceed the federal agency’s capacity.

A summary of the interview says Irwin and Marty “also did not believe that rules violations could effectively be investigated by an external body like the Office of the Commissioner of Canada Elections.”

“The types of complaints that get raised during nomination contests can be highly personal, politically driven, and could overwhelm an external body.”

Marty, national campaign director for the party, told the inquiry Thursday that more reporting requirements would also place an administrative burden on volunteers and riding workers.

In addition, he said that disclosing the vote tally of a nomination contest could actually help foreign meddlers by flagging the precise number of ballots needed for a candidate to be chosen.

Irwin, interim executive director of the Greens, said the ideal tactic for a foreign country would be working to get someone in a “position of power” within a Canadian political party.

He said “the bad guys are always a step ahead” when it comes to meddling in the Canadian political process.

In May, David Vigneault, director of the Canadian Security Intelligence Service at the time, said it was very clear from the design of popular social media app TikTok that data gleaned from its users is available to the Chinese government.

A December 2022 CSIS memo tabled at the inquiry Thursday said TikTok “has the potential to be exploited” by Beijing to “bolster its influence and power overseas, including in Canada.”

Asked about the app, Marty told the inquiry the Greens would benefit from more “direction and guidance,” given the party’s lack of resources to address such things.

Representatives of the Liberal and Conservative parties are slated to appear at the inquiry Friday, while chief electoral officer Stéphane Perrault is to testify at a later date.

After her party representatives appeared Thursday, Green Leader Elizabeth May told reporters it was important for all party leaders to work together to come up with acceptable rules.

This report by The Canadian Press was first published Sept. 19, 2024.

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New Brunswick election candidate profile: Green Party Leader David Coon

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FREDERICTON – A look at David Coon, leader of the Green Party of New Brunswick:

Born: Oct. 28, 1956.

Early years: Born in Toronto and raised in Montreal, he spent about three decades as an environmental advocate.

Education: A trained biologist, he graduated with a bachelor of science from McGill University in Montreal in 1978.

Family: He and his wife Janice Harvey have two daughters, Caroline and Laura.

Before politics: Worked as an environmental educator, organizer, activist and manager for 33 years, mainly with the Conservation Council of New Brunswick.

Politics: Joined the Green Party of Canada in May 2006 and was elected leader of the New Brunswick Green Party in September 2012. Won a seat in the legislature in 2014 — a first for the province’s Greens.

Quote: “It was despicable. He’s clearly decided to take the low road in this campaign, to adopt some Trump-lite fearmongering.” — David Coon on Sept. 12, 2024, reacting to Blaine Higgs’s claim that the federal government had decided to send 4,600 asylum seekers to New Brunswick.

This report by The Canadian Press was first published Sept. 19, 2024.

The Canadian Press. All rights reserved.

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New Brunswick election profile: Progressive Conservative Leader Blaine Higgs

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FREDERICTON – A look at Blaine Higgs, leader of the Progressive Conservative Party of New Brunswick.

Born: March 1, 1954.

Early years: The son of a customs officer, he grew up in Forest City, N.B., near the Canada-U.S. border.

Education: Graduated from the University of New Brunswick with a degree in mechanical engineering in 1977.

Family: Married his high-school sweetheart, Marcia, and settled in Saint John, N.B., where they had four daughters: Lindsey, Laura, Sarah and Rachel.

Before politics: Hired by Irving Oil a week after he graduated from university and was eventually promoted to director of distribution. Worked for 33 years at the company.

Politics: Elected to the legislature in 2010 and later served as finance minister under former Progressive Conservative Premier David Alward. Elected Tory leader in 2016 and has been premier since 2018.

Quote: “I’ve always felt parents should play the main role in raising children. No one is denying gender diversity is real. But we need to figure out how to manage it.” — Blaine Higgs in a year-end interview in 2023, explaining changes to school policies about gender identity.

This report by The Canadian Press was first published Sept. 19, 2024.

The Canadian Press. All rights reserved.

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