UK Government to seek reimbursement of costs incurred in gender law challenge

Scottish Secretary Alister Jack confirmed on Wednesday that an application will be lodged for all of the Westminster Government’s legal expenses to be covered.

Scottish Social Justice Secretary Shirley-Anne Somerville confirmed her Government will not launch an appeal after the Court of Session ruled use of a Section 35 order of the Scotland Act to block the reforms was lawful.

The move by Mr Jack prevented the Gender Recognition Reform (Scotland) Bill from gaining royal assent.

The legislation had attempted to simplify the process for transgender people to obtain a gender recognition certificate and officially change their legally-recognised sex.

But the UK Government ruled it could have an adverse impact on equalities legislation across the UK.

In a statement to the Scottish Parliament on Wednesday, Ms Somerville said the Bill will not be withdrawn, despite admitting it may be “impossible” to see a way forward.

Following the announcement, Mr Jack said the UK Government welcomed the “acceptance” of the court ruling.

But he added: “The Scottish Government chose to pursue this litigation in spite of the cost to the taxpayer.

“These resources would have been better spent addressing the priorities of people in Scotland – such as growing the economy, cutting NHS waiting lists and improving our children’s education.

“The UK Government now intends to lodge an application with the court seeking our expenses in defending this matter.”

Prior to the ministerial statement, Ms Somerville was forced to apologise to the Scottish Parliament after the decision was leaked to the press on Tuesday.

Ms Somerville said it was “deeply disappointing and regrettable”, but said Deputy First Minister Shona Robison “responded to direct questions” when asked about the matter during a media interview.

In a reduced statement in Holyrood, she said the Scottish Government is open to working with current or future Westminster governments to move the Bill forward.

She said: “If a future UK government are willing, we will do so with them, so that the Section 35 could be lifted and the Bill progress.

“It seems clear that the current Government will not do this and it remains to be seen what a future government will do.”

She maintained the Scottish Government views the use of Section 35 powers as a “veto” which UK ministers will use on legislation they do not agree on.

“Regardless of people’s views and opinions on gender recognition, that is a very worrying place for our Parliament to be,” she said.

“We will therefore focus on working with an incoming UK government which we hope will have more respect for devolution and is willing to work together, even when sometimes we disagree.”

Ms Somerville also assured transgender people that the Scottish Government will “never waver” in its commitment to enhancing their rights.

“You are not a threat and you will always be able to live your lives free from prejudice and abuse in the type of Scotland we want to see,” she said.

Meghan Gallacher, deputy leader of the Scottish Tories, said: “When Nicola Sturgeon said last year that this debate would be over by Christmas – I don’t think she meant this Christmas.”

She said her party had repeatedly warned the legislation was “fundamentally flawed”.

“But the SNP Government didn’t listen. Instead, they’ve spent time and taxpayers’ money on a doomed legal battle to revive laws which the majority of the Scottish public do not want,” she said.

She added: “Women’s groups were ignored throughout this whole debate and I am delighted that their hard-fought campaign has been won.”

Scottish Labour’s Paul O’Kane, the party’s social justice spokesman, said: “The Cabinet Secretary has essentially said that the Bill will remain in limbo after the smoke from the court wrangling between the two governments clears.”