UK government to seek gender case legal expenses from Scots ministers

Scottish Secretary Alister Jack has confirmed his government intends to pursue the matter at the Court of Session

The UK government is seeking legal expenses from Scottish ministers following a court case over Holyrood gender recognition reforms.

The Scottish government abandoned a legal challenge against a Westminster veto of its legislation last month.

Scottish Secretary Alister Jack had suggested previously he would bid to reclaim about £150,000 in expenses.

A Scottish government spokesperson said the costs of the case relate to "protecting the powers" of Holyrood.

Mr Jack said Scottish ministers had pursued the case "in spite of the cost to the taxpayer".

He added: "My legal advisors have today intimated to the Scottish government that we have started the process of seeking an award of expenses in defending the case."

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A Scottish government spokesperson said it would consider the terms of the expenses motion.

"Devolution is fundamentally flawed if the UK government is able to override the democratic wishes of the Scottish Parliament," they said.

The Gender Recognition Reform (Scotland) Bill, which would make it easier for people to change their legally-recognised sex, was passed with the support of MSPs from all parties last year following a heated debate.

The UK government used a Section 35 Order of the Scotland Act to prevent it from becoming law over concerns it would impact equality laws across Britain.

'Dark day for devolution'

A Scottish government legal challenge against the block was rejected by the Court of Session in December.

Holyrood ministers opted not to appeal the ruling, saying they had been put in an "impossible" position.

First Minister Humza Yousaf said it was a "dark day for devolution" following the court judgement.

"The only way to guarantee we get true self-government is through independence," he posted on X.

First Minister Humza Yousaf said the court judgement showed devolution was "fundamentally flawed"

Social Justice Secretary Shirley-Anne Somerville told MSPs the bill was "not in the bin and awaits an incoming UK government that has more respect for devolution".

It is understood a motion will be lodged by the UK government on Friday, with ministers given until Monday to oppose it.

Mr Jack told MPs in January that UK government costs had risen to £150,000.

However, it would be for the court to decide on a figure if it rules the funds should be reimbursed.