How John Swinney is wasting even more taxpayers' money on gender wars with For Women Scotland

In March, after the Supreme Court confirmed the Equality Act 2010 referred to biological sex, John Swinney promised to meet the group of grassroots campaigners, For Women Scotland, who had dared to challenge his government’s interpretation of the law.

But the First Minister is a busy man – despite finding time to attend rugby matches and record videos about the autumn leaves, eight months later he is yet to sit down with them.

Nor has he paid them their court costs, believed to be more than £270,000, with the SNP government disputing elements of the settlement. Is he trying to starve them of funds? Due to these delays, it will be January before the Court of Session’s auditor confirms the amount that the government will pay.

John Swinney can't seem to find the time to meet with campaigners from the For Women Scotland group (Picture: Jane Barlow/pool) | Getty Images

£1 million tribunal case

Of course, as with all court cases contested by the government, the real tab is picked up by the taxpayer – already due to stump up for the tribunal case brought by the nurse Sandie Peggie against NHS Fife after she was suspended for complaining about sharing a changing room with a biologically male doctor who identified as a woman. The cost to NHS Fife is likely to be up to £1 million. All because the government got ahead of the law.

For Women Scotland has launched a fresh court case arguing the Scottish Government’s guidance on the management of transgender people in prison is in "clear breach of the law" and "inconsistent" with the Supreme Court judgment.

It’s traumatising for women to have men housed in women's prisons. Vulnerable male prisoners are already dealt with in the prison estate. The government is ignoring the Equality Act.

After the Supreme Court ruling, I argued the Scottish Government should swiftly issue clear guidance to health boards and other public institutions so that they uphold the letter of the law. Prisons are entirely the Scottish Government’s responsibility. Yet just as with his meetings diary, the First Minister is dragging his feet.

Ministers cannot ignore the law

The Scottish Government has a duty to explain clearly how the Equality Act applies to their public bodies – every month that goes by invites chaos and confusion, and potentially more court cases.

The Supreme Court was established to provide clarity so others in public life can get on with delivering what they are tasked with. Swinney must stop this wrangling and quickly ensure current policies meet the Equality Act’s requirements.

It’s unthinkable that the Scottish Government, whatever its politics, would ignore the law. The SNP should not be wasting taxpayers’ money on court battles it stands to lose.

Instead, they should be getting waiting times down for women currently languishing for years on gynaecology waiting lists. They should be putting police on the streets and ending the backlog in the courts so women feel safe walking home alone.

And it should be investing in maternity services so pregnant women feel supported and protected rather than being forced to travel hundreds of miles to give birth.

This sorry saga is a reminder that this SNP government’s priorities are all wrong. Scottish taxpayers are paying more and getting less.

We need a change of direction to renew our public services and ensure the Scottish Government is focused on delivery, not denying who is a woman in further court battles.

Jackie Baillie MSP is Scottish Labour’s deputy leader