Exclusive:Gender reform: Scottish ministers will not oppose calls to pay UK Government legal costs

Scottish Secretary Alister Jack says he is seeking legal expenses from Scottish ministers over the case

The Scottish Government says it will not oppose a UK Government motion seeking to recover legal costs from the doomed gender reform court case.

Last week Scottish Secretary Alister Jack announced he is seeking legal expenses from Scottish ministers over the case, which ruled in the UK Government’s favour.

Now the Scottish Government says it will not oppose any motion Mr Jack puts forward on this.

Trans rights supporters demonstrating outside the Scottish Parliament. Image: Lisa Ferguson/National World.

A Scottish Government source told The Scotsman: “The Scottish Government will not oppose the motion lodged by the UK Government for costs in relation to the Court of Session case over the UK Government’s veto of the gender reform bill.”

The Scottish Government had until lunchtime on Monday to make a decision.

Mr Jack previously suggested the court expenses were around £150,000, and he criticised Scottish ministers who pursued the case “in spite of the cost to the taxpayer”.

A majority of MSPs passed the Gender Recognition Reform (Scotland) Bill in December 2022, which aimed to make it easier for trans people to legally change their gender.

It proposed reducing the amount of time a person needed to live in their acquired gender before being able to get a gender recognition certificate, as well as reducing the age limit from 18 to 16 and removing the need for a medical diagnosis of gender dysphoria.

However, only a month later it was blocked from gaining royal assent after the UK Government issued a section 35 order, claiming it impacted on the UK-wide Equality Act 2010.

One of the first things Humza Yousaf did on becoming First Minister was take this issue to the courts to challenge the decision to block the legislation. However, in December the Court of Session rejected this and ruled in the UK Government’s favour, saying it was right to block the gender reform bill.

At the time Mr Yousaf said it was a “dark day for devolution”.

Holyrood ministers agreed not to appeal against the ruling, but Mr Jack has since said he will lodge a motion to recover the legal costs.