UK Government to lodge motion seeking reimbursement for gender court battle

Scottish Secretary Alister Jack confirmed the move in a statement

Scottish Secretary Alister Jack

UK ministers are to lodge a motion with the Court of Session seeking reimbursement after winning a court battle with the Scottish Government over gender reform legislation.

A motion for an award of expenses will be submitted to the court on Friday. Scottish ministers will have until Monday to oppose it, which would likely spark another hearing.

The amount awarded would be determined by a legal process, but it is thought it could be around £150,000.

It previously emerged the Scottish Government spent £230,000 on the failed court battle.

The row kicked off after Scottish Secretary Alister 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.

Scottish ministers challenged Mr Jack’s decision to block the legislation, but the Court of Session ruled he had acted lawfully.

Last month, the Scottish Government announced it would not appeal the ruling.

Mr Jack said: “The Scottish Government chose to pursue this litigation in spite of the cost to the taxpayer. 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.”

A Scottish Government spokesman said: “Devolution is fundamentally flawed if the UK Government is able to override the democratic wishes of the Scottish Parliament. The costs incurred in this legal challenge relate to protecting the powers of the Scottish Parliament.

“We are aware the UK Government intends to lodge a motion for expenses, and we will consider its terms.”