Scots ministers will not contest UK bid for gender case legal expenses

PA Media Alister JackPA Media
Scottish Secretary Alister Jack has said the UK government will seek about £150,000 in legal costs

A UK government bid to seek legal expenses from Scottish ministers for a court case over gender recognition reforms will not be challenged.

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

Scottish Secretary Alister Jack has suggested he would aim to reclaim about £150,000 in expenses.

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

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

Last week it was confirmed legal advisers had started the process of seeking an award of expenses for defending the case.

The Gender Recognition Reform (Scotland) Bill, which would make it easier for people to change their legally-recognised sex, was passed last year following a heated debate in the Scottish Parliament.

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

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.

Social Justice Secretary Shirley-Anne Somerville told MSPs the bill had not been abandoned but was awaiting an incoming UK government that "has more respect for devolution".

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

He said: "I am pleased they have taken the sensible decision not to oppose our motion for expenses.

"That could have further increased the cost to the taxpayer."