Scottish Government expected to drop legal fight over gender reform

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Andrew Feinberg

White House Correspondent

The Scottish Government is expected to drop any further legal challenge to recent rulings on the controversial gender recognition reform act.

The PA news agency understands the government will drop any further legal challenge after the Court of Session dismissed an appeal against Westminster’s decision to override MSPs and axe the Gender Self-Identification Bill last week.

Social justice secretary Shirley-Anne Somerville will deliver a statement to the Scottish Parliament on Wednesday afternoon.

The legislation had attempted to simplify the process for transgender people to obtain a gender recognition certificate (GRC) and officially change their legally-recognised sex.

But the UK Government ruled it could have an adverse impact on equalities legislation across the UK.

For the first time in the history of devolution, Scottish Secretary Alister Jack evoked a section 35 order of the Scotland act to prevent the Bill gaining royal assent.

The debate around gender reform in Scotland has been controversial with opponents claiming it could endanger the safety and rights of women and girls, while its supporters – including the Scottish Government – said it was a minor clerical change that would affect a small number of trans people in Scotland.

Last week, First Minister Humza Yousaf said the Scottish Government was still to come to a decision on appealing the legislation and would be considering legal advice.

Speaking to the PA news agency, the First Minister said: “We will consider legal advice, we’ll consider, of course, other factors with urgency and with pace.

“There’s a very narrow window, as you know, to make a decision on any appeal.

“We’ve not come to a decision yet because we have to consider, as I say, important issues like the legal advice.

“And as soon as we have an update to give Parliament, we’ll make sure they’re informed in due course.”

Mr Jack said he was “minded” to pursue the Scottish Government for around £150,000 in costs relating to the court battle over controversial gender reforms.

He made the comments at the Scottish Affairs Committee on December 11.

Mr Jack said: “I am minded to seek costs from the Scottish Government and I am having those discussions with our law officers.”

A statement is expected in the Scottish Parliament at 3.20pm on Wednesday.