Alister Jack seeking over £100k in legal costs from Scottish Government over gender court case

Alister Jack blocked the Scottish Government’s gender reform law

Alister Jack has confirmed the UK Government is seeking legal costs from the Scottish Government over its botched gender reform legal challenge.

The Tory Scotland Secretary said on Wednesday that his lawyers would lodge a motion at the Court of Session seeking an award of expenses.

Humza Yousaf was dealt a fresh blow last month after a judge ruled the UK Government did have the power to block controversial gender reforms.

In a written statement, Lady Haldane dismissed a challenge lodged by SNP ministers in April.

The Scottish Government spent roughly £230,000 of taxpayers’ money on the legal challenge, while Jack estimated the UK Government spent £150,000. The court will decide the final sum.

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.”

The UK Government plans to lodge its motion on Friday.

If the Scottish Government opposes it by Monday, the judge will consider the motion and the opposition to it and will likely call a hearing.

If the judge decides that expenses should be awarded in the UK Government’s favour, then there will be a further process to decide how much.

A Scottish Government spokesperson 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.”

The legal row began when the Scottish Parliament passed the Gender Recognition Reform (GRR) Act with cross-party support in December 2022.

The legislation was aimed at making it easier for Scots to change their legally recognised gender.

But it was blocked from becoming law after Jack issued a rare Section 35 order in January last year.

The Tory minister claimed the gender reforms were incompatible with UK-wide equality laws – an argument furiously rejected by the Scottish Government.

Nicola Sturgeon, the then first minister, described Jack’s decision as an assault on devolution.

Yousaf pledged to fight the use of the Section 35 order in court despite misgivings from some in his party.

Jack told the Scottish Affairs Committee in Westminster last month that the UK Government may seek costs from Holyrood.

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