Scottish Government expected to drop legal fight over gender reform
The Court of Session dismissed an appeal against Westminster’s decision to override MSPs and axe the Gender Self-Identification Bill last week.
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.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.
Subscribe to Independent Premium to bookmark this article
Want to bookmark your favourite articles and stories to read or reference later? Start your Independent Premium subscription today.