Humza Yousaf’s administration has backed down a second time over Holyrood’s failed gender reforms - agreeing to pay the UK Government’s costs after losing its legal challenge.
The decision means Scottish taxpayers face a further bill of around £150,000.
The deadline for the Scottish Government to oppose paying London’s costs passed at noon on Monday, with SNP ministers declining to do so.
Judge Lady Haldane last month ruled Scottish Secretary Alister Jack had been entitled to veto the Gender Reform Recognition Bill passed by MSPs in 2022.
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The Scottish Secretary had used an unprecedented order under Section 35 of the Scotland Act to prevent the Bill becoming law, arguing it interfered with UK-wide equality law.
Mr Yousaf vowed to challenge the veto during the SNP leadership contest last year, saying it was an attack on devolution and it should be tested in court on principle.
However Lady Haldane decisively rejected all the Scottish Government’s arguments against it, and SNP ministers decided before Christmas not to appeal her ruling.
Last week, Mr Jack rubbed salt into the wound by lodging a motion at the Court of Session seeking an award of expenses in the UK Government’s favour.
The Scottish Secretary says his side spent around £150,000 defending the challenge.
The Scottish Government, which spent £230,000 on its losing case, now faces having to pay the winner’s £150,000 costs, although court auditors will calculate the precise bill.
Mr Jack said: “The Scottish Government chose to pursue this litigation in spite of the cost to the taxpayer. 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.”
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Last week, SNP Social Justice Secretary Shirley-Anne Somerville 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.”
The Gender Recognition Reform Bill would have made it easier for a transgender person to change their legal sex by ending the need for a medical diagnosis, lowering the minimum age to 16, and cutting the time involved from two years to six months.
Advocates said the move to self-identification and other reforms would have simplified and speeded up an inhumane and bureaucratic process.
However opponents warned the Bill could have eroded the rights of women and girls, and made it easier for would-be predators to access previously women-only spaces.
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