Scottish Government spent at least £374,000 fighting definition of 'woman' case

The Scottish Government has spent at least £374,000 fighting the landmark definition of woman case, figures show.

The most recent UK Supreme Court case is set to cost the taxpayers £157,816 in legal fees, according to a freedom of information request.

This is on top of the previously documented £216,182 costs from the initial legal challenges, and is not the final cost of the action.

“Final costs in relation to the case are still being determined and are not yet available,” the Scottish Government said.

“We will publish the total cost of the case when it is fully complete.”

The legal fees are all associated with the case that saw the Scottish Government go head-to-head against For Women Scotland.

The women’s rights campaign group challenged the interpretation of the definition of a woman in Scottish legislation, which mandates 50% female representation on public boards.

For Women Scotland argued that the word woman in the Equality Act should only apply to people who are female from birth.

The Scottish Government argued that trans people with a Gender Recognition Certificate (GRC) should also be included in the definition.

The Scottish Government’s position was upheld twice in Scottish courts, but the UK Supreme Court ruled with finality that the definition of a woman – for the purposes of the 2010 Equality Act – was based on biological sex.

In total, the legal battle has cost the taxpayer approximately £374,000 so far.

In a freedom of information disclosure, the Scottish Government said: “All of the costs stated above were charged to the cost centre for Directorate for Equality, Inclusion and Human Rights.”

Responding to the figures obtained by the Scottish Conservatives, shadow equalities minister Tess White accused the SNP Government of “throwing good money in a doomed attempt” to defend their gender policy position.

“It will rightly stick in the throat of taxpayers that they are picking up a huge legal tab for the SNP’s needless and humiliating court defeat,” she said.

The Scottish Government has been contacted for comment.