Humza Yousaf’s government is facing a bill for more than £100,000 in legal costs over his doomed defence of Holyrood’s gender reforms.
Scottish Secretary Alister Jack told SNP ministers on Wednesday that his laywers would lodge a motion at the Court of Session seeking an award of expenses in the UK Government’s favour.
It follows Lady Haldane ruling last month that Mr Jack had been entitled to veto the Gender Recognition Reform Bill passed by a cross-party majority of MSPs in 2022.
The Scottish Secretary used an unprecedented order under Section 35 of the Scotland Act 1998 to halt the legislation on the grounds that it cut across UK-wide equality law.
The First Minister had promised during the SNP leadership contest to try to overturn the veto as a matter of principle.
However Lady Haldane’s judgment was so emphatic it left the FM with no realistic prospect of appeal, and the Scottish Government dropped the case just before Christmas.
The Scottish Government spent around £230,000 of taxpayers’ money mounting the legal challenge, which was led by Lord Advocate Dorothy Bain KC.
As the losing side, it now faces paying the UK Government’s costs as well.
Mr Jack has previously estimated those at around £150,000.
However it will be for the court to determine the final sum, if any.
Mr 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 intends to lodge its motion for an award of expenses 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 auditing process to determine an amount.
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.”
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