Scottish government owes legal bill after losing definition of a woman battle

The Scottish authorities and For Women Scotland's long-running ineligible conflict implicit the explanation of a pistillate is yet to travel to a close.

For Women Scotland (FWS) won the lawsuit successful April erstwhile the country's highest tribunal ruled "woman" and "sex" successful the Equality Act 2010 refers to "a biologic pistillate and biologic sex".

The Scottish authorities was ordered to wage a information of the run group's ineligible costs.

FWS told Sky News the measure of costs for the Supreme Court constituent of the lawsuit was much than £270,000, nevertheless assorted parts person reportedly been disputed by the Scottish government.

That has present been submitted to the tribunal for determination and a determination is awaited.

The Outer and Inner House constituent of the lawsuit astatine the Court of Session successful Edinburgh was said to beryllium much than £150,000.

Trina Budge, co-director of FWS, said the radical is besides owed an uplift - a tiny percent of the last expenses awarded.

Ms Budge claimed Scottish ministers are yet to participate into immoderate negotiations connected colony and a day has been acceptable successful January for a proceeding earlier the Auditor of the Court of Session to corroborate the magnitude the authorities volition person to pay.

Ms Budge said: "The hold ever suits the paying enactment but I deliberation it's rather antithetic to diminution to participate into immoderate discussions astatine all.

"It's highly apt this is simply a deliberate maneuver successful the anticipation of starving america of funds to forestall america continuing our latest lawsuit connected the lawfulness of lodging antheral prisoners connected the pistillate estate.

"However, it should travel arsenic nary astonishment to the authorities that we person monolithic enactment and we will, of course, beryllium continuing careless of immoderate crisp practices."

It is understood the measure of costs for the Supreme Court lawsuit was lodged by FWS successful August, portion the expenses linked to the Court of Session enactment was submitted successful September.

Figures revealed by a caller Freedom of Information (FOI) petition amusement the Scottish authorities has spent astatine slightest £374,000 connected the case.

Final costs are yet to beryllium confirmed but volition beryllium published erstwhile complete.

A Scottish authorities spokesperson said: "There is an established process to beryllium undertaken to hold the last costs for a ineligible lawsuit and these volition beryllium calculated and published successful owed course."

In August, FWS lodged caller enactment astatine the Court of Session.

The radical claimed Holyrood's guidance connected transgender pupils successful schools and the Scottish Prison Service's (SPS) argumentation connected the absorption of transgender radical successful custody were some successful "clear breach of the law" and "inconsistent" with the Supreme Court judgment.

The pursuing month, the Scottish authorities issued updated guidance which said schools crossed the federation must supply abstracted toilets for boys and girls connected the ground of biologic sex.

If possible, schools tin besides supply sex neutral toilets for transgender students.

However, tribunal proceedings proceed implicit transgender prisoners.

Current SPS guidance allows for a transgender pistillate to beryllium admitted into the pistillate property if the inmate does not conscionable the unit against women and girls criteria, and determination is nary different ground "to suppose" they could airs an "unacceptable hazard of harm" to those besides housed there.

First Minister John Swinney and Justice Secretary Angela Constance person some dodged questions connected the case, citing it would beryllium inappropriate to remark connected unrecorded tribunal proceedings.

On Tuesday, Ms Constance was accused by erstwhile Scottish Tory person Douglas Ross of "misleading" Holyrood, saying she could springiness afloat answers nether contempt of tribunal legislation.

Scottish Tory MSP Tess White, the party's equalities spokesperson, added she was "spine-chillingly concerned" of a repetition of the Isla Bryson case.

Bryson, a transgender pistillate calved Adam Graham, was initially sent to a women-only situation contempt being convicted of raping 2 women.

The offender was aboriginal transferred to the antheral property pursuing a nationalist outcry.

Speaking to Sky News, Ms White said: "John Swinney was speedy to discarded taxpayers' wealth warring a lawsuit which confirmed what the immense bulk of the nationalist knew beforehand: a pistillate is an big quality female."

The MSP for North East Scotland urged the SNP medication to "pay up and yet respect the wide judgement from the Supreme Court".

A Scottish authorities spokesperson said: "It is the Scottish government's long-held presumption that it is inappropriate for Scottish ministers to remark connected unrecorded litigation.

"In each cases, we person an work to uphold the independency of the judiciary. We bash not privation the authorities to ever beryllium seen arsenic interfering successful the enactment of the autarkic courts."