The Scottish government has incurred significant taxpayer expenditure exceeding £766,000 in a protracted legal dispute concerning the definition of the term 'woman'. This financial outlay stems from two judicial reviews that have drawn considerable public and political scrutiny.
Substantial Legal Costs Revealed
For Women Scotland (FWS), a campaign organisation, successfully challenged the Scottish government's interpretation of the Equality Act 2010. The UK Supreme Court ruled last April that the terms 'woman' and 'sex' within the legislation refer explicitly to 'a biological woman and biological sex'. As a result, the Scottish administration was mandated to cover a portion of the group's legal expenses.
On Tuesday, FWS confirmed it had received a 'full and final settlement' of £392,500 from the government. In total, the campaign group has been awarded £540,000 in legal costs from these proceedings. When combined with the Scottish government's own legal fees, the total taxpayer cost for the two linked judicial reviews amounts to at least £766,498.80.
Breakdown of Government Expenditure
Figures obtained through a Freedom of Information request last year detailed the initial costs. The Scottish government spent £216,182.50 on the first judicial review at the Court of Session in Edinburgh, which FWS won in February 2022. This included £68,682.50 for its own counsel and court costs, plus £147,500 to cover FWS's legal fees.
The subsequent judicial review at the UK Supreme Court in London incurred at least £550,316.30. This comprised the £392,500 payment to FWS and £157,816.30 for the government's own costs. Notably, FWS indicated this amount is 'expected to rise slightly' to account for additional legal work in finalising the settlement.
Political Criticism and Future Legal Action
Scottish Conservative shadow equalities minister Tess White MSP criticised the government's handling of the matter, stating it had 'taken far too long to pay what is owed'. She argued that ministers 'should never have squandered taxpayers' cash in the first place on defending the indefensible'. Ms White further accused the SNP administration of failing to learn from this experience, noting it is 'wasting even more public cash on a legal fight to allow male-bodied prisoners to be housed in women's jails'.
In a statement, For Women Scotland expressed gratitude for 'overwhelming public support' that enabled their legal challenge. The group confirmed that the funds received will be utilised to cover costs for its current legal challenge against the government's policy on transgender prisoner management, as well as 'any future legal action necessary to ensure the Scottish government complies with the law'.
The Scottish government has been approached for comment regarding these expenditures and the ongoing legal disputes. Final costs for these judicial reviews are yet to be formally confirmed and will be published upon completion.
