The cost of the Scottish Government’s legal challenge against the blocking of gender recognition reforms will not be revealed until after the case has concluded, Humza Yousaf has said.
The First Minister said he has received legal advice on the “worst case scenario” figure, but added the costs cannot be made “absolutely transparent” before the case ends.
His Government is seeking a judicial review after Scottish Secretary Alister Jack used a Section 35 order of the Scotland Act to prevent the Gender Recognition Reform (Scotland) Bill from gaining royal assent.
The bill had been passed with the backing of MSPs from all parties in December. It would simplify the process trans people go through to obtain legal recognition in their preferred gender
The UK Government argues the veto was used because the legislation impacted on UK-wide equality laws.
Yousaf has been urged to declare how much Scottish taxpayers will be spending on the legal challenge.
It comes after a Supreme Court challenge on independence, which ruled the Scottish Government cannot hold a legal referendum, cost more than £250,000.
Speaking to journalists while visiting a nursery in Glasgow on Thursday, Yousaf said he “can’t go into the detail of the cost because it is part of legal advice” he has received in relation to the case.
Asked if he has been given a “worst case scenario” figure of the total costs, he said: “Of course,” but added: “I don’t go into legal advice in terms of what the cost of a court case may well be.
“But of course, at the conclusion of that court case, we’ll make those figures absolutely public and absolutely transparent.”
He also dismissed claims that his Government’s challenge is destined for failure.
He said: “If the legal advice said that there is not a stateable case, the Government wouldn’t take it forward."
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