SNP ministers poised to ditch battle for a gender self-ID system in Scotland after another ‘humiliating’ court defeat

SNP ministers are poised to ditch their long-running battle for a gender self-ID system in Scotland after another “humiliating defeat” in the courts, it has emerged.

Judge Lady Haldane ruled Tory Scottish Secretary Alister Jack’s historic first use of a legal veto to block a devolved Bill was justified – despite the Scottish Government claiming it was unlawful.

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First Minister Humza Yousaf described the landmark judgment as a “dark day for devolution”, a year after Nicola Sturgeon’s bid to hold an indy referendum without a Westminster agreement was rejected by the Supreme Court.

The SNP’s rivals urged the Scottish Government to ditch the bill rather than fight the judgement. And ministers have until December 29 to decide whether to lodge an appeal.

But despite calls from trans groups and the SNP’s Green power-sharing partners to keep battling, the Scottish Sun has been told that Mr Yousaf is preparing to abandon the fight.

One source said Nats ministers had “fought the good fight”, but were “minded”  not to appeal amid polling suggesting majority public opposition against both the gender policy and the court battle.

There is also said to be limited appetite at the top of government to continue the battle after what was seen as a clear judgement against the Scottish Government.

The planned legislation would have meant anyone aged 16 or over in Scotland could change the sex on their birth certificate after a six-month process, simply by making a legal declaration.

The legal case has so far cost the Scottish Government around £230,000, and the UK Government has spent £150,000 – which may also have to be paid by the Scottish Government

After the ruling, Scottish Secretary Alister Jack said it was “clear” the self-ID bill would have had “adverse effects” on equality laws down south.

He added: “Following this latest court defeat for the Scottish Government, their ministers need to stop wasting taxpayers’ money pursuing needless legal action and focus on the real issues which matter to people in Scotland – such as growing the economy and cutting waiting lists.”

MSPs passed the Gender Recognition Reform Bill last December but Mr Jack blocked it from becoming law, arguing it would affect laws down south.

SNP ministers challenged the veto, and a hearing at the Court of Session took place in September.

Mr Yousaf claimed in August that the court challenge was “not actually about the legislation itself” and about the “principle”.

The Scottish Government had claimed the UK veto – under Section 35 of the Scotland Act 1998 – was unlawful and “irrational”.

But Lady Haldane said in her opinion: “I cannot conclude that he [Secretary of State for Scotland] failed in his duty to take such steps as were reasonable in all the circumstances.”

The judge’s ruling also told how the Scottish Government had argued “the exercise of the power in Section 35 amounts to an impermissible intrusion on the constitutional settlement enshrined in the 1998 Act, being motivated by a disagreement on policy”.

However, Lady Haldane  said: “Far from being an impermissible intrusion upon the constitutional settlement, section 35 is an intrinsic part of it.”

Ministers had also argued the decision to block the legislation was purely driven by a policy disagreement between Edinburgh and London on a devolved area.

Despite the clear policy differences, Lady Haldane said this would have led to the use of Section 35 being unlawful but the government had not convinced her that was the case.

Mr Yousaf said his government would “respect” and “consider” the judgment before making a decision on an appeal. But failing to keep up the fight is likely to anger the SNP’s coalition partners the Scottish Greens.

The First Minister added: “Today’s ruling confirms beyond doubt that devolution is fundamentally flawed.

“The court has confirmed that legislation passed by a majority in Holyrood can be struck down by Westminster.”

Scottish Greens MSP Maggie Chapman said the judgement was a “devastating day for equality” and said: “I hope the Scottish Government will consider all options for appeal.”

Vic Valentine from campaign group Scottish Trans said: “We are really concerned that this judgement, if left unchallenged, means that trans people will continue to have to use the intrusive, unfair and expensive process for being legally recognised as who we truly are that a majority of MSPs voted to significantly improve last year – and so we urge the Scottish Government to appeal.”

But Meghan Gallacher, Scottish Tory deputy leader, labelled the defeat “humiliating” for Mr Yousaf and said his decision to go to court had “squandered taxpayers’ cash on a self-serving but doomed court case”.

She added: “Humza Yousaf must now listen to the court, as well as the court of public opinion, not appeal this ruling and ditch the Bill for good.

“We all want to see the lives of trans people improved but that can’t come at the expense of the hard-won rights of women and girls.”

Backers had hailed the Bill as a major step forward for trans people, arguing it would reduce their torment compared to the current two-year process for ages 18 and over where a medical diagnosis is needed.

But critics warned it could lead to predators accessing female-only spaces, and are angry about the principle of male-bodied people legally becoming women.

A series of proposed changes to the law – including a ban on those awaiting trial for sex attacks changing gender – were narrowly rejected in a marathon two-day Holyrood session leading up to the final vote.

YouGov polling last December found 60 per cent are opposed to plans to remove the need for a diagnosis of gender dysphoria before allowing people to change the sex on their birth certificate.

The poll for the Times Scotland showed just 20 per cent of voters were In favour of the controversial change, with 20 per cent unsure.