Scottish government yet to pay up after losing legal battle over definition of a woman
The Scottish government and For Women Scotland’s long-running legal battle over the definition of a woman is yet to come to a close.
For Women Scotland (FWS) won the case in April when the country’s highest court ruled “woman” and “sex” in the Equality Act 2010 refers to “a biological woman and biological sex”.
The Scottish government was ordered to pay a portion of the campaign group’s legal costs.
FWS told Sky News the bill of costs for the Supreme Court element of the case was more than £270,000, however various parts have reportedly been disputed by the Scottish government.
That has now been submitted to the court for determination and a decision is awaited.
Pic: PA
The Outer and Inner House element of the case at the Court of Session in Edinburgh was said to be more than £150,000.
Trina Budge, co-director of FWS, said the group is also due an uplift – a small percentage of the final expenses awarded.
Ms Budge claimed Scottish ministers are yet to enter into any negotiations on settlement and a date has been set in January for a hearing before the Auditor of the Court of Session to confirm the amount the government will have to pay.
Ms Budge said: “The delay always suits the paying party but I think it’s quite unusual to decline to enter into any discussions at all.
“It’s highly likely this is a deliberate tactic in the hope of starving us of funds to prevent us continuing our latest case on the lawfulness of housing male prisoners on the female estate.
“However, it should come as no surprise to the government that we have massive support and we will, of course, be continuing regardless of any sharp practices.”
Susan Smith and Marion Calder, co-directors of For Women Scotland, outside the Supreme Court in London in April. Pic: PA
It is understood the bill of costs for the Supreme Court case was lodged by FWS in August, while the expenses linked to the Court of Session action was submitted in September.
Figures revealed by a recent Freedom of Information (FOI) request show the Scottish government has spent at least £374,000 on the case.
Final costs are yet to be confirmed but will be published once complete.
A Scottish government spokesperson said: “There is an established process to be undertaken to agree the final costs for a legal case and these will be calculated and published in due course.”
In August, FWS lodged fresh action at the Court of Session.
The group claimed Holyrood’s guidance on transgender pupils in schools and the Scottish Prison Service’s (SPS) policy on the management of transgender people in custody were both in “clear breach of the law” and “inconsistent” with the Supreme Court judgment.
The following month, the Scottish government issued updated guidance which said schools across the nation must provide separate toilets for boys and girls on the basis of biological sex.
If possible, schools can also provide gender neutral toilets for transgender students.
However, court proceedings continue over transgender prisoners.
Current SPS guidance allows for a transgender woman to be admitted into the female estate if the inmate does not meet the violence against women and girls criteria, and there is no other basis “to suppose” they could pose an “unacceptable risk of harm” to those also housed there.
First Minister John Swinney and Justice Secretary Angela Constance have both dodged questions on the case, citing it would be inappropriate to comment on live court proceedings.
Justice Secretary Angela Constance and First Minister John Swinney. Pic: PA
On Tuesday, Ms Constance was accused by former Scottish Tory leader Douglas Ross of “misleading” Holyrood, saying she could give full answers under contempt of court legislation.
Scottish Tory MSP Tess White, the party’s equalities spokesperson, added she was “spine-chillingly concerned” of a repeat of the Isla Bryson case.
The case of Isla Bryson sparked a public outcry after the double rapist was sent to a women-only prison. Pic: PA
Bryson, a transgender woman born Adam Graham, was initially sent to a women-only prison despite being convicted of raping two women.
The offender was later transferred to the male estate following a public outcry.
Speaking to Sky News, Ms White said: “John Swinney was quick to waste taxpayers’ money fighting a case which confirmed what the vast majority of the public knew beforehand: a woman is an adult human female.”
The MSP for North East Scotland urged the SNP administration to “pay up and finally respect the clear judgment from the Supreme Court”.
A Scottish government spokesperson said: “It is the Scottish government’s long-held position that it is inappropriate for Scottish ministers to comment on live litigation.
“In all cases, we have an obligation to uphold the independence of the judiciary. We do not want the government to ever be seen as interfering in the work of the independent courts.”
Police are investigating after a “number of people” were believed to have been attacked with pepper spray by a group of men who then fled.
Officers were called at 8.11am to a multi-storey car park at Terminal 3 following reports of multiple people being assaulted, said the Metropolitan Police.
A statement by the force said: “A number of people were sprayed with what is believed to be a form of pepper spray by a group of men who then left the scene.”
What we know so far
• Several assaulted with ‘pepper spray’
• One arrest – police hunt for more suspects
• Incident said to involve people known to each other
• Incident not being treated as terrorism
• 21 people treated by ambulance service – five taken to hospital
• Injuries not believed to be life-threatening
• Traffic disruption reported – but train lines since reopened
Live updates on Heathrow incident
Fire engines responding to the incident at Heathrow Airport. Pic: @_umarjaved
Armed police attended and one man was arrested on suspicion of assault. He remains in custody and enquiries continue to trace further suspects.
Police are not treating the Heathrow incident as terrorism.
London Ambulance Service also attended the scene and treated 21 people, including five who were taken to hospital. Their injuries are not believed to be life-changing or life-threatening.
There is currently some disruption to traffic in the area and Terminal 3 remains open.
Increased police presence
Commander Peter Stevens said: “At this stage, we believe the incident involved a group of people known to each other, with an argument escalating and resulting in a number of people being injured.
“Our officers responded quickly and there will be an increased police presence at Heathrow Airport throughout the morning, to continue enquiries and ensure the safety of those in the area.
“We are not treating this incident as terrorism. I understand the public’s concerns and would like to thank those in the area for their cooperation this morning.”
A person is detained at the airport. Pic: @_umarjaved
‘Significant incident’
The London Ambulance Service said a “significant incident” was declared.
There was a “full deployment” of resources and the ambulance service is treating it as ongoing.
A London Fire Brigade spokesperson said: “We were called at 8.14am today to assist emergency service colleagues at an incident near Terminal 3 at Heathrow Airport. Firefighters remain at the scene.”
Heathrow is advising passengers to allow extra time when travelling to the airport and to check with their airline for any queries.
There was disruption to train and Tube services, with some delays on the Elizabeth Line and the Piccadilly Line.
National Rail said on its website that lines had been reopened allowing trains to call at Heathrow “following the emergency services dealing with an incident at the airport”.
It said: “Although lines have now reopened, disruption is expected to continue whilst services return to normal, delays of up to 10 minutes and cancellations can be expected until 11.45am.”
National Highways East said on X: “A serious incident within the @HeathrowAirport Tunnel has resulted in the closure of the #M4 spur road southbound between M4 and J4A.
“@metpoliceuk responding. We’ll keep you updated.”
It later said: “Incident has been resolved and all closures lifted on the #M4 southbound @HeathrowAirport spur road between #M4 and J4A.”
People on social media have reported vehicles were being searched at the airport.
A user on X said there was a “major backlog of cars unable to leave the vicinity or enter the drop-off zone” at Terminal 3.
In footage on X, several armed police were seen in a car park.
England and Scotland fans have found out where their World Cup group games will be played when the tournament kicks off in June.
England, who are in Group L, will begin their tournament against Croatia in Dallas at 4pm EST (9pm BST) on 17 June. They will then go on to face Ghana in Boston at 4pm EST (9pm BST) on 23 June and Panama in New Jersey, New York, at 5pm EST (10pm BST) on 27 June.
Scotland are in Group C, and their first match will be against Haiti in Boston at 9pm EST on 13 June (2am GMT the following morning).
They will go up against Morocco also in Boston at 6pm EST (11pm GMT) on 19 June and then Brazil in Miami at 6pm EST (11pm GMT) on 24 June.
Fans are expected to rush to sort their travel and accommodation plans now that they know where and when the matches take place.
Read more: Unapologetically political – a World Cup draw like no other
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England and Scotland learn World Cup fate
Wales and Northern Ireland have yet to find out if they will qualify.
Wales must face a play-off against Bosnia and Herzegovina in Cardiff, then either Italy or Northern Ireland, if they are victorious.
If they beat these play-off opponents, they will secure their place in Group B alongside Canada, Qatar and Switzerland.
However, Northern Ireland will also be vying to guarantee their spot in the same group if they can beat Italy and then either Wales or Bosnia and Herzegovina.
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UK
World Cup 2026 – who England, Scotland, Wales, Northern Ireland and the Republic of Ireland will play
Scotland and England now know who they will face in the group stage of the next summer’s world cup.
But the fates of Northern Ireland, the Republic of Ireland and Wales won’t be determined until they compete in pre-tournament play-off matches in March.
England are in Group L along with Croatia, Panama and Ghana. Their first match will be against Croatia, who beat them in the semi-finals of the 2018 World Cup in Russia.
Pic: Reuters
Scotland’s first match will be against Haiti, in Group C.
Brazil and Morocco are the other Group C teams – both countries were also in the same opening group as Scotland in the 1998 World Cup in France.
Trump and Infantino at the World Cup draw
Wales have yet to find out if they will qualify as they must face a play-off against Bosnia and Herzegovina in Cardiff, and then either Italy or Northern Ireland, if they are victorious.
Read more:
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If they can overcome these play-off opponents then they will secure their place in Group B along with Canada, Qatar and Switzerland. But Northern Ireland will also be vying and hoping to guarantee their spot in the same group if they can beat Italy and then either Wales or Bosnia and Herzegovina.
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‘Bring it on!’: Scotland fans react to World Cup draw
The Republic of Ireland also need to get through the play-offs first and are paired against the Czech Republic for their semi-final. Should Ireland win that match, they will need to beat either North Macedonia or Denmark to get to the finals where an opening group containing joint hosts Mexico, South Africa and South Korea awaits.
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