John Swinney has been accused of spending nearly £1 million of taxpayers' money on court battles “defending the idea dangerous men can transform into women”. The Sunday Mail uncovered the Scottish Government's bill for fighting three legal actions brought by feminist campaign group For Women Scotland (FWS) on trans issues, all resulting in defeats for ministers.
Cost Breakdown of Legal Defeats
Figures obtained through Freedom of Information laws show ministers spent £189,207.50 on a judicial review over allowing transgender prisoners to be housed in the female estate. The policy was scrapped last month after Lady Ross ruled it unlawful. The £189,207.50 bill includes £188,557.50 spent in the 2025/26 financial year, with £650 recorded for 2026/27.
A total of £564,115 was spent defending the Scottish Government in FWS’s UK Supreme Court case, which concluded that “woman” and “sex” in the Equality Act refer to biological sex. A further £216,182 went on defending a successful FWS appeal over the definition of “woman” used in laws to raise female representation on public boards.
Reactions from Campaigners and Politicians
Susan Smith of FWS said: “The public will be horrified by the waste of money spent to defend the ludicrous idea men – including some of the most dangerous men in Scotland – can transform into women and access women’s spaces. Women in prison are overwhelmingly victims of domestic violence and many have told us how scared and intimidated they have been by male prisoners. It’s insulting that, when there is a cost of living crisis and pressing needs in our schools and NHS, that John Swinney’s Government decided to spend money to defend this policy at the expense of the rights and safety of women.”
Scottish Tory equalities spokeswoman Meghan Gallacher said: “It’s outrageous the SNP have blown this eye-watering sum of taxpayers’ money pursuing their obsession with gender ideology through the courts. This waste of money is an insult to Scots who are forced to pay more in tax while hospitals, schools and other frontline services are overwhelmed. John Swinney must apologise and explain why the SNP thought fighting common sense was worth so much.”
Labour’s Michael Marra added: “This is a classic example of John Swinney and the SNP’s total disregard for public money and their addiction to waste. Faced with defeat, John Swinney would rather blow £1million of public cash trying to save face than accept his government’s position was untenable. The waste needs to end – we need public interest tests in the Ministerial Code so that taxpayers do not pick up the bill for political damage limitation.”
Policy Reversal and Government Response
Lawyers for the government had argued that blocking transgender prisoners from the female estate would breach their human rights. Following the ruling, the Scottish Prison Service (SPS) has begun moving trans prisoners to jails according to their biological sex, after the Scottish Government confirmed it would not appeal. The SPS said: “Following the removal of policy and guidance, individuals in prison are accommodated on the basis of biological sex.”
A Scottish Government spokesperson said: “There is an established process whereby parties seek to establish the final costs payable for a legal case.”
