4th July, 1998
Press For Change activist Claire Ashton wrote to her MP, asking for his help in finding out how much money the government spends on denying us our rights. Claire’s question was:
“How much public money has been expended in each of the last seven fiscal years (90/91 through 97/98) in the defence of actions brought against the government by transsexual persons?”
As you’ll see from the reply below, the Attorney General can’t give an answer. This is rather odd, because his Conservative predecessor managed to give a detailed answer when asked for similar information in a formal parliamentary question in March 1996.
So, what has happened to the Attorney-General’s cost control procedures? Why are the figures no longer available? Watch this space!
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The Rt Hon John Morris QC MP
Attorney General
9 Buckingham Gate
London SW1E 6JP
Tel 0171-828 1884
Paul Marsden Esq MP
House of Commons
London
SW1A OAA
3 July 1998
Dear Paul,
Thank you for your letter of 13 May, enclosing a letter from your
constituent Claire Antonia Ashton.
Your constituent asked for information concerning the cost of defending actions brought by transsexuals against the Government in the various European courts. As I explain below, I cannot provide precisely the information Miss Ashton seeks. However, I hope the following is helpful.
So far as the European Court of Justice in Luxembourg is concerned, I am aware of only one case concerning transsexuals. This is P v S and Cornwall County Council (1996). The UK Government was not a principal party to the litigation, although it did submit observations when the case was referred to the European Court. There have been no cases where the Government was defendant.
So far as the European Court of Human Rights in Strasbourg is concerned, the Government has not been found in violation of the Convention by the Court in any judgment received to date. It has therefore not had to meet any awards of costs or damages. Judgment has been received in two cases: Cossey v UK (1990) and X, Y and Z v UK (1997). We are awaiting the judgment of the Court in two other cases: Sheffield v UK and Horsham v UK. The Government is also currently defending two cases before the Commission; both are at a comparatively early stage in the proceedings.
I am afraid I am not able to give you figures for the expense of defending these cases. In each one, counsel will have been instructed. In addition, work will have been done by officials in the Foreign and Commonwealth Office, and in the Department of Health and other policy departments. I am afraid it would be a very time-consuming exercise, and not a particularly accurate one, to estimate the notional cost to Government of engaging in this litigation.
John Morris
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