Questions and answers

Question reference: S6W-05320

Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
Date lodged: Thursday, 13 January 2022
Current Status: Answered by Ivan McKee on 27 January 2022

To ask the Scottish Government whether it will reconsider its decision to redact the section on assumed liabilities of the business purchase agreement in relation to the Dalzell steelworks, as set out in the response to freedom of information request FOI/202100212787, a review of FOI/202100203997.

The original FOI request and the subsequent review were handled by the Scottish Government in compliance with its statutory obligations under the Freedom of Information (Scotland) Act 2002 (FOISA). Where any requester is dissatisfied with the outcome of a review, there is a clear statutory route by which they may appeal to the Scottish Information Commissioner, within six months. Any new request received by the Scottish Government would be considered afresh, in compliance with our obligations under FOISA.

Question reference: S6W-05326

Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
Date lodged: Thursday, 13 January 2022
Current Status: Answered by Ivan McKee on 27 January 2022

To ask the Scottish Government what legal advice it received in relation to the facilitation of the sale of the Dalzell steelworks, and whether it contained a single view or range of views on whether it complied with state aid rules.

Question reference: S6W-05319

Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
Date lodged: Thursday, 13 January 2022
Current Status: Answered by Ivan McKee on 27 January 2022

To ask the Scottish Government for what reason the previous owners, Tata Steel, have liabilities in relation to the environmental remediation costs for the site of the Dalzell steelworks, and whether this is typical for the owners of similar former sites.

The Scottish Government does not assert that Tata Steel has liabilities relating to the environmental remediation costs for the site of the Dalzell steelworks. In the majority of cases potential contaminated land is dealt with routinely through the development planning system or voluntary remediation with the responsibility and costs for carrying out site investigation and any required remediation resting with the site owner / developer.

Question reference: S6W-05699

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Thursday, 13 January 2022
Current Status: Answered by Jenny Gilruth on 27 January 2022

To ask the Scottish Government what criteria and factors were taken into consideration during the recruitment process for the new Chief Operating Officer of ScotRail.

Question reference: S6W-05321

Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
Date lodged: Thursday, 13 January 2022
Current Status: Answered by Ivan McKee on 27 January 2022

To ask the Scottish Government whether it will reconsider its decision to redact clause 12.4 on the total aggregate liability in the release of the business purchase agreement in relation to the Dalzell steelworks, as set out in the response to freedom of information request FOI/202100212787, a review of FOI/202100203997.

The original FOI request and the subsequent review were handled by the Scottish Government in compliance with its statutory obligations under the Freedom of Information (Scotland) Act 2002 (FOISA). Where any requester is dissatisfied with the outcome of a review, there is a clear statutory route by which they may appeal to the Scottish Information Commissioner, within six months. Any new request received by the Scottish Government would be considered afresh, in compliance with our obligations under FOISA.

Question reference: S6W-05327

Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
Date lodged: Thursday, 13 January 2022
Current Status: Answered by Ivan McKee on 27 January 2022

To ask the Scottish Government what risk assessment it has undertaken of whether Tata Steel will initiate legal proceedings against it in relation to the facilitation of the sale of the Dalzell steelworks.

Question reference: S6W-05318

Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
Date lodged: Thursday, 13 January 2022
Current Status: Answered by Ivan McKee on 27 January 2022

To ask the Scottish Government how disputes about state aid rules are resolved in Scotland post-Brexit, and whether the Court of Session and Supreme Court now have responsibility for interpreting and ruling on any dispute relating to a historic transaction that may have been in violation of pre-Brexit state aid rules.

In relation to measures taken before the end of transition, under Articles 93(1) and 95(1) of the Withdrawal Agreement, the European Commission remains competent until 31 December 2024 to open a State aid investigation in relation to any such measure, and the results of any such investigation are binding on the United Kingdom (and have direct effect in UK law by virtue of Article 4 of the Withdrawal Agreement and section 7A of the EU Withdrawal Act 2018 (“the 2018 Act”)).

Question reference: S6W-05311

Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
Date lodged: Thursday, 13 January 2022
Current Status: Answered by Ivan McKee on 27 January 2022

To ask the Scottish Government what analysis it has (a) conducted and (b) commissioned on the total potential environmental remediation cost of the Dalzell steelworks.

A soil and groundwater contamination liability assessment covering the Lanarkshire steelworks was prepared for the Scottish Government in 2016.

A copy of the report with redactions in line with FOISA exemptions is available from the Scottish Government website here

( https://www.gov.scot/binaries/content/documents/govscot/publications/foi-eir-release/2021/07/foi-202100216003/documents/foi202100216003---information-released-2/foi202100216003---information-released-2/govscot%3Adocument/FOI202100216003%2B-%2BInformation%2Breleased%2B2.pdf ).

Question reference: S6W-05328

Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
Date lodged: Thursday, 13 January 2022
Current Status: Answered by Ivan McKee on 27 January 2022

To ask the Scottish Government what review it has conducted of other contracts in relation to (a) state aid rules and (b) assuming liabilities such as environmental remediation, in light of the results of its review of the facilitation of the sale of the Dalzell steelworks.

We have considered the compliance and disclosure risks associated with significant and complex transactions. This includes the high-profile interventions that the Scottish Government has supported in recent years as outlined in 2020-21 Annual Accounts.

These transactions have been reviewed and, on the basis of information available it remains the case that there was no state aid present in any of the transactions. We have also obtained assurances in respect of the appropriate recognition and disclosure of contingent liabilities.

Question reference: S6W-05323

Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
Date lodged: Thursday, 13 January 2022
Current Status: Answered by Ivan McKee on 27 January 2022

To ask the Scottish Government whether it plans, for any reason, to refer the issue of the possible breach of state aid rules, in relation to the facilitation of the sale of the Dalzell steelworks, to the Court of Justice of the European Union.

Chamber and committees