Chamber and committees

The Scottish Government has made clear that it accepts the judgment of the Supreme Court.

The Scottish Government has no plans to issue additional guidance for universities and research institutions regarding collaboration with Chinese entities that UK intelligence agencies have deemed a security risk.

Universities are autonomous institutions and are responsible for ensuring their alliances and partnerships are safe and appropriate. Ministers expect all institutions to understand and manage the risks associated with international partnerships and conduct appropriate due diligence.

Whilst national security is reserved to the UK Government, we expect universities to comply with relevant legal requirements, including the National Security Act 2023, and National Security and Investment Act 2021. We also expect our universities to carefully consider advice and existing guidance from bodies such as Universities UK, and the UK Government’s Research Collaboration Advice Team, to support them in managing risks of international partnerships.

Scottish higher education institutions are autonomous bodies, and any partnerships they enter are a matter for them and their governing bodies.

The Scottish Government expects Scottish universities to carefully consider and manage the reputational, ethical and security risks associated with any partnerships within global academic networks engaged in defence, surveillance, or dual-use technology research. This includes conducting due diligence, taking into account key sector guidance, and remaining compliant with relevant legal requirements, such as the National Security Act 2023 and National Security and Investment Act 2021.

Although universities are autonomous institutions, we expect them to be conducting due diligence on international research agreements - including complying with relevant legal requirements already in place and carefully considering guidance published by Universities UK, and the UK Government’s Research Collaboration Advice Team, to support them in managing risks of international partnerships.

The Scottish Government accepts the Supreme Court judgment.

The Supreme Court counselled against reading this judgment as a triumph of one or more groups in our society at the expense of another. It is not. The ruling gives clarity on the interpretation of two pieces of relevant legislation passed at Westminster. We will now engage on the implications of the ruling. Protecting the rights of all will underpin our actions. The Scottish Government acted in good faith in our interpretation of both the Gender Recognition Act 2004 and the Equality Act 2010; and as the Supreme Court recognised, our approach was consistent with advice then given by the EHRC.

The Scottish Government has continued to engage with UK Government regarding university collaborations with Chinese state-linked institutions. Whilst national security is reserved to the UK Government, we expect universities to comply with relevant legal requirements, including the National Security Act 2023, and National Security and Investment Act 2021.

The Scottish Government expects Scottish universities, as autonomous bodies, to consider and manage the reputational, ethical and security risks associated with international partnerships, and conduct appropriate due diligence.

The Scottish Government expects Scottish universities, as autonomous bodies, to carefully consider and manage the reputational, ethical and security risks associated with pursuing joint research ventures within global academic networks. Alliances that universities form within these networks are a matter for them and their governing bodies, as long as they are within the law.

As part of this, we expect universities to carefully consider advice and existing guidance on international partnership risk management from bodies like Universities UK and the UK Government’s Research Collaboration Advice Team.

Additionally, the Universities should conduct due diligence in relation to national security, which is a matter reserved to the UK Government, and compliance comply with relevant legal requirements, such as the National Security Act 2023 and National Security and Investment Act 2021.

The Scottish Government has set up a short life working group to consider existing policies, guidance and legislation which may be impacted by the judgment.

This work will position us towards a state of readiness to take all necessary steps when the EHRC’s revised Statutory Code of Practice on services, public functions and associations and updated guidance are published.

All public bodies must comply with the law.

Scottish Ministers, including the First Minister, have urged UK Ministers on numerous occasions to take tangible and decisive action to secure the site’s long term and sustainable future. We have continued to assert that the Scottish Government stands ready to play its part but that we require the weight of the UK Government’s vast resources to be deployed.

The UK Government’s commitment of £200 million from the National Wealth Fund to support Grangemouth’s transition is welcome but it must be available now. I hope the member will join me in calling on UK Ministers to provide clarity as to how businesses at Grangemouth can access this money to ensure new employment opportunities are made available in the near future and not much further down the line.

To date, we have never received a request from the business for such an intervention therefore no discussions have taken place.