Chamber and committees

As Lord Advocate, I am head of the system for the investigation of deaths in Scotland, as well as of the system of criminal prosecution. I am, accordingly, constitutionally responsible for the investigation of sudden, unexpected, and unexplained deaths in Scotland, as well as for the prosecution of crime. These are functions which I exercise independently of any other person.

Death investigations are undertaken on my behalf by Procurators Fiscal, who act under the direction as required of Crown Counsel. Procurators Fiscal are professional lawyers, who act independently in the public interest. Crown Counsel are likewise senior lawyers who act independently in the public interest and who are responsible for prosecuting the most serious criminal cases and for providing instructions to Procurators Fiscal as required.

Where an inquiry is to be held into the death of a person, the procurator fiscal must investigate the circumstances of the death and arrange for the inquiry to be held.

An inquiry is to be conducted by a sheriff. The purpose of an inquiry is to establish the circumstances of the death and consider what steps (if any) might be taken to prevent other deaths in similar circumstances.

The appointment of a sheriff to the Fatal Accident Inquiry is a matter for the Sheriff Principal and the Scottish Courts and Tribunals Service.

The sheriff must make an order (a “first order”) initiating the inquiry within 14 days of receiving the first notice from the Crown Office and Procurator Fiscal Service.

If the sheriff orders that a preliminary hearing is to be held, it must be ordered to take place within 56 days after the date of the first order.

The purpose of a preliminary hearing is to - ensure that the purpose of the inquiry is achieved when the inquiry takes place, consider the scope of the inquiry and identify the issues which are in dispute, and consider the information likely to be presented at the inquiry and the manner in which it should be presented.

The sheriff may order as many preliminary hearings to take place as is necessary to achieve that purpose.

Crown Counsel issued an instruction on 16 June 2021 that that a Fatal Accident Inquiry take place in relation to the deaths of Richard Dyson and Simon Midgley.

The Crown Office and Procurator Fiscal Service, Health and Safety Investigation Unit is investigating the deaths of Mr Dyson and Mr Midgley and is preparing to lodge a first notice with the court. The first notice will set out any issues identified by the procurator fiscal which it is anticipated the inquiry should address.

The sheriff will appoint dates for the Fatal Accident Inquiry to take place after the first notice has been lodged.

I refer the member to the answer to question S6W-02466 on 28 September 2021. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-02466 on 28 September 2021. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-02466 on‎ 28 September 2021. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

Since August 2021, there have been nine Cabinet Secretaries (including the Deputy First Minister), and 17 junior Ministers.

The following table sets out the numbers of (a) Cabinet Secretaries (Ministers appointed under section 47 of the Scotland Act 1998) and (b) junior Ministers (appointed under section 49 of the same Act) in each year since 1999, with the dates from which any changes were made:

The number of Special Advisers as at 26 May 2021, broken down by pay band, is set out in the answer to S6W-00255 on 23 August 2021. One further Special Adviser was appointed on 27 September 2021 taking the current total to 16.

For the period 1999-2000 to 2002-03 the available data is:

Following the election, the First Minister chose to appoint a special adviser to work on behalf of her and the Deputy First Minister across government, and with stakeholders, to ensure delivery at pace of the key transformational aspects of the Scottish Government’s programme. The role reports directly to First Minister and works alongside and in partnership with the First Minister's Chief of Staff. The role provides leadership of the work of other Special Advisers in the team as required.

The position of Strategic Policy and Political Adviser was filled on 23 August 2021. Special advisers are temporary civil servants appointed in accordance with Part 1 of the Constitutional Reform and Governance Act 2010.

The First Minister’s former Chief of Staff resigned on the suspension of parliament for the 2021 Scottish Parliament election in line with the Special Advisers Code of Conduct and ceased receiving a salary at that point.

Salary bands for current Special Advisers, including the Strategic Policy and Political Adviser, can be found in the answer to S6W-00255 answered on 23 August 2021. In line with GDPR requirements the Scottish Government publishes the number of special advisers in each salary band and does not provide personal data such as specific salary levels or comparative salary levels.

I refer the member to the answer to question S6W-02466 on 28 September 2021. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers