Chamber and committees

The Scottish Government receives legal advice on this and other EU matters on an on-going basis and will continue to do so as appropriate as it explores all options to protect Scotland’s interests and relationship with the EU.

The Scottish Ministerial code is clear that Ministers must not divulge either the source or content of legal advice. However, this will not undermine Scottish Government commitment to provide regular updates to the Scottish Parliament on the work undertaken in response to the result of the EU referendum.

The Scottish Government is currently undertaking an extensive analysis to understand the potential implications of the UK exiting the EU, and the impact on Scotland. In all its work the Scottish Government is exploring ways to protect Scotland’s national interests. This work draws on evidence from a wide range of sources, including in-house analysis, stakeholder feedback, and advice from the Standing Council on Europe. Some of this analysis has been published in the reports I referred to in answer to question S5W-04193 on 15 November 2016. The First Minister has also announced that proposals for maintaining membership of the Single Market for Scotland, even if the rest of the UK leaves, will be published in the next few weeks.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

Where the Scottish Government Legal Directorate (SGLD) does not provide legal advice to the Scottish Government then the Scottish Government procures its legal advice from existing legacy contracts awarded under SGLD Frameworks (e.g. the SGLD Legal Services Framework 2007 and 2011) as well as the Scottish Government Collaborative Framework Agreement for Legal Services 2015 (the SG Collaborative Framework). The spend under each Lot since May 2016 shows the spend under existing legacy contracts as well as the Scottish Government spend under the SG Collaborative Framework.

Framework 2015

Framework 2011

*AIB contract included within Lot 3 although was contracted under Lot 3 and 5.

Framework 2007

The Scottish Government 2015 Sea Fisheries Employment Report estimates that:

• 73 per cent of employees working in the Scottish fleet are UK citizens;

• 8 per cent are citizens of European Economic Area countries; and,

• 19 per cent are citizens of countries outside the European Economic Area.

The Scottish Government has not estimated the specific impact of the introduction of tariffs on raw construction materials following the Brexit vote. As the UK Government has not yet set out its approach to trade post Brexit, it is not possible to make any meaningful estimate. However, whilst there may be some import substitution, it is clear that any increase in tariffs on raw materials from the EU or the rest of the world will push up costs for public infrastructure projects, including housing.

Analysis published by the Scottish Government (“Potential Implications of the UK Leaving the EU on Scotland’s Long Run Economic Performance”) on 23 August 2016 summarises the impact that leaving the EU could have on the Scottish economy based on a range of recent studies covering different trading relationships that the UK could adopt. Evidence published by the European and External Relations Committee based on analysis by the Fraser of Allander Institute confirms the risks Brexit poses to Scotland’s economy. The Fraser of Allander Institute analysis includes estimates of the impact on exports based on a number of potential trading relationships. The Scottish Government is therefore well aware of the potential impact of Brexit on exports from Scotland and we are pursuing all options to retain our relationship with Europe, access to the single market and all the advantages that brings.

I refer the member to the answer to question S5W-04327 on 15 November 2016. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at: http://www.parliament.scot/parliamentarybusiness/28877.aspx

The Scottish Government is committed to protecting Scotland's relationship with the EU, including state aid rules, following Scotland's unequivocal vote to retain the wide range of economic and social benefits membership provides. We are considering all possible steps to ensure Scotland's continuing relationship with the EU and are engaged at ministerial and official level with the UK Government to ensure the best outcome for Scotland following the EU referendum.

This means that we will continue to provide appropriate support to businesses within the state aid rules as we do for activities such as skills and training, and Research Development and Innovation.

The Scottish Government has not yet received any information from the UK Government regarding its Great Repeal Bill. While giving evidence at the European and External Relations Committee of the Scottish Parliament, the Secretary of State for Scotland confirmed that this process would be taken forward on the basis of close co-operation between the two governments. The Scottish Government has a distinct role in protecting Scotland’s interests, and must be treated as an equal partner and be centrally involved in developing the UK position.

The Scottish Government greatly values the contribution that EU migrants bring to our economy and society. We also value the freedom of movement including the right to live, study and work in all EU countries and benefit from their healthcare and social security systems.

In relation to professional sport, while the impacts of Brexit are primarily for Sporting Governing Bodies and other sporting authorities to consider, we are committed to working with them on any issues that may arise. We maintain regular contact with sporting authorities on a number of issues.