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 has not outsourced legal advice relating to Scotland’s place in Europe under the Legal Services Framework. If it considers that it is necessary to do so it will consider how best to source that requirement, including which, if any, lot it falls under.

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

I and other Scottish Ministers have given regular updates to the Scottish Parliament on the work the Scottish Government is undertaking in response to the result of the EU referendum.

Legal advice is procured via a Collaborative Framework which commenced on 1 August 2015. The Scottish Government Legal Directorate (SGLD) provides the Scottish Ministers with their legal advice. In respect of legal advice which is procured, Scottish Procurement and Commercial Directorate manages the overarching Framework and SGLD manages the contracts it lets under it.

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.

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 Joint Ministerial Committee on EU Negotiations (JMC(EN)) is part of the formal inter-governmental machinery between the four Administrations of the United Kingdom. The Scottish Government represents Scotland’s interests in that forum.

The Scottish Government has committed, in our Written Agreement with the Scottish Parliament, to ensure members have opportunity to scrutinise formal inter-governmental engagement. I alerted the Culture, Tourism, Europe and External Relations Committee in advance of the JMC(EN), which took place on 9 November 2016.

Food and Drink Exports from Scotland were valued at £4.9 billion in 2015, with 40% going to the EU. We are working closely with stakeholders across the food and drink industry, including the industry leadership body, Scotland Food and Drink, to establish the impact of Brexit on Scotland’s trade within the EU and through wider free trade agreement.

No information has been published by the Minister for UK Negotiations on Scotland’s Place in Europe.

However, a number of reports have been published by the Scottish Government following the EU referendum, including:

• ‘Potential Implications of the UK Leaving the EU on Scotland's Long Run Economic Performance’ (August 2016) http://www.gov.scot/Resource/0050/00504615.pdf

• ‘The impacts of migrants and migration into Scotland’ (October 2016) http://www.gov.scot/Publications/2016/10/5974 and ‘Characteristics of migrants in Scotland: Analysis of the 2011 Census’ (October 2016) http://www.gov.scot/Publications/2016/10/6840

• ‘State of the Economy’ (October 2016) http://www.gov.scot/Resource/0050/00508901.pdf