Chamber and committees

Following the appointment of Lord Scott to chair the Emma Caldwell Public Inquiry, I have consulted with the Chair, and met with the Caldwell family and a range of key parties to discuss the Terms of Reference of the Inquiry.

In these discussions I outlined my intention to keep the Terms of Reference focused on the original investigation of Emma’s death but sufficiently broad to allow Lord Scott to look at wider issues he considers to be pertinent to the Inquiry. This approach was broadly supported.

The Solicitor General, on behalf of the Law Officers, is content that the prosecutorial decision-making is examined by the Inquiry in connection with the investigation into the murder of Emma Caldwell.

I am pleased to confirm that the Inquiry will formally begin its work on 9 December 2025. The Inquiry’s setting up date marks the point at which I hand over full responsibility of the Inquiry to Lord Scott and the work of the Inquiry will commence.

The Terms of Reference agreed with Lord Scott are provided below:

PUBLIC INQUIRY INTO THE INVESTIGATION OF THE MURDER OF EMMA CALDWELL – TERMS OF REFERENCE

On 28 February 2024 Iain Packer was convicted of the murder of Emma Caldwell, 19 years after her death. I announced on 7 March 2024 that there would be an independent judge-led inquiry given the gravity of the case, the length of time that it took for justice to be served and the extent of the sexual violence suffered by the victims and survivors.

The Inquiry’s Terms of Reference are set out below. The Terms of Reference do not attempt to present a definitive list of every issue the Inquiry will consider. They specify areas of investigation which the inquiry will interpret flexibly.

Terms of Reference

• To examine the investigation carried out by Strathclyde Police, under the direction of the Crown Office and Procurator Fiscal Service, into the murder of Emma Caldwell, including (i) the investigative strategy and decision making; (ii) the giving of direction by the Crown Office and Procurator Fiscal Service (iii) any steps which could reasonably have been taken and, had they been taken, might have resulted in the offender being apprehended and prosecuted at an earlier stage; (iv) the roles and responsibilities of those involved; and (v) any other factors relevant to the circumstances of the investigation and related prosecution and to make recommendations to address any finding in that regard.
• To examine whether any failures in training, procedures, operating models or systems of working contributed to failures (if any) by Strathclyde Police or the Crown Office and Procurator Fiscal Service in relation to the investigation and to make recommendations to address any finding in that regard.
• To report to the Scottish Ministers on the above matters and to make recommendations as soon as reasonably practicable.

The Scottish Government offers a competitive non-domestic rates regime to support businesses and communities worth an estimated £730 million in 2025-26, with nearly half of all non-domestic properties in Scotland paying no rates. This includes the Small Business Bonus Scheme (SBBS), the most generous relief scheme of its kind in the UK, which reduces the rates bill for small businesses by nearly £250 million as at June 2025.

In its 2025-26 Budget, the Scottish Government maintained a competitive non-domestic rates package including the most generous small business rates relief in the UK.

The Scottish Government recognises the report’s findings on increasing pressure on Shetland’s marine space from energy developments and will use it to inform our fisheries co-existence work.

We are committed to managing Scotland’s seas to ensure sustainable use of resources and to minimise impacts on existing users, including fishers.

Shetland’s fishing fleet and the wider Scottish sector are vital to our economy and communities, and we aim to secure a prosperous future for them while meeting net zero targets. To achieve this, we are updating the Sectoral Marine Plan for offshore wind, developing National Marine Plan 2, and commissioning work on cumulative impacts.

Fishing representatives are key stakeholders in these processes, and we will continue to engage with them through planning and consenting stages, alongside workstreams under the Scottish Offshore Wind Energy Council to support coexistence between offshore wind and fisheries.

Following the decision in the UK Budget to implement a retail-specific discounted business rate in England from April 2026, the Scottish Government has received representations from retail representative organisations including the Scottish Retail Consortium and others through correspondence and through the Non-Domestic Rates Consultative Group.

LFASS is an area-based payment under article 31 of Regulation (EU) No 1305/2013 focuses on providing financial support to farmers operating in areas that face natural or other specific constraints.

The eligibility is contained within The Less Favoured Area Support Scheme (Scotland) Regulations 2010 which were developed and approved by the European Union at that time.

The importance of supporting our producers on our most constrained land is very well understood. We are committed to a thriving rural Scotland, and we are working with all stakeholders to ensure that our remote communities, and those producing in areas of constraint, are supported through the new framework.

Thousands of farmers in rural areas will begin receiving LFASS payments totalling more than £56m this week. This highlights our continuing commitment to investing in rural Scotland and supporting our iconic livestock sector.

Scottish Government remains fully committed to co-developing the future payment framework of the four-tier support system. We will work with our farmers, crofters and stakeholders to ensure any changes to LFA support continue to deliver stability and investment.

All the 2024 LFASS payment calculations were, in part, based on historic data.

Part of the payment calculation includes values based on a historic year, which stem from farming activity at that time.

National Planning Framework 4 (NPF4) was approved by the Scottish Parliament in February 2023, before the UNCRC (Incorporation) (Scotland) Act commenced. Its implementation reflects children’s rights principles, including participation and wellbeing considerations.

For individual development proposals, including national developments and cases under sections 36 or 37 of the Electricity Act 1989, applicants are not legally required to prepare a CRWIA. However, Ministers must act compatibly with UNCRC requirements.

Scottish Ministers must prepare and publish a CRWIA for strategic decisions affecting children’s rights and wellbeing—high-level decisions that may impact the Government’s ability to respect, protect, and fulfil these rights. These typically include setting policy priorities, allocating resources, and policy delivery, but not routine operational decisions (e.g. many planning or licensing cases).

Strategic decisions are usually made by Ministers but can also be made on their behalf. They generally influence how the Scottish Government implements laws and policies over the long term, though urgent short- or mid-term decisions may also qualify. Strategic decisions may form part of an overarching plan. Ministers also intend to carry out CRWIAs for any changes or reviews of such decisions.

The Scottish Government, in partnership with Commonwealth Games Scotland, considered multiple venues across Glasgow for Team Scotland House. The Corinthian was assessed as the best venue based on several factors, including proximity to travel routes, security and space requirements.

As this is an operational matter for Scottish Enterprise, I have asked its Chief Executive, Adrian Gillespie to respond to you directly.

The information requested is not held centrally.