- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Tuesday, 24 February 2026
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Current Status:
Answered by Dorothy Bain on 11 March 2026
To ask the Scottish Government, further to the answers to the Urgent Question and supplementary questions by Dorothy Bain on 18 February 2026, and in light of the Lord Advocate and the Solicitor General having recused themselves from Operation Branchform, whether this means that they should not have had any knowledge of, or dealings with, the criminal case against Peter Murrell, and, if so, for what reason a minute was sent to the First Minister.
Answer
The Solicitor General and I were not involved in decisions in this case. Recusal from operational prosecution decision-making by the Law Officers does not prevent them being advised of significant milestones in a case nor does it prevent them from notifying the government of such milestone.
As head of the system of prosecution in Scotland, I have overall responsibility for the investigation and prosecution of crime, including those cases in which they have recused themselves from decision-making. It was appropriate, therefore, to provide confirmation and necessary reassurance to the government that the normal, well-established practice of recusal had been followed.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Tuesday, 24 February 2026
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Current Status:
Answered by Dorothy Bain on 11 March 2026
To ask the Scottish Government, further to the answers to the Urgent Question and supplementary questions by Dorothy Bain on 18 February 2026, what information has been provided by the Lord Advocate to (a) the First Minister and (b) any special advisers about the criminal case against Peter Murrell, and when.
Answer
In my letter to the Presiding Officer of 24 February 2026 I confirmed that there have been two minutes to the First Minister, in March 2025 and January 2026. These were to advise the First Minister that separate procedural milestones had been reached, to confirm that the appropriate processes had been followed in relation to Law Officers not being involved in decision-making, and to remind him that it would not be appropriate to make any public comment on the matter.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Tuesday, 24 February 2026
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Current Status:
Answered by Dorothy Bain on 11 March 2026
To ask the Scottish Government, further to the answers to the Urgent Question and supplementary questions by Dorothy Bain on 18 February 2026, whether the Lord Advocate has ever contacted any minister or special adviser about any criminal case, aside from the case against Peter Murrell, and, if so, on what occasions, and who was contacted.
Answer
In my letter to the Presiding Officer of 24 February 2026 I confirmed that the practice of prosecutors advising the government of significant prosecution decisions, including but not limited to the service of indictments, is a longstanding one and examples of written updates provided to ministers were provided with my letter, based on available records.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Tuesday, 24 February 2026
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Current Status:
Answered by Dorothy Bain on 11 March 2026
To ask the Scottish Government, further to the answers to the Urgent Question and supplementary questions by Dorothy Bain on 18 February 2026, how many times the Lord Advocate has advised ministers of an indictment in criminal cases, and in which cases.
Answer
In my letter to the Presiding Officer of 24 February 2026 I confirmed that the practice of prosecutors notifying the government of significant prosecution decisions, including but not limited to the service of indictments is a longstanding one and examples of written updates provided to ministers were provided with my letter, based on available records.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Tuesday, 03 March 2026
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Current Status:
Answered by Tom Arthur on 10 March 2026
To ask the Scottish Government what mechanisms exist to monitor compliance by local authorities with statutory duties relating to free personal and nursing care, particularly where payments are delayed due to financial pressures.
Answer
I refer the member to the answer to question S6W-44036 on 10 March 2026. 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.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Tuesday, 03 March 2026
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Current Status:
Answered by Tom Arthur on 10 March 2026
To ask the Scottish Government what its position is on whether it is appropriate for local authorities to prioritise free personal and nursing care payments based on risk assessment or funding availability, including where an eligible person is self-funding.
Answer
I refer the member to the answer to question S6W-44036 on 10 March 2026. 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.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Tuesday, 03 March 2026
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Current Status:
Answered by Tom Arthur on 10 March 2026
To ask the Scottish Government whether it is aware of local authorities operating waiting lists for free personal and nursing care, and what its position is on whether this is consistent with the statutory framework.
Answer
I refer the member to the answer to question S6W-44036 on 10 March 2026. 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.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Tuesday, 03 March 2026
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Current Status:
Answered by Tom Arthur on 10 March 2026
To ask the Scottish Government whether free personal and nursing care under the Community Care and Health (Scotland) Act 2002 must be implemented promptly once eligibility is confirmed, or whether local authorities may lawfully delay implementation due to resource constraints.
Answer
Free personal and nursing care is underpinned by the Community Care and Health (Scotland) Act 2002, which places a duty on local authorities to secure the provision of personal and nursing care, without charge, for individuals who are assessed as eligible. Once eligibility has been confirmed, local authorities must put arrangements in place as soon as reasonably practicable. Operational factors such as care planning and provider availability can affect timescales, but financial pressures or resource constraints do not remove or suspend the underlying statutory duty. The entitlement is not discretionary and applies equally to those who are self-funding their accommodation costs in care homes.
Decisions on eligibility are made by local authorities in line with the guidance set out in the National Eligibility Criteria Framework for Adult Social Care as agreed by the Scottish Government and CoSLA in 2009. The guidance provides a mechanism for managing demand for social care based on the principle that local authorities will manage their resources to focus first on supporting those people who are most in urgent need. It outlines that eligibility criteria should be based on risk and urgency of the need for support and sets out four risk categories against which people’s needs should be considered (low, moderate, substantial and critical).
Local authorities are democratically accountable for the discharge of their statutory responsibilities. Compliance is supported and overseen through statutory guidance, financial and performance reporting, scrutiny by the Care Inspectorate, and established complaints and redress mechanisms, including the Scottish Public Services Ombudsman. The Scottish Government continues to engage closely with CoSLA to understand system pressures and to support implementation which reflects both the statutory framework and the founding principles of free personal and nursing care.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Tuesday, 24 February 2026
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Current Status:
Answered by Graeme Dey on 5 March 2026
To ask the Scottish Government, further to the answers to the Urgent Question and supplementary questions by Dorothy Bain on 18 February 2026, what its position is on whether the head of the prosecution service should be reporting to the head of the executive in relation to the criminal case against Peter Murrell.
Answer
I refer the member to the answer to question S6W-43803 on 5 March 2026. 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.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Tuesday, 24 February 2026
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Current Status:
Answered by Graeme Dey on 5 March 2026
To ask the Scottish Government, further to the answers to the Urgent Question and supplementary questions by Dorothy Bain on 18 February 2026, whether (a) the First Minister has, (b) any other minister has and (c) any special advisers have ever asked the Lord Advocate for information about the criminal case against Peter Murrell, and, if so, when any such contact was made, and what information was sought.
Answer
No such information has been sought.