Chamber and committees

The reforms would increase public participation in development proposals at pre application stage. The transparency of the process would remain unchanged. All information relating to applications to build, operate or modify onshore electricity generating stations with capacities exceeding 50 megawatts, as well as all applications to install overhead power lines, large oil and gas pipelines, and associated infrastructure are published and searchable on our Energy Consents website, at https://energyconsents.scot/

The consultation proposes new standardised processes for both onshore and offshore developers to engage with local communities and stakeholders before applying to the Scottish Government for new energy infrastructure.

At present, the Electricity Act has no provisions that compel developers to notify or consult communities or stakeholders before an application is submitted to Scottish Ministers.

This means the public and communities could remain unaware of proposed projects until an application is submitted.

Many developers do consult communities, but the approach is variable – which undermines public confidence and makes the applications more complex.

The consultation suggests a duty to consult communities and other statutory bodies – such as the planning authority – before an application is made.

It also proposes that a “statement of community consultation” is submitted with an application. This would set out how the public will be able to submit views on the development and how those will be considered in the final application.

The consultation also proposes the submission of a final consultation report setting out the steps taken to engage the public and how those views have been considered.

As head of the system of prosecutions in Scotland, I have primary responsibility for the investigation and prosecution of criminal offences in Scotland.

I have, along with Procurators Fiscal, who hold commissions on my behalf, legal authority to instruct the police in their investigation and reporting of crime and all suspicious, sudden and unexplained deaths.

Instruction of the police can take the form of Lord Advocate Guidelines to the Chief Constable to inform of approaches to be taken by the police in specified circumstances. Equally, instruction and direction may be issued in relation to specific matters in the context of ongoing liaison between the police and Procurators Fiscal who can instruct the police during the course of investigations and when further investigation is required in a case. Instruction of the police is a continuous process in the discharge of the Lord Advocate’s duties as regards the investigation and prosecution of criminal offences in Scotland.

COPFS is the client and receiver of pathology services in Scotland and is not responsible for the training of pathologists.

The forensic histopathology training programme is delivered by the NHS, following Royal College of Pathologists curriculum and in conjunction with forensic pathology service providers at NHS sites across Scotland. There are four training positions within the NHS in Scotland. Training and retention are a matter for the NHS and pathology service providers.

However, COPFS encourages the training and development of Forensic Pathology trainees in Scotland by providing exposure to Crown-instructed post mortems as part of the training programme with the assistance of service providers. As part of the training programme, Forensic Pathology trainees are encouraged to attend court to experience the court system and the methods used to obtain evidence from professional witnesses.

COPFS has provided an awareness session to paediatric pathologists in Scotland led by a senior Advocate Depute and will consider further sessions in the future.

Any case that requires the post mortem examination to be conducted by two Forensic Pathologists is currently referred from Aberdeen to Edinburgh by COPFS. The majority of these are potential homicide cases.

There are no issues with unascertained causes of deaths on death certificates in Aberdeen.

The certification of a person’s death is a matter that falls solely within the clinical responsibility of medical practitioners, who require to be satisfied to the best of their knowledge and belief as to the cause of death.

Following a post mortem examination, the pathologist will ordinarily certify the cause of death. In some cases, an ‘interim’ death certificate is issued by the pathologist indicating that the cause of death is unascertained until the results of further analysis - including but not limited to histopathology, toxicology and neuropathology - are obtained. This certificate allows the death to be registered and the body to be released to the family to allow funeral arrangements to be made. Once all analysis has concluded and the final cause of death is confirmed, the interim death certificate is then amended. However, in a small percentage of cases the pathologist is unable to determine a cause of death even after all such analysis is done.

There are a number of reasons why the pathologist may be unable to determine a cause of death, such as a significant delay between the date of death and the body being found.

Where a pathologist is unable to determine a cause of death, they will include in their report as much information as possible about their findings to assist nearest relatives with possible explanations for the death having occurred. COPFS will provide that information to relatives when advising them of the final cause of death.

NHS Lothian provide pathology services for the East of Scotland. There are six full-time forensic pathologists performing both forensic and routine postmortems in Edinburgh.

In 2023-2024, NHS Lothian began providing support for the Aberdeen, Grampian and Highlands and Islands on-call and suspicious deaths due to the lack of forensic pathologists in Aberdeen to conduct double doctor forensic postmortems there.

Notwithstanding this additional workload, the numbers of examinations carried out by NHS Lothian are within the agreed maximum annual volume of post mortems and the agreed safe working level for a full-time pathologist in Scotland.

COPFS is grateful to NHS Lothian for their continued support and for ensuring continuity of these essential services whilst NHS Grampian develops a new local service in Aberdeen.

NHS Grampian has provided COPFS with a commitment to implement a forensic pathology service in Aberdeen, including the recruitment of full-time forensic pathologists, and COPFS is supporting that process.

It is however a matter for NHS Grampian to recruit forensic pathologists to provide the services.

The reimplementation of a forensic pathology service in Aberdeen may allow one of the forensic pathologist training posts to be filled there, improving the potential for sustainable forensic services in Aberdeen and Scotland.

Scottish Government officials have worked closely with UK Government counterparts to demonstrate the challenges that are faced by all stakeholders in the process.

The proposals contained in the consultation are a result of the evidence gathered and set out current thinking, as we seek to gather views and evidence on the reform proposals.

The proposed reforms are about making the determination process more efficient, not less robust. Environmental assessment standards will remain unchanged. Scottish Ministers will continue to determine each proposal on a case-by-case basis, following review of the application information, consultation responses and representations made by members of the public.

It is disappointing that there had been no prior indication of this change to Inheritance Tax or engagement with the Scottish Government given that Scotland will be hit by the proposed changes brought in by the UK Government.