Chamber and committees

Internal legal costs are not available because in line with usual practice, details of individual tasks carried out by civil servants, including the number of hours spent on them, are not routinely recorded because there is no business need to do this.

The legal costs in defending and settling the Judicial Review brought by Mr Salmond in 2018 are published on the Scottish Government website.

The costs of legal services regarding the former First Minister’s judicial review are published at: Costs of legal services regarding former First Minister's judicial review: FOI release - gov.scot (www.gov.scot).

The costs of the settlement in respect of the former First Minister’s legal fees in the Judicial Review are published at: Former First Minister Legal fees: FOI release - gov.scot (www.gov.scot).

As the action brought by Mr Salmond against the Scottish Government is live litigation, we are not able to publish the Scottish Government’s legal costs at this stage. We will publish this information in due course.

Following the general election, I wrote to the Secretary of State for Scotland, Ian Murray MP, requesting renewal of the agreement to the devolution of the necessary powers for a Building Safety Levy in Scotland that was in place with the previous UK Government.

An affirmative response to this letter was received on 27 August 2024 and arrangements are now being made for the necessary legislative procedures to take place in the Scottish and UK Parliaments to progress the devolution.

The Scottish Government’s 2024-25 Programme for Government announced that, subject to the devolution of powers, the Scottish Government proposes to bring forward a Bill to establish a Building Safety Levy in Scotland.

A consultation will be launched later this month to inform policy development for the proposed Bill. The levy is not expected to come into effect until April 2026 at the earliest.

Legal advice was provided to individuals in relation to the Scottish Parliament Committee on the Scottish Government Handling of Harassment Complaints. The total costs were £151,811.17 (exclusive of VAT). This information is already published at Cost to Scottish Government of its participation of recent inquiry’s: FOI release - gov.scot (www.gov.scot)

The then First Minister, Nicola Sturgeon did not consult a lawyer of any kind ahead of her evidence session at the Scottish Parliament's Committee on the Scottish Government's Handling of Harassment Complaints.

As this is an operational matter for Scottish Water, and the Scottish Government does not hold the information, I have asked them to respond. Their reply is as follows:

The Scottish Government is determined to maximise the economic opportunity for the Scottish supply chain from our offshore wind potential. We expect developers to honour their commitments set out in the Supply Chain Development Statements (SCDS). The SCDS process has been carefully designed and is managed by Crown Estate Scotland (CES). Failure by developers to deliver on their commitments can trigger remedies ranging from financial penalties to an inability to progress to a seabed lease.

The Scottish Government is determined to maximise the economic opportunity for the Scottish supply chain from our offshore wind potential.

We expect developers to honour their commitments set out in the Supply Chain Development Statements (SCDS) and a process has been carefully designed and is managed by Crown Estate Scotland (CES) to hold developers to account. Failure by developers to deliver on their commitments can trigger remedies ranging from financial penalties to an inability to progress to a seabed lease.

No policy development work on this subject was undertaken by these bodies prior to the 2024 General Election. Subsequent to the General Election, the Scottish Government has engaged with the new UK Government and has made clear that GB Energy should deliver clear benefits for the people of Scotland.

The Scotland Act 2012 introduced provisions for the UK Parliament to devolve further tax powers to the Scottish Parliament (now section 80B of the Scotland Act 1998, “Power to add new devolved taxes”).

This followed a recommendation from the Calman Commission, which stated that “we see no reason why the Scottish Parliament should not be able to legislate to create new taxes that affect the whole of Scotland uniformly and not just via local taxation, if it does so with the agreement of the whole UK Parliament”.

The specific legislative mechanism is an Order in Council which must be approved by both Houses of the UK Parliament and by the Scottish Parliament. Once approved, the Order in Council would add any new tax to the existing list of devolved taxes in the Scotland Act 1998.

Primary and secondary legislation would then be required in the Scottish Parliament for a new devolved tax to come into effect.

The Continuous Improvement Programme, which delivered the Scottish Government’s implementation of the recommendations of the Scottish Parliament Committee on the Handling of Harassment Complaints, was concluded with the agreement of the Scottish Parliament’s Finance and Public Administration Committee in January 2023, with activities absorbed into ongoing work and annual reporting thereafter. The Scottish Government provided a written update to Parliament on ongoing actions on 17 May 2024, ahead of the Permanent Secretary giving evidence to the Committee on 21 May 2024.

The Scottish Government set out in June 2021 our plan for implementing the recommendations of James Hamilton’s report, alongside the recommendations of the reports by Laura Dunlop QC and the Scottish Parliament Committee on the Handling of Harassment Complaints. Implementation was delivered through the Continuous Improvement Programme, which was reported regularly to the Scottish Parliament’s Finance and Public Administration Committee. The final report on the Continuous Improvement Programme was provided in January 2023, and with the agreement of the Committee the programme was then concluded and activities absorbed into ongoing work.