You asked for the Scottish Government’s view on "Barnett formula and Baseline calculation confirmed by Westminster as having no legal basis in law", as set out in https://www.whatdotheyknow.com/request/public_accounts_committee_fundin#incoming-1420573, and whether Scotland has a case in the Scottish highest courts to overturn this fact.
The answer to your questions are:
1. What is the Scottish Government’s view on "Barnett formula and Baseline calculation confirmed by Westminster as having no legal basis in law"?
The Barnett formula is an administrative mechanism used by the Treasury to determine annual changes in the block grant allocated to Scotland, Wales and Northern Ireland, reflecting changes in spending levels allocated to public services in England, England & Wales or Great Britain, as appropriate. The formula is not enshrined in law, although it has been adopted as a convention by successive UK Governments since being developed in 1978.
2. “Has Scotland got a case in the Scottish highest courts to overturn this fact?”
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.
I have interpreted ‘Scotland’ in your request to mean the Scottish Government. While it is possible that another person, or persons, may have brought proceedings against the UK Government in relation to status of the Barnett formula, we can only respond in relation to either a case in which the Scottish Government is actively involved or one which has been intimated to the Scottish Government. The Scottish Government is not aware of any relevant court case.
This is a formal notice under section 17(1) of FOISA (information not held) that the Scottish Government does not have the information you have requested.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House
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