Due diligence linked to Lochaber guarantee: FOI release

Information requested

1. Any due diligence advice/opinions linked to the Lochaber guarantee?

2. Was the guarantee signed off by the Scottish Government's cabinet?

Response

1. Ahead of entering into the guarantee agreement, the Scottish Government undertook appropriate due diligence utilising external specialists. The ‘Project Golf II – Final report’ prepared by EY on the Lochaber Guarantee is published in a redacted format on the Scottish Government website - Gupta Family Group: documentation 2016 to 2020 - gov.scot (www.gov.scot).

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

2. As set out in the Scottish Ministerial Code, the Scottish Government operates on the basis of collective responsibility. This means that all decisions reached by the Scottish Ministers, individually or collectively, are binding on all members of the Government. The Lochaber Guarantee did not require specific sign-off from the Scottish Cabinet.

The Lochaber Guarantee went through the appropriate due diligence and approval processes. This included approval of the contingent liability by the Scottish Parliament through the cross-party Finance and Constitution Committee in line with the Scottish Public Finance Manual guidance.

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