External legal advice incurred relating to Referendum: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
1) The cost of all external legal advice incurred by the Scottish Government producing the Lord Advocate’s written case to the Supreme Court on the question of whether a referendum on Scottish independence relates to reserved matters.
2) If possible, the lawyers/firms in receipt of the funds the Scottish Government provided for this external legal advice.
Response
1) The cost of all external legal advice incurred by the Scottish Government producing the Lord Advocate’s written case to the Supreme Court on the question of whether a referendum on Scottish independence relates to reserved matters.
As of 28 June 2022, the Scottish Government has spent £27,193.84 on external counsel advising on the referral to the Supreme Court.
As set out in our response to PQ S6W-09691 (available at S6W-09691 | Scottish Parliament Website), the Scottish Government intends to proactively publish information about the costs of the litigation. Accordingly, an exemption under Section 27 (information intended for future publication) applies to some of the information you have requested. This exemption allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks. The reasons why this exemption applies are set out in Annex B.
2) If possible, the lawyers/firms in receipt of the funds the Scottish Government provided for this external legal advice.
While our aim is to provide information whenever possible, in this instance an exemption under section 25(1) (otherwise accessible) applies to the information requested. Under FOISA, we do not need to provide information that is already otherwise accessible to the requester. However, in the interests of being helpful in this case, you can view the Lord Advocate’s written case, which has the names of the relevant legal advisors: https://www.gov.scot/publications/reference-to-the-supreme-court-publication-ofthe-lord-advocates-written-case/
About FOI
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.
Contact
Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG
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