Amount spent on Morton Fraser MacRoberts services: FOI release

Information requested

Total amount spent by the Scottish Government on services from Morton Fraser MacRoberts with regards to services provided to:

• 1. Professor Sir Gregor Smith
• 2. Jeane Freeman
• 3. Dr Jason Leitch
• 4. Ken Thomson
• 5. Dr Audrey MacDougall

Please provide costings since 1 July 2023.

Response

We have included our response to your request below:

The Scottish Government provided appropriate levels of support to prepare witnesses for their appearance at the Inquiry in accordance with all professional obligations. This support included the provision of logistical support, reassurances about what to expect whilst giving evidence, explaining what a Public Inquiry is and how it will be run.

The Scottish Government Legal Directorate (“SGLD”) and officials within the Covid Inquiries Response Directorate provided this support to assist current and former Ministers and Officials to prepare for giving evidence to the UK Covid-19 Inquiry. SGLD out-sourced part of its work of providing legal support to witnesses to Morton Fraser MacRoberts.

The Faculty of Advocates’ Guide to Conduct makes clear that witnesses should not be coached in relation to any evidence they give. However, the prohibition does not extend to matters such as providing guidance about what a witness can expect while giving evidence, explaining what a Public Inquiry is and how it will be run and discussion of issues likely to arise in evidence to allow witnesses to give full and accurate evidence without influencing the content of their evidence.

SGLD and Morton Fraser MacRoberts on behalf of SGLD have not provided any legal advice or coaching to witnesses.

The information held by the Scottish Government on costs associated with each of the witnesses listed, as identified by Morton Fraser MacRoberts, is provided below:

Witness
Professor Sir Gregor Smith	£2700
Jeane Freeman	£2500
Dr Jason Leitch	£3234
Ken Thomson	£1180
Dr Audrey MacDougall	£918

These charges include costs related to reviewing documentation and evidence in preparation for meetings with witnesses in order to highlight potential areas of interest to the inquiry to guide the witnesses' own preparations for giving evidence without influencing the content of their evidence, coordination with SGLD with regards to setting up and preparing witness meetings and costs associated with time spent meeting with the witness.

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