Written Authorities information: FOI release

Information requested

You asked 'On how many occasions has written authority been sought from a minister under section 15(8) of Public Finance and Accountability (Scotland) Act 2000 by an accountable officer in any part of the Scottish administration, since 3 November 2021.

In each case, please provide:

• the relevant minister
• the date it was asked for
• whether it related to measures taken specifically related to the COVID pandemic
• if not, what the subject was whether the written authority asked for was provided if so, on what date or dates it was sent to the Auditor General and the Clerk to the Public Audit Committee.'

Response

The information you have requested regarding Written Authorities is available on the Scottish Government website.

We have published all Ministerial written authorities in the interests of ensuring full transparency and easy access to this information for the public. Details of all requests for a written authority and the subsequent authorities made since devolution are available via the following link: https://www.gov.scot/collections/written-authorities-from-scottish-ministers/#writtenauthorities1993to2024 Therefore, under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

For the 2 Written Authorities since 2021 the below linked letters evidence that these were provided to the Auditor General for Scotland and the Public Audit Committee:

https://www.parliament.scot/-/media/files/committees/public-auditcommittee/correspondence/2023/fmpg-written-authority-dgeconomy-to-pac-16-may-023.pdf

https://www.parliament.scot/-/media/files/committees/public-uditcommittee/correspondence/2024/written-authority-dg-economy-to-pac-19-dec-2024.pdf

The requirements around Written Authority are published in the Scottish Public Finance Manual (SPFM) and under section 15(8) of the PFA Act. Written Authority is requested when a policy initiative is not aligned with Accountable Officer duties. As detailed in the Accountability section of the SPFM,https://www.gov.scot/publications/scottish-public-finance-manual/accountability/accountability/, Accountable Officers should prepare an accountable officer assessment for each new proposal involving the use of public funds. These determine if a particular policy, activity or project is within the bounds of regularity, propriety, is feasible and can demonstrate value for money for the public sector as a whole, they form the basis of the Accountable Officers routine engagement with ministers. Should an Accountable Officer consider that any action they are required to take is inconsistent with the proper performance of their duties as Accountable Officer this will be discussed with ministers and an agreement will be reached on how to deliver priorities while ensuring that AO standards are met. If Ministers decide to proceed, then the Accountable Officer should seek a written authority. A written authority should only be requested once the assessments and decisions have been discussed and the Minister has confirmed they wish to proceed. I can confirm that there have been no cases where a Written Authority has been requested but not provided since 3rd November 2021.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.