Spend in relation to witness support: FOI release

Information requested

How much has the Scottish Government spent on training and support for witnesses for public inquiries in each of the last five years, with a breakdown by each year, and what the money was spent on?

Response

We have interpreted this request as an ask for details on Scottish Government spend in relation to training and support for Scottish Government witnesses only, such as Ministers and other Government officials.

The Scottish Government provides appropriate levels of support to prepare witnesses for their appearance at public inquires, in accordance with all professional obligations. The table below provides a breakdown of spend relating to Scottish Government witness support, by financial year, between 1 April 2020 and 31 March 2025.

	Spend 2020-2021 (£)	Spend 2021-2022 (£)	Spend 2022-2023 (£)	Spend 2023-2024 (£)	Spend 2024-2025 (£)	Total Spend (£)
Witness Support	62,480.16			72,160.21	11,364.40	146,004.77

Spend reported in the table above relates to witness support which includes, accommodation and travel expenses, well-being support and courier and postage support services for witnesses. Funds were also used to provide legal support, and, in certain cases, to allow witnesses to seek independent legal support and advice.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under section 17 (information is not held) apply to that information. This is a formal notice under section 17 of FOISA that the Scottish Government does not hold the information you have requested. The reasons why this exemption applies are explained below.

An exemption under section 17 of FOISA applies to the request for information on Scottish Government spend on support for witnesses. We have been unable to provide spend in relation to some public inquires where they have either not incurred any costs, or where witness costs are recorded but cannot be separated from other inquiry related costs which are not included in the scope of the original request.

Additionally, an exemption under section 17 applies where the Scottish Government does not record the time spent by officials or legal representatives instructed by the Scottish Government, and it is therefore not possible to provide the total spend for supporting witnesses, in these cases.

An exemption under section 17 also applies to the request for information on Scottish Government spend on “training” for witnesses. The Scottish Government does not provide any training to witnesses in the sense of legal or media training. The Faculty of Advocates’ Guide to Conduct states that witnesses must not be coached regarding the evidence they provide. However, this prohibition does not prevent offering guidance and support on what to expect when giving evidence, explaining the nature and logistics of a Public Inquiry, or discussing potential issues that may arise. Such discussions help ensure the witness can give full and accurate evidence. Any spend associated with such legal support, where available, will be reported in the table above.

These exemptions are not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption

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.