Public sector procurement rules query: FOI release

Information requested

At the end of September 2025, the Office of the United Nations High Commissioner for Human Rights added a number of companies to its blacklist of companies conducting business in the Palestinian territories occupied by Israel.

Please confirm how the rules governing public sector procurement undertaken in Scotland have been updated to ensure that no companies included on the 'blacklist' are allowed to prequalify, tender or be awarded any contract.

Response

1. The Scottish Government does not hold the information you have asked for, because the rules governing public sector procurement undertaken in Scotland have not changed as a result of the developments you highlight. As such, I hereby provide you with formal notice, under section 17(1) of FOISA, that the Scottish Government does not have the information you have requested.

2. It may, however, be helpful for me to explain that Scottish public procurement laws already permit public bodies to exclude bidders from the procurement process in defined circumstances, including when the bidder has been guilty of grave professional misconduct. Updated guidance for public bodies that reminds them of the options available to them when dealing with bidders which may be involved in activities which constitute grave professional misconduct was published via Scottish Procurement Policy Note (SPPN) 3/2026 in February 2026. This information is available on the Scottish Government website. Under Section 25(1) of FOISA, we do not have to provide information that is already reasonably accessible to you, however a link to this SPPN can be found here. If you are unable to access this information from the link provided please contact me again and I will send you a paper copy.

3. To summarise, the SPPN provides public bodies with guidance on the options available to them for dealing with bidders which may be involved, whether directly or through their supply chains, in activities which constitute grave professional misconduct. Grave professional misconduct can include, but is not limited to: the exploitation of assets in illegal settlements, not respecting human rights, or acting in a manner through action, inaction or through business relationships, which may have an adverse impact on, or infringement of, human rights. The Scottish Government strongly discourages trade and investment from illegal settlements. A company’s involvement in the exploitation of assets in illegal settlements (irrespective of where that company is registered) would likely be regarded as constituting “grave professional misconduct” for the purposes of procurement law. Where evidence of this exists, public bodies may decide to exclude a company from a public procurement exercise. SPPN 3/2026 reminds public bodies that the former Minister for Business wrote to them to draw their attention to the UN Database of companies active in listed activity of the Occupied Palestinian Territory. The letter advised that public bodies should consider the UN Database as part of their human rights due diligence processes. This database was published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) and sets out the companies which it says it has reasonable grounds to believe are active in listed activity in the Occupied Palestinian Territory. However, a company’s presence on this database on its own is not likely to be sufficient grounds to exclude that company from a procurement procedure. Public bodies should also consider other sources of evidence when conducting due diligence.

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