Costs incurred relating to the Sheku Bayoh Public Inquiry: FOI release

Information requested

You asked for a fully itemised breakdown of all expenditure incurred in relation to the Sheku Bayoh Public Inquiry, including:

• a comprehensive disaggregation of costs under all relevant heads of expenditure, including but not limited to: staffing, legal representation and counsel fees, venue hire, expert reports, security, administration, IT systems and support, accommodation, transport, and any other associated or ancillary costs;
• for each financial year from the establishment of the Inquiry to the present date, the total expenditure per category, together with any available internal accounting or budgetary documentation that records, supports, or explains these sums;
• both actual expenditure and any revised or final cost projections held by the Scottish Government in relation to the Inquiry

Response

While our aim is to provide information whenever possible, this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. Public inquiries operate independently of government, and all matters relating to their operation are the responsibility of the Chair, who has a statutory duty to avoid unnecessary costs. Although the Scottish Government provides funding, decisions on expenditure are made by the Chair, not Scottish Ministers, and payments are processed by Inquiry staff. The Scottish Government does not have access to details of fees claimed or amounts paid for different services by the Inquiry.

Some of the information you have requested is available online from the Sheku Bayoh Public Inquiry website and the Scottish Parliament website. 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 websites listed below, then please contact me again and I will send you a paper copy.

As the Public Inquiry is independent of Ministers, the publication of information relating to costs is handled by each inquiry individually. The Sheku Bayoh Public Inquiry publishes its costs on a quarterly basis on its website: https://www.shekubayohinquiry.scot/inquiry-costs

The Scottish Parliament’s former Finance and Public Audit Committee examined the cost-effectiveness of Scottish public inquiries. As part of its work, the Committee wrote to the Chairs of each inquiry requesting a detailed breakdown of costs. Lord Bracadale, former Chair of the Sheku Bayoh Inquiry, responded on behalf of the Inquiry. His response is available here: https://www.parliament.scot/chamber-and-committees/committees/current-and-previouscommittees/session-6-finance-and-public-administration-mittee/correspondence/2025/costeffectiveness-of-scottish-public-inquiries-letter-from-sheku-bayoh-inquiry-of-22-may-2025

The Sheku Bayoh Public Inquiry prepares budget estimates to support forward‑looking financial planning; however, any information relating to projected future costs of the Inquiry is exempt from disclosure under section 37(1)(b)(ii) of the Freedom of Information Act. This exemption applies to information that is created by a person conducting an inquiry for the purposes of that inquiry. In this case, any forward-looking cost projections have been prepared specifically to support the management, planning and conduct of the Inquiry process itself. Disclosure of such material would risk undermining the effective operation of the Inquiry by revealing internal assumptions, evolving estimates and resource planning considerations that are inherently provisional and subject to change.

The exemption at section 37 is a qualified exemption and has therefore been considered in line with the public interest test. We recognise the general public interest in transparency, accountability and the responsible use of public funds, particularly in relation to inquiries funded from the public purse.

However, there is a stronger public interest in ensuring that inquiries are able to operate independently and effectively, including retaining a safe space to develop internal planning information without external pressure or misinterpretation of incomplete or speculative projections. Premature disclosure of such estimates could lead to confusion or misrepresentation, potentially impacting the Inquiry’s work. On balance, the public interest favours maintaining the exemption in this instance.

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.