Question reference: S5W-33678
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
- Date lodged: 2 December 2020
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Current status: Answered by Kate Forbes on 7 December 2020
Question
To ask the Scottish Government whether any formal Ministerial Direction was issued in relation to its legal position in the case of Alex Salmond vs Leslie Evans & Scottish Ministers.
Answer
The Principal Accountable Officer for the Scottish Administration (the Permanent Secretary) and Accountable Officers designated by them for parts of the Scottish Administration are under a statutory duty to obtain written authority (sometimes called Ministerial Direction) from the relevant Minister where they consider that any action they are required to take would be inconsistent with their responsibilities. These responsibilities include ensuring financial propriety and regularity and ensuring that relevant resources are used economically, efficiently and effectively (i.e. value for money).
With respect to its legal position in the case of Alex Salmond vs Leslie Evans & Scottish Ministers, no such written authority was requested by Accountable Officers or the Principle Accountable Officer.