To ask the Scottish Government what role the finance secretary has in authorising any continued expenditure of public bodies that incur substantial legal costs, including those covered by the clinical negligence and other risks indemnity scheme. (S6O-04876)

Public bodies, including those covered by the clinical negligence and other risks indemnity scheme, are responsible for making their own decisions, including those regarding expenditure and ensuring compliance with the requirements of the Scottish public finance manual, which is issued by Scottish ministers. Whether to pursue, defend or concede any legal claim is therefore a decision for the public body in question.

Media reports of the NHS Fife tribunal highlight the escalating legal costs that will ultimately come from Scotland’s national health service budget, and Scottish Borders Council recently lost a judicial review over a primary school’s failure to provide single-sex toilets for pupils. Will the Minister confirm whether he will look into that issue? All recipients of public funding, including local authorities, the third sector and public bodies such as the NHS and its central legal office, should surely be fully compliant with the Supreme Court judgment in For Women Scotland Ltd v the Scottish Ministers. Is the minister considering taking any action against those who fall short of the standards of lawful accountability for public finances? I am sure that the public would rightly expect that.

It would, of course, be inappropriate for me or for other Scottish Government ministers to intervene in or comment on on-going legal cases. That maintains the independence of the legal process.

As Ash Regan is aware, the scheme that we have referred to is set up to share risk across a range of organisations in order to minimise the impact from any specific case. It is important to note that the Scottish Government does not provide public authorities with legal advice and that it is up to each public authority to take its own independent legal advice. It is also important to recognise that the membership of the scheme is mandatory for all NHS Scotland health boards and that the costs of the Majority of NHS Scotland’s legal cases are met by the scheme.