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Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S4W-15088

Asked by: Patricia Ferguson, MSP for Glasgow Maryhill and Springburn, Scottish Labour
Date lodged: Thursday, 16 May 2013
Current Status: Answered by Nicola Sturgeon on 3 July 2013

To ask the Scottish Government when it received permission from the Law Officers to announce that it had received their legal advice regarding EU membership if Scotland were to become independent.

The Law Officers gave ministers permission to announce that their legal advice had been received prior to Fiona Hyslop’s confirmation on Newsnight on 15 May 2013. I also refer the member to the answers to S4W-15086 and S4W–15112 both answered on 3 July 2013. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

Question reference: S4W-15090

Asked by: Patricia Ferguson, MSP for Glasgow Maryhill and Springburn, Scottish Labour
Date lodged: Thursday, 16 May 2013
Current Status: Answered by Nicola Sturgeon on 3 July 2013

To ask the Scottish Government whether it has sought legal advice from sources other than the Law Officers regarding EU membership if Scotland were to become independent and, if so, from whom, and whether it will publish this.

The Scottish Government has already confirmed that it has obtained legal advice from the Law Officers. It has not sought legal advice from any external source. It remains entirely confident of the common sense position, supported by a number of eminent experts in EU affairs, that following a Yes vote, Scotland would notify its intent to remain a member of the EU and would negotiate the specific terms of that continued membership in the period between the referendum and the first day of independence. This position will be set out in the White Paper which, as I made clear in October 2012, will be fully consistent with legal advice.

Question reference: S4W-15087

Asked by: Patricia Ferguson, MSP for Glasgow Maryhill and Springburn, Scottish Labour
Date lodged: Thursday, 16 May 2013
Current Status: Answered by Nicola Sturgeon on 3 July 2013

To ask the Scottish Government whether it has sought the permission of the Law Officers to publish the legal advice that they have provided regarding EU membership if Scotland were to become independent.

Question reference: S4W-15086

Asked by: Patricia Ferguson, MSP for Glasgow Maryhill and Springburn, Scottish Labour
Date lodged: Thursday, 16 May 2013
Current Status: Answered by Nicola Sturgeon on 3 July 2013

To ask the Scottish Government whether it has asked the Law Officers for permission to announce that they have provided legal advice regarding EU membership if Scotland were to become independent.

Question reference: S4W-15119

Asked by: Patricia Ferguson, MSP for Glasgow Maryhill and Springburn, Scottish Labour
Date lodged: Friday, 17 May 2013
Current Status: Answered by Nicola Sturgeon on 3 July 2013

To ask the Scottish Government whether it considers that, under paragraph 2.35 of the Scottish Ministerial Code, both the existence and content of legal advice can be disclosed publicly if the Law Officers' prior consent is sought.

Question reference: S4W-15118

Asked by: Patricia Ferguson, MSP for Glasgow Maryhill and Springburn, Scottish Labour
Date lodged: Friday, 17 May 2013
Current Status: Answered by Nicola Sturgeon on 3 July 2013

To ask the Scottish Government what meetings ministers have had with the Law Officers since May 2007 to discuss the position of a separate Scotland’s potential membership of the EU, broken down by (a) date of meeting, (b) attendees and (c) what matters were discussed.

I refer the member to paragraphs 2.4 -2.9 of the Scottish Ministerial Code. Scottish Government Ministers meet with the Law Officers on a regular basis.

The content of any legal advice is confidential. By long-standing convention, successive Scottish and UK Governments have not disclosed the content of Law Officers' advice or the fact that they have or have not advised on any particular matter other than in the most exceptional circumstances.

Question reference: S4W-15115

Asked by: Patricia Ferguson, MSP for Glasgow Maryhill and Springburn, Scottish Labour
Date lodged: Friday, 17 May 2013
Current Status: Answered by Nicola Sturgeon on 3 July 2013

To ask the Scottish Government, further to Fiona Hyslop's confirming on Newsnight Scotland on 15 May 2013 that the Scottish Government has now received legal advice on a separate Scotland's position in the EU, whether it considers that the Scottish people have the right to read the legal opinion in full before the referendum and what the reasons are for its position on this matter.

Paragraphs 2.30 and 2.35 of the Ministerial Code refer to the public interest in the government ensuring that decisions are taken in a fully informed legal context and the public interest in maintaining the right of confidentiality of communications between legal advisers. I also refer the member to the answer to question S4W-15089 on 3 July 2013. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

Question reference: S4W-15117

Asked by: Patricia Ferguson, MSP for Glasgow Maryhill and Springburn, Scottish Labour
Date lodged: Friday, 17 May 2013
Current Status: Answered by Nicola Sturgeon on 3 July 2013

To ask the Scottish Government whether it will publish all correspondence between (a) ministers, (b) the Law Officers, (c) special advisers and (d) officials relating to Fiona Hyslop’s interview on Newsnight Scotland on 15 May 2013 in which she confirmed that the Scottish Government has now received legal advice on a separate Scotland's position in the EU.

Question reference: S4W-15114

Asked by: Patricia Ferguson, MSP for Glasgow Maryhill and Springburn, Scottish Labour
Date lodged: Friday, 17 May 2013
Current Status: Answered by Nicola Sturgeon on 3 July 2013

To ask the Scottish Government, further to Fiona Hyslop's confirming on Newsnight Scotland on 15 May 2013 that the Scottish Government has now received legal advice on a separate Scotland's position in the EU, whether it plans to publish the advice in full as part of its white paper on its plans to separate Scotland from the rest of the UK.

Question reference: S4W-15113

Asked by: Patricia Ferguson, MSP for Glasgow Maryhill and Springburn, Scottish Labour
Date lodged: Friday, 17 May 2013
Current Status: Answered by Nicola Sturgeon on 3 July 2013