- Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
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Date lodged: Thursday, 13 January 2022
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Current Status:
Answered by Ivan McKee on 27 January 2022
To ask the Scottish Government what evidence it has to support the view stated by the Minister for Business, Trade, Tourism and Enterprise, during his ministerial statement on 15 December 2021 on Dalzell Historical Industrial Transactions, that “the circumstances upon which it [the indemnity] would be called upon are unlikely to materialise”.
Answer
Liberty Steel Dalzell continues to trade. At the time of the deal, in 2016, a parent company guarantee was signed with Liberty House, which meant that, if the part of the company at Liberty Steel Dalzell ceased to exist, the liabilities would pass to the wider group.
- Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
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Date lodged: Thursday, 13 January 2022
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Current Status:
Answered by Ivan McKee on 27 January 2022
To ask the Scottish Government what its position is on whether the possible breach of state aid rules, in relation to the facilitation of the sale of the Dalzell steelworks, will damage or have any other implications for its (a) existing relationships with businesses and (b) reputation among businesses that it is considering entering into a relationship with.
Answer
The Scottish Government’s actions saved both the Dalzell steelworks and the jobs of those that work there, protecting an important component of the Scottish economy.
- Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
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Date lodged: Thursday, 13 January 2022
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Current Status:
Answered by Ivan McKee on 27 January 2022
To ask the Scottish Government, further to the comments by the Minister for Business, Trade, Tourism and Enterprise, during his ministerial statement on 15 December 2021 on Dalzell Historical Industrial Transactions, that “there is no liability to the Scottish Government”, for what reason it has redacted this information in its responses to freedom of information requests.
Answer
As stated in the responses to the Freedom of information requests the information is in the Business contracts and is commercially sensitive.
- Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
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Date lodged: Thursday, 13 January 2022
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Current Status:
Answered by Ivan McKee on 27 January 2022
To ask the Scottish Government what its response is to Tata Steel’s reported statement on 15 December 2021 that the contract it holds with the Scottish Government in relation to the Dalzell steelworks is “valid and binding in all aspects”.
Answer
Channels of communication between the Scottish Government and Tata Steel UK remain open so both parties are aware the other’s position on this commercially sensitive topic.
- Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
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Date lodged: Thursday, 13 January 2022
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Current Status:
Answered by Ivan McKee on 27 January 2022
To ask the Scottish Government whether Tata Steel provided it with an estimate of the cost of the total potential environmental remediation cost of the Dalzell steelworks upon purchasing the site in 2016.
Answer
The negotiation and agreements are commercially sensitive information.
- Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
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Date lodged: Thursday, 13 January 2022
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Current Status:
Answered by Ivan McKee on 27 January 2022
To ask the Scottish Government on what date (a) its officials first identified and (b) the Minister for Business, Trade, Tourism and Enterprise, or his predecessor, was first informed of (i) the existence of the liability in relation to the facilitation of the sale of the Dalzell steelworks and (ii) issues with this potentially breaking state aid rules.
Answer
There is no liability in relation to the facilitation of the sale of the Dalzell steelwork.
Initial advice was provided to Ministers of concern on the grounds of potentially non-compliant State aid on 17 August 2021 and Officials were asked to undertake further investigation including obtaining additional specialist advice.
I was provided with a further update on a potential issue concerning non-compliant State aid on 25 October 2021 following further investigation.
Final advice was provided to Ministers on 8 December 2021.
- Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
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Date lodged: Thursday, 13 January 2022
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Current Status:
Answered by Ivan McKee on 27 January 2022
To ask the Scottish Government whether it will reconsider its decision to redact the section on assumed liabilities of the business purchase agreement in relation to the Dalzell steelworks, as set out in the response to freedom of information request FOI/202100212787, a review of FOI/202100203997.
Answer
The original FOI request and the subsequent review were handled by the Scottish Government in compliance with its statutory obligations under the Freedom of Information (Scotland) Act 2002 (FOISA). Where any requester is dissatisfied with the outcome of a review, there is a clear statutory route by which they may appeal to the Scottish Information Commissioner, within six months. Any new request received by the Scottish Government would be considered afresh, in compliance with our obligations under FOISA.
- Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
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Date lodged: Thursday, 13 January 2022
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Current Status:
Answered by Ivan McKee on 27 January 2022
To ask the Scottish Government for what reason the previous owners, Tata Steel, have liabilities in relation to the environmental remediation costs for the site of the Dalzell steelworks, and whether this is typical for the owners of similar former sites.
Answer
The Scottish Government does not assert that Tata Steel has liabilities relating to the environmental remediation costs for the site of the Dalzell steelworks. In the majority of cases potential contaminated land is dealt with routinely through the development planning system or voluntary remediation with the responsibility and costs for carrying out site investigation and any required remediation resting with the site owner / developer.
- Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
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Date lodged: Thursday, 13 January 2022
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Current Status:
Answered by Ivan McKee on 27 January 2022
To ask the Scottish Government what legal advice it received in relation to the facilitation of the sale of the Dalzell steelworks, and whether it contained a single view or range of views on whether it complied with state aid rules.
Answer
I am unable to confirm on the basis of Section 2.38 of the Ministerial code. Ministers must not divulge either who provided the advice or its contents (whether it is from the Law Officers or from anyone else). This applies to all forms of legal advice, including advice on a particular subject or advice associated with clearance of a document.
- Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
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Date lodged: Thursday, 13 January 2022
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Current Status:
Answered by Ivan McKee on 27 January 2022
To ask the Scottish Government what proportion of the total environmental remediation cost of the Dalzell steelworks it would be liable to pay under the agreement it facilitated in 2016 in the event that (a) the site is repurposed as a result of a decision by Liberty Steel and (b) the parent company ceases to exist, and what proportion other parties would be liable for in each circumstance.
Answer
The Scottish Government is not liable for environmental remediation costs.