Seòmar agus comataidhean

I replied to the letter of 9 February from the then Secretary of State for Scotland, Alister Jack MP on 29 February 2024 in which I confirmed the commission of an expert report and the scope of that report, and that I would keep UK Government informed of planned next steps.

We do not routinely publish correspondence between Scottish Government Ministers and their UK Government counterparts.

The Scottish Government commissioned an expert report from Malcolm McMillan on the roles and functions of the Scottish Law Officers. The purpose of the report is to outline the history and development of the roles and functions of the Scottish Law Officers; describe their current roles and functions; highlight the role of Law Officers in a number of other jurisdictions; describe the constitutional context relevant to a review of the roles of the Scottish Law Officers; and provide a summary of insights and comments on the Scottish Law Officers’ roles from former and current holders of these offices and relevant officials. The work to publish the final report is in the final stages.

The remit and terms of reference will be included in the published report.

I have met the Chief Executive of the Scottish Prisons Service, the Chief Social Work Advisor, Chief Executive of the Scottish Courts and Tribunals Service and Lord President of the Court of Session on a number of occasions since 29 March 2023.

Information is set out in the following tables on meetings with each individual and a small number of ad hoc additional meetings.

Meetings with Chief Executive the Scottish Prison Service

Transport Scotland undertakes an annual assessment of the safety performance of the entire trunk road network, including the A90. Further investigations are then carried out and, where appropriate, mitigation measures are prioritised for delivery.

Whilst the Toll of Birness junction was not, itself, identified for further investigation through the 2023 annual assessment, it was agreed, following a request from the Council, to include the A90 Toll of Birness junction within an investigation being undertaken by Transport Scotland’s Operating Company for the North East, Amey.

The report is currently in draft and will be finalised in April/May 2025.

Two interactive road signs were erected in 2017 with a third interactive sign to supplement the northbound signs erected in 2021. These signs alert drivers to vehicles turning at the junction and encourage drivers to drive within the speed limit. Other work involved an additional northbound advance direction sign.

The A90 at its junction with the A952 will be programmed for resurfacing improvements in August 2025 which will see improvements to surface texture, white lining and road studs within the scheme extents.

Transport Scotland through their role as statutory consultee in the planning process continue to engage constructively around developments allocated in Aberdeenshire Council’s 2017 Local Development Plan, and the necessary mitigation measures required to offset any potential traffic impacts on the trunk road network.

The council’s Plan allocated approximately 1,200 houses within Mintlawas well as a number of smaller allocations. The Plan also allocates land for over 1,400 houses plus extensive employment in Peterhead, with a further 1,000 houses allocated in Fraserburgh, again with areas of employment land. All of these planned developments have the potential to impact on the operation of the A90(T) and A952 corridors and significantly affect the performance of the Toll of Birness junction.

At this time, through existing planning consents, Aberdeenshire Council has effectively imposed an infrastructure capacity of 200 houses across the allocated sites within Mintlaw until such a time as the Toll of Birness Junction has been upgraded.

Transport Scotland has been clear and consistent in its engagement with all parties, in that Aberdeenshire Council and/or developers will be required to fund and deliver improvements to the Toll of Birness Junction as a result of development.

You may be also be aware that Nestrans, the statutory Regional Transport Partnership (RTP) for North East Scotland, has engaged Stantec to undertake an appraisal of the A90(N) / A952 Road Corridor. This study includes identifying issues and opportunities within the transport infrastructure system and evaluating potential short to medium term road improvements on the A90 north of Ellon. The findings of this review are currently under consideration.

The final report has been received and as agreed it will now be subject to peer review. I will provide a further update on progress as soon as that has been concluded. We are committed to publishing the report and will do so once the peer review process and any further action needed has concluded.

Each year Transport Scotland, through its Operating Companies, undertakes a review of collisions on the trunk road network to identify cluster sites, or routes with recorded personal injury collisions that may be worthwhile of further investigation.

Whilst the Toll of Birness junction was not, itself, identified for further investigation through the 2023 annual assessment, it was agreed, following a request from the Council, to include the A90 Toll of Birness junction within an investigation being undertaken by Transport Scotland’s Operating Company for the North East, Amey.

The scope of Amey’s investigation covers an accident, investigation and prevention study of the A90 from its junction with the A952 at the Toll of Birness to the junction to the A975 south of Longhaven.

An Accident Investigation and Prevention Report shall set out;

(a) Nature and cause of accidents, and

(b) Propose remedial work to help remove identified causes of and prevent accidents occurring again.

The proposed remedial work shall be backed by relevant evidence showing an expected accident reduction factor for that type of mitigation measure.

The report is currently in draft and will be completed by Amey in April/May 2025. There are no plans to publish the study.

The process for agreeing fees for undertaking such works are set out within the NMC Contract where Ordered works are submitted and agreed between the two parties at pre-agreed rates. The relevant rates and prices shall be used with estimated quantities to develop the Estimated Bid Value.

Any further design or construction work recommended within the report will be included in Transport Scotland’s Trunk Road Casualty Reduction programme of works and will be subject to available funding and competing priorities.

Transport Scotland is a statutory consultee in the planning process and continues to engage constructively with both developers and/or their agents around developments allocated in Aberdeenshire Council’s 2017 Local Development Plan, and the necessary mitigation measures required to offset any potential traffic impacts on the trunk road network.

The Council’s Plan allocated approximately 1,200 houses within Mintlaw, as well as a number of smaller allocations. The Plan also allocates land for over 1,400 houses plus extensive employment in Peterhead, with a further 1,000 houses allocated in Fraserburgh, again with areas of employment land. All of these planned developments have the potential to impact on the operation of the A90(T) and A952 corridors, and significantly affect the performance of the Toll of Birness junction.

At this time, through existing planning conditions, Aberdeenshire Council has effectively imposed an infrastructure capacity of 200 houses across the allocated sites within Mintlaw until such a time as the Toll of Birness Junction has been upgraded.

Transport Scotland has been clear and consistent in its engagement with all parties, in that Aberdeenshire Council and/or developers will be required to fund and deliver improvements to the Toll of Birness Junction as a result of development.

Nestrans commissioned a separate appraisal of the A90(N) / A952 Road Corridor. This study includes identifying issues and opportunities within the transport infrastructure system and evaluating potential short to medium term road improvements on the A90 north of Ellon.

The Scottish Law Officers are not members of the Scottish Cabinet. Consistent with long standing practice, the Lord Advocate (or, in their absence, the Solicitor General) attends Cabinet meetings whenever it is required. In practice this means when Cabinet is discussing a matter with a legal aspect, or to represent their own Ministerial interest, in particular as head of the systems of criminal prosecution and investigation of deaths in Scotland.

The following table sets out, for each of the previous 10 years, the number of occasions on which the Scottish Law Officers have attended meetings of the Scottish Cabinet.

COPFS does not hold records of arrests: not all persons who are arrested by the police are subsequently reported to Procurator Fiscal.

The following table shows the number of charges, not accused persons, reported to COPFS under the Protection of Workers (Retail and Age-Restricted Goods and Services) (Scotland) 2021 section 1 or any charge with an Enforcing Statutory Age Restriction aggravation. It is highlighted that the figures for the year 2021- 22 start from 24 August 2021. Under further explanation that some prosecutions may be taken against an accused where the specific statutory charge is not prosecuted however some of the libel in the charge might have been included.