- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 09 December 2025
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Current Status:
Answered by Siobhian Brown on 6 January 2026
To ask the Scottish Government, regarding the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, when it will publish the statutory review of qualified one-way costs shifting (QOCS), which it is required to undertake “as soon as practicable after the end of the 5-year period", which was 5 June 2023.
Answer
Under section 23 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, Scottish Ministers must review the operation of Parts 1 to 3 and report to the Scottish Parliament as soon as practicable after the end of the five-year period following Royal Assent. The intention behind this period was to allow sufficient time for those Parts to be fully in force and operating as intended before the review took place.
While some sections came into force on Royal Assent and others shortly thereafter, implementation of Qualified One-Way Costs Shifting (QOCS)—which sits within Part 2 —required detailed court rules. Work on these rules was delayed because urgent rule changes were needed to keep courts operating under COVID-19 restrictions. As a result, QOCS did not come into effect until June 2021.
The Act specifies that the review must include information on the effect of QOCS on access to justice and the administration of the courts. To provide a meaningful assessment based on robust and meaningful data, the review will therefore focus on five years of actual operation rather than five years from Royal Assent. This approach reflects the original policy intention.
The Scottish Government will publish the review once sufficient evidence has been gathered and analysed. This will be after QOCS has operated for five years, ensuring the review reflects its practical effects on access to justice and court administration.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 09 December 2025
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Current Status:
Answered by Siobhian Brown on 6 January 2026
To ask the Scottish Government, regarding the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, what work has been undertaken to date in relation to the statutory review of qualified one-way costs shifting (QOCS), including any (a) analysis, (b) internal correspondence and (c) scoping exercises since June 2023.
Answer
I refer the member to the answer to question S6W-42458 on 6 January 2026. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 09 December 2025
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Current Status:
Answered by Siobhian Brown on 6 January 2026
To ask the Scottish Government, regarding the Civil Litigation (Expenses and Group
Proceedings) (Scotland) Act 2018, which Minister or directorate has
responsibility for progressing the statutory review of qualified one-way costs
shifting (QOCS), and what oversight arrangements are in place to ensure that it
is completed.
Answer
The statutory review of qualified one-way costs shifting (QOCS), as provided for under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, falls under the portfolio of the Minister for Victims and Community Safety, who has responsibility for civil law policy.
Operational responsibility sits with the Directorate for Justice – Civil Law and Legal System Division within the Scottish Government. Oversight arrangements include internal governance through the Justice Directorate’s policy teams and senior officials to ensure the review is completed in line with statutory requirements.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 09 December 2025
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Current Status:
Answered by Siobhian Brown on 6 January 2026
To ask the Scottish Government, regarding the Civil Litigation (Expenses and Group
Proceedings) (Scotland) Act 2018, whether it has undertaken any consultation or
engagement with the legal profession as part of the statutory review of
qualified one-way costs shifting (QOCS), and, if so, which organisations or
stakeholders have been consulted.
Answer
I refer the member to the answer to question S6W-42458 on 6 January 2026. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 09 December 2025
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Current Status:
Answered by Siobhian Brown on 6 January 2026
To ask the Scottish Government, regarding the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, for what reason the statutory review of the qualified one-way costs shifting (QOCS), which the Scottish Government is required to complete “as soon as practicable” after 5 June 2023, has not yet been published.
Answer
I refer the member to the answer to question S6W-42458 on 6 January 2026. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Friday, 12 December 2025
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Current Status:
Answered by Angela Constance on 5 January 2026
To ask the Scottish Government whether any civil servant or special adviser provided advice to the Cabinet Secretary for Justice and Home Affairs recommending that she correct or clarify the parliamentary record following the letter sent to her by Professor Alexis Jay on 26 September 2025.
Answer
As already noted in my 11 December response to the member’s previous question (S6W-42117), following Professor Alexis Jay’s letter of 26 September, Scottish Government officials contacted Professor Alexis Jay about this matter. As Professor Jay’s request was for clarification of the quote by providing additional context, it was agreed that it would be minuted at the Child Sexual Abuse and Exploitation Strategic Group’s meeting on 8 October that the quote was correct, but was from January and not made specifically in relation to the amendment or the Victims Bill.
I considered these steps satisfactory when advised on 7 October by Scottish Government officials, noting that Professor Jay was content with this approach as it put her position on the public record via publication of the meeting minutes on the Scottish Government’s website.
I subsequently wrote to the editor of the Official Report on 17 December with a request to update the parliamentary record to clarify the context of Professor Jay’s quote. I was advised that the proposed change could not be made under the Official Report’s remit or the members’ correction procedure.
To ensure that the correction I sought was made widely known, I made two Points of Order, and wrote a letter to the Presiding Officer, which was copied to business managers and members who are not represented in the Parliamentary Bureau. I also placed a copy of this letter in SPICe.
All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Friday, 12 December 2025
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Current Status:
Answered by Angela Constance on 5 January 2026
To ask the Scottish Government whether any special adviser provided advice or guidance on how the Scottish Government should handle or respond to the concerns raised by Professor Alexis Jay on 26 September 2025, including any recommendation regarding whether the parliamentary record should be corrected.
Answer
I refer the member to the answer to question S6W-42557 on 5 January 2026. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Friday, 12 December 2025
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Current Status:
Answered by Angela Constance on 5 January 2026
To ask the Scottish Government for what reason the Serious Organised Crime Taskforce does not maintain a formal risk register, and whether it plans to introduce one.
Answer
The Serious Organised Crime Taskforce (SOCT) exists to bring together a range of organisations and sectors to promote the aims and objectives of the SOC Strategy through partnership working. It has no operational or tasking function, and its priorities are informed by partners’ intelligence assessments.
There are currently no plans to introduce a risk register for the SOCT.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Friday, 12 December 2025
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Current Status:
Answered by Angela Constance on 5 January 2026
To ask the Scottish Government whether the Cabinet Secretary for Justice and Home Affairs personally approved the decision to clarify Professor Alexis Jay’s position solely within the minute of the National Child Sexual Abuse and Exploitation Strategic Group meeting of 8 October 2025, and for what reason this clarification was not made to the Parliament.
Answer
I refer the member to the answer to question S6W-42557 on 5 January 2026. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 26 November 2025
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Current Status:
Answered by Angela Constance on 11 December 2025
To ask the Scottish Government, regarding reports that Professor Alexis Jay's comments on grooming gang inquiries were misrepresented during a debate on the Victims, Witnesses, and Justice Reform (Scotland) Bill on 16 September 2025, when it first received correspondence from Professor Alexis Jay or her representatives relating to the accuracy of comments made about her views.
Answer
I refer the member to the answer to question S6W-42117 on 11 December 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.