FOI/202600510894 · FOI · withheld
Complainer-only free transcript pilot information: FOI release
Information requested
1. Any legal advice, legal opinion, or internal legal assessment obtained by the Scottish Government assessing the compatibility of the complainer-only free transcript pilot with Article 6(1) ECHR and section 57(2) of the Scotland Act 1998.
2. Any Equality Impact Assessment (EqIA) conducted in relation to the pilot.
3. The total cost of the pilot to date and the projected annual cost.
Response
While our aim is to provide information whenever possible, we are unable to provide the information you have requested in relation to question 1 because an exemption under section 36(1) - legal advice - applies to that information. The Scottish Ministerial Code is clear that Ministers must not divulge either the source or content of legal advice, other than in exceptional circumstances.
With regard to question 2, while no formal EQIA was undertaken in advance of the pilot being introduced, the only material change in policy was in relation to how the funding of applications were to be met. Part of the ongoing review of the pilot was to better understand the reasons for why applications were being made, with applicants asked as part of the application process to voluntarily indicate why they have applied.
On question 3, I can advise that we are still to finalise the total cost of the pilot (cases are still being processed) but the projected annual cost for 2026/27 will be £185,000.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
Detected exemption language
Any legal advice, legal opinion, or internal legal assessment obtained by the Scottish Government assessing the compatibility of the complainer-only free transcript pilot with Article 6(1) ECHR and section 57(2) of the Scotland Act 1998. Response While our aim is to provide information whenever possible, we are unable to provide the information you have requested in relation to question 1 because an exemption under section 36(1) - legal advice - applies to that information.
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