Seòmar agus comataidhean

I refer the member to the answer to question S6W-34203 on 27 February 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

As Scottish Government functions have increased and matured, the volume and complexity of outsourced work has also evolved. This work is procured and we are now utilising the third iteration of a framework providing Legal Services to the Scottish Government and the wider public sector. The figures provided in the table set out how much the Scottish Government has spent through those frameworks and the breakdown of costs to each legal firm. We do not centrally gather information on the department spend as there is no business requirement to do. We have interpreted the question as legal costs incurred for outsourced legal work.

The Scottish Government has spent the following amount in relation to judicial reviews. We are unable to provide a breakdown by case name due to GDPR considerations. Some case names will be in the public domain because the judgments have been published with the full name. However, some cases have been name anonymised and others will not be in the public domain due to being disposed of without a judgment.

Food Standards Scotland has a Food and Health Research Programme, which has a limited budget for procuring research across our entire food safety and dietary health remit; therefore our ability to fully explore the potential of AI in the delivery of our work has been restricted as a result of other priorities and lack of funding. However, through our Strategy and Corporate Plan we have committed to the delivery of a dedicated digital and data strategy, and plans for transforming food law delivery through our Scottish Authorities Food Enforcement Re-build (SAFER) programme, which intends to leverage data and intelligence to provide a greater focus on the enforcement of higher risk establishments. As part of the SAFER programme, we are currently in the process of building digital platforms that will strengthen the robustness of food law inspection data that we collect from the 32 Local Authorities in Scotland, with the aim of using this to develop AI tools that help us to design inspection regimes that are targeted to risk and optimise resources.

Alongside this work, our scientists engage with UK Research and Innovation, across Scottish and UK Governments, with international food regulators and the scientific community to keep abreast of developments in AI, and its potential applications in food law enforcement. We also collaborate with our counterparts in the Food Standards Agency (FSA) on the development of surveillance systems which help us to identify and prioritise risks at UK level (see: Horizon Scanning | Food Standards Scotland and Strategic surveillance and data | Food Standards Agency) and digital tools which support the detection and investigation of outbreaks of foodborne illness (Pathogen Surveillance in Agriculture, Food and Environment (PATH-SAFE) Programme | Food Standards Agency). To support our own work through SAFER, we are also keeping a watching brief on proof of concept work that FSA has been taking forward to explore the use of AI in the inspection of food businesses (FSA: Developing an AI-based Proof of Concept that prioritises businesses for food hygiene inspections while ensuring the ethical and responsible use of AI - GOV.UK), although these applications are still at the development stage.

Food Standards Scotland is not responsible for investigating local incidents of foodborne illness which are potentially linked to restaurants and takeaway outlets. Investigations of sporadic cases of gastrointestinal illnesses, including those suspected to have been caused by food, are led by NHS Health Boards with support from the relevant environmental health departments, which have responsibility for taking appropriate action where a particular food business may be implicated. FSS will become involved in the investigation of these incidents when they involve meat processing businesses for which FSS is the enforcing authority, in circumstances where the implicated food has been distributed across a number of Local Authority areas, or when there has been an outbreak of illness (multiple cases of foodborne illness) which has extended nationally or has the potential to result in a serious public health risk. Where a national outbreak is detected a multi-agency response may be convened through an incident management team involving Public Health Scotland (PHS) and NHS Health Boards (which lead the epidemiological investigations), and Local Authorities and FSS (which lead the food chain investigations). In this situation FSS will ensure the traceability of implicated products and support Local Authorities in their enquiries and sampling activities aimed at identifying the source of the outbreak.

Further information on the management of outbreaks of foodborne illness in Scotland can be found in the guidance document which has been developed by FSS and PHS through the Public Health Protection Network (SHPN); in collaboration with experts from local authorities, Health Boards, Clinical Reference Laboratories, and Public Analyst Scientific Services: Guidance on the management of outbreaks of foodborne illness in Scotland | Food Standards Scotland

Food Business Operators are required to comply with food and feed law which sets the minimum legal requirements to ensure food and feed are safe. As the central competent authority FSS provide statutory guidance for other enforcement authorities and directly regulates meat plants. FSS has an audit programme of Official Controls which is risk-based and where there is non compliance the frequency of audit will increase until a food business is compliant. The FSS Annual Report and Account, the FSS Strategy and Corporate Plan also provide information on FSS activities with regards to food and feed safety compliance.

As a regulator FSS delivers its statutory functions to deliver Official Controls (OC) for the foods it is Competent Authority (CA) for. Food Standards Scotland (FSS) undertake risk-based l audits in meat plants with frequency of audit informed by compliance levels of the business.

FSS have a primary responsibility to monitor the performance of, and promote best practice by, enforcement authorities enforcing food legislation in Scotland where compliance does not meet legal requirements

The overarching aim is to provide assurance that the delivery of official controls for food and feed is compliant with Scottish and UK legal requirements and official guidance.

The audit programme is risk-based, and all reports are published. 

https://www.foodstandards.gov.scot/business-and-industry/safety-and-regulation/audit-and-monitoring

The following table provides the detail of Local Authority enforcement actions that have resulted in business closure. The data relates to the use of Hygiene Emergency Prohibition Notices, Hygiene Emergency Prohibition Orders and Voluntary Closures.

The Food Information to Consumers Regulation 1169/2011 sets mandatory food labelling requirements such as a list of ingredients, allergen information and that information must be accurate and not mislead the consumer, which apply to most prepacked foods including plant-based foods. Food Standards Scotland (FSS) recognises that plant-based foods have become more popular recently and are therefore considering the need for updating guidance to support labelling practices in this area.

Where plant-based and alternative protein products fall under the Regulated products remit, they will go through rigorous pre-market safety and risk analysis before sale in Scotland and across GB. The results of this analysis will inform FSS' risk management recommendations to Scottish Ministers, which may include additional labelling requirements for these products.

FSS is a non ministerial office and is therefore directly accountable to Parliament and not to Ministers. FSS oversight - and any assessment of effectiveness -is provided by a non executive board. FSS published an Annual Report and Accounts to Parliament and a Joint Annual Report with Food Standards Agency on Food Safety in the UK. There is regular liaison between Ministers, FSS officials and the FSS chair and the Minister for Public Health and Sport and the FSS CEO have regular meetings to ensure Ministers are kept appraised of FSS activity. Parliament also has the ability to call FSS officials to give evidence with regards to FSS effectiveness.

Accountable Officers are in place to ensure that public money is used efficiently and effectively in line with guidance published in the Scottish Public Finance Manual (SPFM). The SPFM provides guidance on the proper handling and reporting of public funds.