The Advocate General for Scotland is not investigating the Scottish Government’s spending on independence, the PA news agency understands.
Lord Foulkes claimed in the House of Lords on Thursday Lord Stewart – the UK Government adviser on Scots Law – was looking into aspects of the Scottish Government’s spending.
However, it is understood this is not the case.
A spokesperson for the UK Government said: “It is up to the Scottish Government how it spends its record block grant in devolved areas.
“We have been consistently clear that we think that the priority for people in Scotland is halving inflation, tackling the NHS waiting times, ensuring energy security, and growing our economy across the whole of the UK.”
In an exchange in the Lords chamber on Thursday, Lord Foulkes said: “The Advocate General for Scotland has agreed, at my request, to instruct his officials to investigate ultra-vires expenditure by the Scottish Government.”
It is not clear why Lord Foulkes believes there to be a live investigation.
Labour peer Lord Foulkes has repeatedly raised the issue of Scottish Government spending on independence, most recently in relation to the appointment of Jamie Hepburn as minister for independence by First Minister Humza Yousaf.
The issue also raised the ire of Scottish Secretary Alister Jack, who wrote to the UK’s most senior civil servant Simon Case to complain.
In a Holyrood committee earlier this year, the head of the civil service in Scotland – John Paul Marks – defended the appointment, saying the service “serves the Scottish Government and their priorities”.
Independence Minister Jamie Hepburn MSP said: “The 2021 Scottish Parliament election returned a clear majority in favour for an independence referendum.
“Therefore there is a democratic mandate for a referendum and we are committed to giving people in Scotland the right to choose their constitutional future.
“It is the role of the Civil Service to support the elected government of the day in developing and implementing its policies. That includes with regard to constitutional reform.”
