This item was published during the term of a previous administration that ended in April 2007
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Holyrood project
08/10/2004
The Crown Office and Procurator Fiscal Service today confirmed that there is no basis for instructing a criminal investigation into procurement decisions taken as part of the Holyrood project.
A spokesperson said:
"Following receipt of requests to conduct a police investigation into aspects of the Holyrood project, the Chief Constable of Lothian and Borders Police sought instructions from the Area Procurator Fiscal.
"The Chief Constable of Lothian and Borders Police had previously referred similar correspondence to the Procurator Fiscal, prior to the publication of Lord Fraser's report.
"The Area Procurator Fiscal had decided, in relation to this previous correspondence, that there was no basis on which to instruct any criminal investigation.
"On receipt of this latest correspondence, the Area Procurator Fiscal referred the matter to Crown Counsel, who act independently, for their instructions.
"Crown Counsel have concluded that there is no basis for instructing a police investigation. Crown Counsel are satisfied that, in the absence of any evidence to support an inference of criminality, there is no basis for a police investigation into whether or not EU or domestic procurement law had been breached.
"The Area Procurator Fiscal has notified the complainers in writing of this decision."
The Procurator Fiscal in Scotland is responsible for the investigation of crime and the police conduct investigations on his behalf.
On receipt of the latest correspondence the Procurator Fiscal sought Crown Counsel's instructions because one of the complainers claimed that, as a member of the Crown Office and Procurator Fiscal Service, the Area Procurator Fiscal was not a disinterested party since the now Chief Executive of the Crown Office and Procurator Fiscal Service was involved in the Holyrood project. In fact, the Crown Office and Procurator Fiscal Service has robust procedures in place to ensure that any member of staff with an interest in any matter referred to the Procurator Fiscal is not involved in the decision making process and does not have access to any relevant papers. In addition, the Chief Executive is not in any event involved in operational decisions.
Crown Counsel reach their decisions independently.