Recommendation ETI-22: Civil Sanctions for Misleading Reports
From Edinburgh Tram Inquiry Report, published 19 September 2023.
Recommendation
Where a company, including an ALEO, knowingly submits a report or other information to local authority officials that is misleading by reason of the inclusion of false statements or the omission of relevant facts or where such officials knowingly submit misleading information to councillors, whether or not councillors act upon that information, the Scottish Ministers should consider whether there should be an appropriate sanction in damages against the relevant individuals within the company responsible for the false statements or omission of relevant facts, as well as against the company itself, and against the relevant local authority officials involved in misleading councillors.
In brief (written by this site)
In November 2023, Màiri McAllan, Cabinet Secretary for Transport, Net Zero and Just Transition, stated that ministers were giving "careful consideration" to the recommendation, noting the view that the civil law of delictual liability might already provide for such sanctions but confirming that they would continue to consider the matter (Màiri McAllan response, Nov 2023). The record holds no update since the Scottish Government's response of November 2023 (Màiri McAllan response, Nov 2023).
Sources
AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026. The record below is the sources' own words.
Government response
As for what the Government can do, the report recommended to us the development of specific sanctions under the civil law of damages, and made a call for a criminal statutory offence. We are giving careful consideration to both those recommendations. Our current view is that there might already be provision for such developments under the civil law of delictual liability and the criminal common law of fraud, but we will continue to consider the matter.
How this response relates to the recommendation
Site note: This is the Cabinet Secretary's answer to a member's question after her statement to the Scottish Parliament on 2 November 2023, as recorded in the Official Report.
Site note: The source gives this passage once, for recommendations 22 and 23 together. The same words are recorded on ETI-22 and ETI-23.
Delivery
No statement on delivery from Scottish Government has been found in the sources searched (last checked 31 January 2026). This is separate from the response above.
Responsible bodies
Themes and tags
Who has spoken
- Scottish Government
Response