Question to the Department for International Trade:

To ask the Secretary of State for International Trade, whether (a) legal costs and (b) compensatory payments resulting from investor-state dispute settlement claims relating to acts by the Scottish Government would be passed on to the Scottish Government; and if she will make a statement.

The United Kingdom has never been successfully taken to tribunal under her over 90 bilateral investment treaties, nor as a party to the Energy Charter Treaty. HM Government has a strong record of creating an open environment for both domestic and foreign investors, and treating them fairly. We will continue to do so.

The Memorandum of Understanding between the HM Government and devolved administrations across the country continues to apply. The Memorandum sets out that a devolved administration would only be responsible for the payment of legal costs or awards made by the tribunal to the extent that they arise from its failure to implement or enforce an obligation.