Fracking court battle cost Scottish government £175k

Nicola Sturgeon spoke of a fracking ban in 2017. (Photo by Jeff J Mitchell/Getty Images)
Nicola Sturgeon spoke of a fracking ban in 2017. (Photo by Jeff J Mitchell/Getty Images)
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A legal challenge by a petrochemicals firm over an effective ban on fracking cost the Scottish Government around £175,000, according to figures obtained via a Freedom of Information (FOI) request.

Ministers were taken to court last year by Ineos and Aberdeen firm ReachCSG, who were seeking a judicial review of the government’s preferred policy position of not supporting unconventional oil and gas development.

Following the hearing, a judge ruled that as a matter of law there is no prohibition against fracking in Scotland.

That was in contrast to Nicola Sturgeon’s comments in Holyrood in October 2017 after the government had stated its moratorium outlawing the practice would be permanently extended.

Ms Sturgeon declared at the time: “Fracking is being banned in Scotland, end of story. There will be no fracking in Scotland. I don’t think that position could be any clearer.”

The Court of Session ruled while there had been “ministerial statements to the effect that there is an effective ban”, the Government had accepted this “did not accurately reflect the legal position”.

According to a FoI request by the Scottish Conservatives, the total cost incurred by the Government to pay for external legal advice for the case amounted to £173,928.

An extra £1,200 was spent on court fees. Scottish Tories energy spokesman Alexander Burnett accused the Government of blowing public money on an “entirely avoidable” case. He said: “The SNP deliberately misled the people of Scotland by saying there was a fracking ban – something even its own lawyers admitted was a nonsense.”