ETI-23 Under Consideration

Criminal Sanctions for Misleading Information

Edinburgh Tram Inquiry · Edinburgh Tram Inquiry Report · Issued 12 September 2023 · Addressed to: Scottish Government

Source — verbatim from the inquiry

Inquiry recommendation

In addition to civil liability from any sanction introduced in accordance with Recommendation 22, Scottish Ministers should consider whether there is need for a statutory criminal offence involving strict liability once it is established that information or reports were misleading by reason of false statements or omission of relevant facts.

Edinburgh Tram Inquiry, Edinburgh Tram Inquiry Report · 12 Sep 2023 Source PDF →

Published evidence summary

Publicly available evidence relating to this recommendation:

- In November 2023, the Scottish Government stated it was "giving careful consideration" to the recommendations about criminal statutory offences for misleading evidence, noting that existing remedies may already exist (Transport Secretary Statement on Edinburgh Tram Inquiry Report, Scottish Government, 2 November 2023).
- No published decision on whether to introduce a statutory criminal offence of strict liability for submitting misleading information or reports has been identified to March 2026.

Response — verbatim from government

Scottish Government

The Scottish Government stated it is 'giving careful consideration' to recommendations about civil damages provisions and criminal statutory offences for misleading evidence. The Government noted that existing remedies may already exist under delictual liability and fraud law. Source: Transport Secretary Statement, 2 November 2023.

Scottish Government · 2 Nov 2023 Written response →

Evidence trail — what's actually happened since

No published activity has been recorded against this recommendation yet.

Each entry above links to a primary source — gov.uk written statement, consultation response document, or inspection report. The Index does not characterise government intent; it tracks what has been published.

How this page is built

Source and Response are verbatim from primary documents. The Evidence trail records published activity since — written statements, consultation outcomes, inspection findings, parliamentary references. The Index does not paraphrase or characterise intent; it tracks what has been published. Where the evidence is the absence of action (a missed deadline, a slipped timetable), that absence is documented from primary sources rather than inferred.

This recommendation's data is verified periodically against primary sources. The Index is monitored for staleness weekly.