The Advocate General for Scotland is not investigating the Scottish Government’s spending on independence, according to reports.

That's despite claims made by a Labour peer.

Lord Foulkes told members of the House of Lords on Thursday that Lord Stewart – the UK Government's senior adviser on Scots Law – was looking into aspects of the Scottish Government’s spending.

However, the PA is reporting that this is not the case.

READ MORE: George Foulkes calls on UK minister to intervene on indyref2

During the exchange in Parliament, the Cumnock Baron said: “The Advocate General for Scotland has agreed, at my request, to instruct his officials to investigate ultra-vires expenditure by the Scottish Government.”

The claims of a probe were welcomed by the Scottish Conservatives and Scottish Liberal Democrats, with both parties issuing statements.

On Thursday evening, a spokesperson for the UK Government said: “It is up to the Scottish Government how it spends its record block grant in devolved areas.

“We have been consistently clear that we think that the priority for people in Scotland is halving inflation, tackling the NHS waiting times, ensuring energy security, and growing our economy across the whole of the UK.”

However, Lord Foulkes insisted he had been told otherwise. 

Taking to Twitter, he said: "Because I have an email confirming what the Advocate General told me at the Constitution Committee and Baroness Penn confirmed they would cooperate at PQs in Lords at about 11:20 today. Easily checked!" he tweeted.

Independence Minister Jamie Hepburn said: “The 2021 Scottish Parliament election returned a clear majority in favour for an independence referendum.

“Therefore there is a democratic mandate for a referendum and we are committed to giving people in Scotland the right to choose their constitutional future.

“It is the role of the Civil Service to support the elected government of the day in developing and implementing its policies. That includes with regard to constitutional reform.”

READ MORE: Humza Yousaf: £32k independence minister 'absolutely worth it'

Scotland's most senior official has previously defended the civil service’s work on Scottish independence.

Permanent Secretary John Paul Marks told a Holyrood committee that it was for the civil service to serve the First Minister's ministerial team with impartiality.

"We serve the government of the day. 

“That includes with regards to constitutional reform, and it has been well understood under devolution for many years that the civil service in the Scottish Government serves the Scottish Government and their priorities and we provide policy advice, including the development of prospectus paper series for this government to set out its constitutional objectives."

He said the issue was "not just a theoretical debate or a strategic long-term debate, it is a here-and-now reality."

He added: "We'll continue to seek a Section 30 Order so that any referendum would always be on lawful grounds as per the last referendum in Scotland, but also recognising UK General Election in 24/25, and clearly the future of the constitution of the UK could change again, and we need to have a capability ready to respond.”

READ MORE: Questions over £32K pay for Independence Minister's 'made-up job'

Under Nicola Sturgeon, the Scottish Government began publishing a new multi-part prospectus, Building a New Scotland, in June last year, with two further parts in July and October.

A fourth was published last month. 

During the SNP leadership contest, Mr Yousaf criticised the documents saying they were material “that frankly sits on a website and nobody reads”.

In November, it emerged 25 civil servants costing up to £1.5m a year in wages were working on the Scottish Government prospectus, including one paid up to £83,000.

Last week the Herald revealed that Mr Hepburn has no budget and only one regular member of staff working for him.

Yet as well as his basic MSP's wage of £67,662 in 2023/24, Mr Hepburn is paid an additional £31,854 as a minister.

The top-up is more than the average wage for a full-time job in Scotland of around £27,700.

My Yousaf gave the Cumbernauld & Kilsyth MSP the removing brief after pleading to create the post of minister for independence during the SNP leadership race in the spring.