The Scotsman

Ministers are looking to split dual roles of Lord Advocate

- David Bol

to divide the controvers­ial dual role of the Lord Advocate are being pushed forward by the Scottish Government with a review due to be handed over to SNP ministers.

Nicola Sturgeon previously pondered splitting the Lord Advocate’s two roles of the Scottish Government’s chief legal adviser and also the head of Scottish prosecutio­ns, with the former first minister asking in 2021 “whether these dual functions should be separated in future”. Ms Sturgeon warned the process could take some time, including the “possible amendment to the Scotland Act” for the role to be split.

Before devolution, the Lord Advocate was a UK government minister and advised on legal matters in Scotland.

It has been reported that an expert report into the role, held by Dorothy Bain KC, is expected to be handed over in the coming weeks.

Concerns have been raised over a series of conflicts of interests in Ms Bain holding the two roles, particular­ly around legal cases involving Ms Sturgeon and her predecesso­r Alex Salmond. The Crown Office has been sent a report into Ms Sturgeon’s husband, Peter Murrell, who is accused of embezzling money from the SNP.

Previous Lord Advocates did not have any role in either the case involving Mr Salmond nor the Operation Branchform police investigat­ion into the SNP’S finances. Any case involving politician­s is dealt with by prosecutor­s without the involvemen­t of the Lord Advocate. In line with that, Ms Bain has not been involved in this case directly, but the scenario has been highlighte­d by critics as another reason why the role should be separated.

Three years ago, Ms Bain removed herself from any further involvemen­t in litigation related to the collapse of Rangers FC, over conflict of interest concerns.

Scottish Conservati­ve justice spokesman Russell Findlay said: “While no one can credibly question the integrity of the office holder, to be a member of the Scottish Government while also being head of the independen­t prosecutio­n service cremoves ates a minefield of potential conflicts.

“This dual role is clearly untenable and John Swinney’s Government must be fully transparen­t about the terms and timescales of this review.”

A review by Malcolm Mcmillan, the chief executive of the Scottish Law Commission and former government lawyer, will investigat­e the Lord Advocate and the junior law officer position, the solicitor-general and compare how the roles work compared with other countries.

SNP Justice Secretary Angela Constance said the report would contain a “summary of insights and comments on the Scottish law officers’ roles from former and current holders of these offices and relevant officials”, adding “the work to publish the final report is ongoing”.

A Scottish Government spokeswoma­n said: “The Scotland Act emphasises the law officers’ complete independen­ce from any other person as they undertake their prosecutor­ial and investigat­ion of deaths functions — a principle they uphold in everything they do. Any changes in proposed legislatio­n must continue to allow the law officers to operate independen­tly.”

2021

Nicola Sturgeon questioned the appropriat­eness of

the dual role

 ?? PICTURE: JANE BARLOW/PA ?? Lord Advocate Dorothy Bain KC and Justice Secretary Angela Constance
PICTURE: JANE BARLOW/PA Lord Advocate Dorothy Bain KC and Justice Secretary Angela Constance

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