Lord Advocate role review delay attacked

The Scottish Government has insisted that it is progressing plans to review the dual role of the Lord Advocate, in response to criticism from the Scottish Conservatives that no consultation has yet been opened on the subject.

The comments came after Justice Secretary Keith Brown confirmed, in reply to the opposition’s Jamie Greene MSP, that plans for a consultation were "ongoing". 

Mr Greene, who had asked for an update on the timing and plans for reform, accused the Government of an "unacceptable" lack of urgency, describing as "untenable" the current position in which the Lord Advocate serves as both head of the prosecution service, and chief legal adviser to the Scottish Government. He said this was demonstrated both during the Alex Salmond inquiry and when Lord Advocate Dorothy Bain KC "had to lead Nicola Sturgeon’s doomed Supreme Court bid to hold another independence referendum, despite reportedly having grave reservations about its legal merit".

Most political parties in Scotland have promised to end or at least review the dual role, but the Government has not committed to a timetable other than the lifetime of the present Parliament, which runs until 2026.

A Scottish Government spokesperson said: "As protected within the Scotland Act, the law officers operate entirely independently of any other person as they undertake their prosecutorial and investigation of death functions.

"The consultation on the functions of the law officers is proceeding as planned.

"Development of the consultation is to be informed by an initial phase of expert research, which is already underway."