Scottish lawyer role could be split to prevent SNP 'conflict of interest'

Dorothy Bain, Lord Advocate, has recused herself from decisions related to Operation Branchform, the SNP police investigation. Photo: Alamy/SST < p>The controversial dual role of Scotland's most senior justice officer will be split, meaning the Lord Advocate will no longer lead the country's prosecution service, sitting in the SNP cabinet, under legislation to be introduced at Westminster.< /p>

Joanna Cherry CC, a senior SNP MP, said she would introduce a Private Membership Bill in the House of Commons next week, aimed at splitting the role of the Lord Advocate into «two separate positions».< /p>

Ms Cherry argued that the same person acting as Scotland's head of public prosecutions while being a Scottish minister and chief legal adviser to the executive «could create a conflict of interest».

In an article in the pro-independence National newspaper, she said there should be no criticism of Dorothy Bain CC, the current Lord Advocate, or any of her predecessors.

But she said «politicians are becoming increasingly concerned» about the dual role following a series of high-profile cases, including the police investigation into the SNP's finances and the Alex Salmond scandal.

Ms Bain has recused herself. of decisions related to Operation Branchform, the SNP police investigation. The royal office she heads will decide who faces charges (if any).

«Unacceptable insult»

But last year she was forced to respond to «unacceptable insult» after it was alleged there was a two-week delay in issuing a search warrant at the home shared by Nicola Sturgeon and her husband Peter Murrell, a former member of the Scottish National Party. chief executive.

This dual role also came under scrutiny during the war between Mr Salmond and Ms Sturgeon over her government's handling of misconduct complaints against him.

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In March 2021, James Woolfe, Ms Bain's predecessor, was forced to deny that the Crown Office had been pressured to edit Mr Salmond's evidence to the Holyrood inquiry to remove parts relating to Ms Sturgeon's allegations of breach of ministerial authority. code. He said the claims were «completely unfounded».

At the 2021 Holyrood elections, the Scottish National Party has committed to consultation on the role-sharing by the end of this parliament in 2026, and Ms Cherry said , which understands the original essence of the report should have been published in the near future.

The MP for Edinburgh South West said changes would require Westminster legislation as the power to appoint a new law enforcement officer or public prosecutor is reserved.

Although the split is supported by the Tories, it is understood the UK government will not want to support the proposal. -Ms Cherry about transferring powers to create these posts to Holyrood.

It is considered more likely that they will wait for the Scottish Government to make proposals and then amend UK legislation to create the additional position.

Ms Cherry wrote: “I believe it is important that the role The chief prosecutor was free from all suspicions.» political interference.

“I also believe that the Scottish Government has the advantage of having a legal adviser who shares its political views but also provides independent advice.

“At the end of the day, this is what the governments of England, Wales and Ireland enjoy. Their law enforcement officers are usually parliamentarians from the same party as the current government.”

Cross-party support

In England, the Attorney General is a member of the government, and the Director of Public Prosecutions is appointed. using an independent process.

Ms Cherry said the Scottish Government had recognized the need for a separation of roles and that separation had been supported by Scotland Secretary Alistair Jack and Scottish Labor.

“I hope the existence of cross-party Support means he has a chance become law, leaving the final decision where it should be with the Scottish Parliament,” she added.

But the UK government has previously said it would prefer to wait for Scottish National Party ministers. at Holyrood to make the proposals.

David Duguid, the then Scottish minister, told MPs during the 2021 debate: “It is right that our colleagues in Holyrood, not British ministers, take the lead to decide What needs to happen now, or at least they need to take that first step.»

Donald Cameron, the Scottish Tory shadow constitution minister, said: «The UK government has already made it clear that it is happy.» . make changes to the role of the Lord Advocate as decided by the Scottish Government to ensure the ball is in their court.»

The SNP and the Scottish Government have been approached for comment.