The Lord Advocate is both the head of the country’s prosecution service and the Scottish Government’s most senior legal advisor.
Keir Starmer has backed calls for the two jobs undertaken by Scotland’s most senior legal figure to be separated.
The Lord Advocate, a position currently held by Dorothy Bain KC, is both the head of the country’s prosecution service and the Scottish Government’s most senior legal advisor – meaning she can attend Cabinet meetings.
Critics of the current system have claimed the dual roles create an obvious conflict of interest.
One Scots MP asked Starmer this week if, in the light of the Operation Branchform investigation, whether there was a need for the UK Government to “amend the situation”.
The Record previously reported how Bain had no direct involvement in the direction of Operation Branchform as she is also a member of the Scottish Government.
That means she was not involved in the decision to end the investigation into Nicola Sturgeon and SNP MSP Colin Beattie.
John Cooper, who represents Dumfries and Galloway, told MPs yesterday “When he was Director of Public Prosecutions, the Right Honourable Gentleman would not have, I think, sat comfortably in the Cabinet of Prime Minister Cameron.
“But, incredibly, in Scotland we have a situation where the head of prosecutions there, the Lord Advocate, does sit in Cabinet. This has been thrown into sharp focus lately with the police probe into the finances of the SNP.
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“It’s been further thrown into sharp focus because ultimately, although not personally involved, the Lord Advocate does ultimately sit at the head of the investigation into the former first minister, Nicola Sturgeon, who faced potential criminal charges.
“This situation has been made by the SNP, they will not fix it. Does it sit with this House to amend this situation?”
Starmer replied: “This is a really important issue. Labour in Scotland is clear they would separate this role. That’s the right thing to do, for the reasons that have just been articulated – it’s the obvious thing to do, and that’s what we do in England and Wales.
The PM added: “There have been calls for review on this since 2021, but the SNP has not acted on this. They need to bring forward proposals now to deal with a problem that’s been sitting there for a very long time.”
Bain withdrew from the Branchform investigation after it was launched by cops in July 2021, along with the Solicitor-General.
But questions have been raised over why the public has not been informed of the identity of the Crown Office member who is directing the probe.
Magnus Linklater, a political commentator, previously said: “In almost every other country in Europe, England included, the senior prosecutor is clearly identified, and he or she would be named as the leading legal figure in charge of such a high profile inquiry.”
It comes as Peter Murrell, the former SNP chief executive and estranged husband of Sturgeon, appeared in court last week charged in connection with alleged embezzlement
He did not enter a plea and was bailed to return to court at a later date.
In a statement last week a spokesperson for the Crown Office repeated the Lord Advocate was not involved in the decision not to charge Sturgeon.
They said: “Professional prosecutors from COPFS and independent counsel are dealing with this case without involving the Lord Advocate or Solicitor General. All Scotland’s prosecutors operate independently of political influence.”
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