Humza Yousaf urged to provide update on overhauling role of Lord Advocate

Scotland’s Lord Advocate Dorothy Bain

Tory Scottish Secretary Alister Jack has called on the First Minister to provide an update on plans to rethink the role of the country’s Lord Advocate.

Jack believes the law officer’s dual role is a conflict of interest and is keen to pass legislation at Westminster to assist on any decoupling. The Lord Advocate, who is currently Dorothy Bain, is currently head of the prosecution service and the Government’s top legal adviser.

Critics say the double role is inappropriate in the twenty first century and believe reform is necessary.

The SNP’s 2021 Holyrood manifesto said: “We will consult on whether the dual functions of the Law Officers, as head of the independent prosecution service and principle legal advisors to the Scottish Government should be separated.”

Scottish Ministers then commissioned Malcolm McMillan, the former Chief Executive of the Scottish Law Commission, to undertake pre consultation expert research on the issue.

But no consultation has been launched and Jack has demanded a progress report.

In his letter to the First Minister, he said: “I understand the Scottish Government has been considering reforms to the role of the Scottish Law Officers for some time, with Malcolm McMillan being commissioned to complete research into the matter in the Spring of last year.

“I would welcome an update on the Scottish Government’s position on amending the roles of Law Officers and any next steps post Malcolm McMillan’s research.

“As you will be aware, most significant changes to the role of the Lord Advocate would require amendment of the Scotland Act 1998. Many of those amendments could only be made (or enabled) by means of UK Parliamentary legislation.”

A UK Government spokesperson said: “The Secretary of State for Scotland has asked the Scottish Government for an update on their consultation on the role of the Lord Advocate. We look forward to his response.”

To sign up to the Daily Record Politics newsletter, click here.