The decision to review the dual role of the Lord Advocate is “absolutely not” linked to controversy over the handling of the Peter Murrell case, Scotland’s Justice Secretary has said.
John Swinney announced on Tuesday that an independent review is to take place into the role and responsibilities of Scotland’s most senior law officers.
It comes in the wake of controversy over the dual role of the Lord Advocate – Scotland’s most senior law officer, who serves both as an adviser to ministers and as head of the prosecution service.
Dorothy Bain KC, who stepped down from the position earlier this year, came in for criticism after it emerged she had briefed the First Minister on the charges facing former SNP chief executive Peter Murrell almost a year before these were made public.
Murrell was jailed for more than five years in June after he admitted embezzling more than £400,000 from the party.
Scotland’s Justice Secretary Neil Gray was asked on BBC Radio Scotland’s Breakfast programme whether the decision to hold the review was a result of controversy around the Peter Murrell case.
He replied: “Absolutely not. There can be absolutely no suggestion of any controversy relating to the former Lord Advocate.
“She carried herself with impeccable character. She has an incredibly strong reputation for disposing of her duties without fear or favour, and certainly that was not the driver.
“There has though been considerable discussion and public debate around the dual role.
“Some of that comes from a position of perhaps a lack of understanding in the position of the Lord Advocate and how they discharge their duties impartially and independently, and we wanted to make sure – the First Minister gave a statement to Parliament yesterday – that we had a dispassionate look at whether the current role of the Lord Advocate is the best way of discharging the duties that are required, both as the chief legal adviser to the Scottish Government and also as the head of the prosecution service here in Scotland and that will be assessed independently, and we will await the results of that inquiry from Lord Boyd next year.”
The review will consider whether the roles of the Lord Advocate and solicitor general are still the most appropriate and effective arrangements for Scotland
It will be led by Lord Boyd of Duncansby, who has previously served as both solicitor general and lord advocate, has been a Supreme Court judge and who prosecuted the case against the Lockerbie bomber.
Announcing the review on Tuesday, Mr Swinney told MSPs: “The review will examine the advantages and disadvantages of making changes to the current arrangements.
“It will consider the strengths and weaknesses of alternative models, engage with the legal, constitutional and practical implications of reform, and make recommendations to Scottish ministers.”
He added: “Crucially, the review will approach these issues with an open mind. It will follow the evidence wherever it leads – whether that is to reforms or to maintaining the status quo.”
Mr Swinney said on Tuesday that if changes are recommended, these could form the basis for a public consultation on the issue.
Lord Boyd has said he would “approach the task with an open mind and will consult widely before making my recommendations to ministers in due course”.