Commons Sense

House of Commons · Adjournment Debate

Scotland Act 1998: Role of the Lord Advocate

20 July 2021 · 1 other contributor

Opened by Kenny MacAskill SNP East Lothian

Scotland

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Kenny MacAskill raised concerns about scotland act 1998: role of the lord advocate in the House of Commons. A government minister responded. Other MPs also contributed.

Key points

  • MacAskill argues that the dual role of the Lord Advocate creates a conflict of interest and has led to impartiality issues and financial costs.
  • Duguid acknowledges MacAskill's concerns but notes that legislative changes to separate the roles would require action by the Scottish Parliament.
  • The minister explains that the Scotland Act 1998 establishes protections for the independence of the Lord Advocate and highlights the act's role in devolving power.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Kenny MacAskill SNP East Lothian

MacAskill argues that the dual role of the Lord Advocate, both as principal legal adviser to the Scottish Government and head of the prosecution service, is an historical anomaly and a conflict of interest. He cites specific cases such as the Rangers FC liquidation and Alex Salmond's prosecution to illustrate how this arrangement has led to impartiality issues and significant financial costs for taxpayers. MacAskill calls for legislative changes to separate these roles, urging the UK Government to engage urgently with the Scottish Government on this matter.

Other contributors (1)
  • David Duguid Con Berwickshire, Roxburgh and Selkirk

    Duguid acknowledges MacAskill's concerns but stresses that any changes must first be put forward by the Scottish Government to the Scottish Parliament for scrutiny.

Government Response

David Duguid

Duguid thanks MacAskill for raising the issue and recognises concerns regarding the dual role of the Lord Advocate. He explains that legislative changes to separate these roles would require action by the Scottish Parliament first. The minister outlines the context provided by the Scotland Act 1998, highlighting its significance in devolving power and establishing protections for the independence of the Lord Advocate. Duguid asserts that while the UK Government has the power to bring forward such legislation, it is appropriate for the Scottish Government to lead on these proposals initially, subject to scrutiny within the Scottish Parliament. He concludes by emphasising the importance of close collaboration between both Governments to ensure effective governance.

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