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Scotland Act 1998: Role of the Lord Advocate
20 July 2021
Lead MP
Kenny MacAskill
Debate Type
Adjournment Debate
Tags
Scotland
Other Contributors: 1
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.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
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.
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
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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