Government rules out changes to lord advocate dual role

The Scottish government has ruled out changes to the dual role of the country's top law officer, despite recent controversy over the sharing of information relating to former SNP chief executive Peter Murrell.

Opposition politicians criticised Lord Advocate Dorothy Bain KC after it emerged she had briefed First Minister John Swinney on Murrell's case.

The Lord Advocate acts as head of Scotland's prosecution service but also has a ministerial role as chief legal advisor to the Scottish government.

Following an independent review, which was commissioned before the row, Justice Secretary Angela Constance told MSPs the current position was appropriate.

She added it would be up to the next Scottish administration to decide whether changes should be made.

Responding to a written question, Constance confirmed the report was published on Tuesday.

She added: "The report clearly sets out how and why the current system works and its considerable strengths.

"Careful consideration would be required if there were to be any changes made to the ways in which the law officers' various functions were allocated.

"As protected by the Scotland Act, the law officers operate with integrity and entirely independently of any other person as they undertake their prosecutorial functions.

"Separating the functions would require legislation by the UK Parliament."

Meanwhile, Scottish Conservative leader Russell Findlay repeated his call for the dual role to be "binned".

And he said the report's recommendation that a new website should be created to better inform the public was "nowhere near good enough".

Findlay added: "This long-awaited report will surely delight John Swinney because it overlooks the many real and growing concerns about the Lord Advocate's dual role.

"It ignores the Lord Advocate's political cheerleading in support of contentious SNP government policy and her passing of sensitive information to Mr Swinney about Nicola Sturgeon's husband."

Scottish Labour also said it would split the lord advocate's role in order to "strengthen public confidence and accountability".

Neil Bibby, the party's constitution spokesman, said: "For far too long, the SNP has engendered a culture of secrecy and cover-up, and it is clear that they cannot be trusted.

"We believe it is right that the person responsible for prosecutorial decision making is not also a member of the Cabinet, so that the Scottish public can be assured of the impartiality of the role."

The report was commissioned by the Scottish government and produced by former Scottish Law Commission chief executive Malcolm McMillan.

It was ordered to help inform any future consultation on the law officers' roles and functions.

The lord advocate has a dual role as Scotland's chief prosecutor and the government's principal legal adviser - a role she performs as a Cabinet minister.

She was criticised recently by Tory and Labour MSPs after files were released by the Crown Office and Procurator Fiscal Service (COPFS).

The documents showed she notified the first minister of the charges against Murrell last March - almost a year before the public were informed.

The March 2025 letter to the government was included in a list of almost 30 cases which the lord advocate has updated either the Scottish or UK governments over the past three decades.

Bain previously told MSPs she had no involvement in the case, and she rejected any suggestion that her position had been compromised.

The lord advocate said the memo had not been requested by the government and insisted ministers had not been granted "preferential access".

The COPFS has also repeatedly said Bain was not involved in the Murrell case as it involved politicians.