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Bill allowing Holyrood to reform Lord Advocate role introduced in Commons

Joanna Cherry’s Bill would give the Scottish Parliament the power to reform the functions of the head of Scotland’s prosecution service.

Neil Pooran
Wednesday 10 January 2024 11:34 EST
Joanna Cherry introduced her Bill in the Commons on Wednesday (Jane Barlow/PA)
Joanna Cherry introduced her Bill in the Commons on Wednesday (Jane Barlow/PA) (PA Wire)

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An SNP MP has introduced a private member’s Bill which would allow Holyrood to split the role of Lord Advocate.

Joanna Cherry’s Bill would give the Scottish Parliament the power to reform the functions of the head of Scotland’s prosecution service, who is also the Scottish Government’s top legal adviser.

She presented her Ten Minute Rule Bill in the Commons on Wednesday.

She told MPs: “My Bill is designed to give the Scottish Parliament the power to amend the role of Scotland’s law officers, including dividing the role of the Lord Advocate into two separate jobs.

“One as head of Scotland’s prosecution service, and the other as a minister of the Scottish Government and its chief legal adviser.”

Ms Cherry said there is increasing concern about a conflict of interest in the two parts of the role, or at least the perception of this being the case.

A number of events in recent years have exposed these concerns, she said, including the investigation into Alex Salmond, the Rangers malicious prosecution scandal, and the ongoing police investigation into the SNP’s finances.

The historic office of Lord Advocate goes back hundreds of years, she said, having a range of functions around maintaining the rule of law.

The Edinburgh South West MP said both Scottish and UK ministers have accepted there is a case for separating the two roles, while her Bill has cross-party support.

On Wednesday, the Bill was introduced without opposition.

Ten-minute rule motions offer backbench MPs an opportunity to present an idea for legislation to the Commons with a speech lasting no more than 10 minutes.

But even if accepted, such Bills rarely progress further due to a lack of parliamentary time to debate proposed legislation tabled by backbench MPs.

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