Lord Advocate

Lord Cameron of Lochiel Excerpts

Wednesday 8th July 2026 Lords Chamber

Asked by

[Lord Cameron of Lochiel]

To ask His Majesty’s Government what assessment they have made of the appropriateness of the role of the Lord Advocate as a Scottish Law Officer and head of the system of criminal prosecutions in Scotland as delineated in the Scotland Act 1998.

[Baroness in Waiting/Government Whip (Baroness Curran) (Lab)]

My Lords, this Government acknowledge there is a live debate about the dual role of the Lord Advocate in Scotland. The Scottish Labour manifesto in 2024 committed to splitting the role of legal adviser to the Scottish Government and head of the system of criminal prosecutions in Scotland, and that remains our position. The UK Government would of course consider any proposal brought forward by the Scottish Parliament.

[Lord Cameron of Lochiel (Con)]

My Lords, I warmly welcome the Minister to her post on the Front Bench. The dual role of Lord Advocate as both the chief legal adviser to the Scottish Government and the head of the prosecution system in Scotland has become increasingly difficult to justify, not least in light of recent events and the potential for conflicts of interest. The current Prime Minister has acknowledged this as a problem. However, any changes to the status quo of course require UK Government legislation. Given that the Labour Party has long supported separating the Lord Advocate’s roles, will the Minister now commit to bringing forward legislation to do just that?

[Baroness Curran (Lab)]

I thank the noble Lord and recognise his position as a former Scotland Office Minister and his knowledge and experience on this matter. He is of course right to emphasise that this has become a very significant issue of public debate in Scotland at the moment, given very high-profile criminal cases. It is a matter that demands attention. The UK Government of course have a significant interest in this, and the Prime Minister has acknowledged that this is a serious issue.

The noble Lord will know that the Law Society of Scotland has recently suggested that there should be widespread consultation on this matter and has acknowledged that this is a complex matter. We recognise that the Scottish Government also have a strong interest in this and would welcome co-operation between the UK Government and the Scottish Government to pursue this matter.