Chamber
Meeting of the Parliament 18 February 2026 [Draft]
18 Feb 2026 · S6 · Meeting of the Parliament
Item of business
Urgent Questions
Lord Advocate (Information Sharing)
The Lord Advocate
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The advice was offered on the basis that I am the Lord Advocate and the head of the independent prosecution service.
In relation to the other point, as I have said before, it is normal practice that the sharing of that type of information is done on a case-by-case basis and on the judgment of an independent prosecutor. That is because of the fundamental importance of protecting live proceedings and ensuring that they are not compromised in any way by inappropriate commentary.
It is an important and fundamental aspect of the rule of law that the importance of the contempt of court provisions and the restriction of comments on live cases bears repeating, in order to curb speculation and inappropriate commentary being applied to any live case.
It would not be appropriate for me to give examples of that happening in any particular live case at this stage, without me understanding the impact on the proceedings, as they may have at this stage, but I am happy to share, following on from this evening, information in relation to instances where a similar process has been undertaken in relation to informing the First Minister of important stages in high-profile and sensitive cases.
In the same item of business
Michael Marra (North East Scotland) (Lab)
Lab
To ask the Scottish Government whether the Lord Advocate will provide details of the reasons for her reportedly sharing confidential details of the charges a...
The Lord Advocate (Dorothy Bain KC)
I did not brief the First Minister in relation to the prosecution of Mr Murrell or the contents of the indictment. My minute was a factual confirmation of th...
Michael Marra
Lab
In writing to the First Minister, the Lord Advocate provided information that was available to nobody else. That information was then passed on to Scottish N...
The Lord Advocate
The key point that I make is that the minute was sent after an independent prosecutor had taken the decision in the case. The minute does not provide an oppo...
Michael Marra
Lab
The Lord Advocate should know that early access to that information confers political advantage and is not standard practice. Today, former First Minister Ja...
The Lord Advocate
The communication to the First Minister was provided after the indictment was served, at a point at which there is no limitation on its terms being made publ...
The Presiding Officer
NPA
I would be grateful if we could hear one another. Many members wish to put a question. That will not be possible unless we can hear one another and continue ...
Russell Findlay (West Scotland) (Con)
Con
The Lord Advocate was appointed to the SNP Government by Nicola Sturgeon. The Lord Advocate then gave John Swinney information about a serious criminal case ...
The Presiding Officer
NPA
Let us hear one another.
Russell Findlay
Con
Any remnants of that neutrality are in ruins. Is the Lord Advocate therefore considering her position?
The Lord Advocate
I am not considering my position. The key point that I have made is this: the minute was sent after a decision had been made, in this case, by an independent...
Rona Mackay (Strathkelvin and Bearsden) (SNP)
SNP
Can the Lord Advocate reassert that no one has spoken to the Crown on the scheduling of the case? Does she agree that any suggestion that the independent Cro...
The Lord Advocate
I can explain that Mr Murrell appeared on petition on 20 March 2025. Criminal procedure limits apply to the case, and those were effective on that date. That...
Jamie Greene (West Scotland) (LD)
LD
I absolutely do not buy any accusation that the Lord Advocate is politically corrupt in this matter, but the Crown was asked why information was communicated...
The Lord Advocate
The advice was offered on the basis that I am the Lord Advocate and the head of the independent prosecution service.In relation to the other point, as I have...
Pauline McNeill (Glasgow) (Lab)
Lab
There is already concern about the court delaying the case until 27 May, so will the Lord Advocate be more specific about whether it is normal practice for a...
The Lord Advocate
I understand that it is suggested that there has been a briefing. It is important to look at what actually happened. It was the submission of a minute to the...
Douglas Ross (Highlands and Islands) (Con)
Con
The Lord Advocate is offering examples, but what we need are numbers. How many times has this happened before? She can surely give us an answer to that, and,...
The Lord Advocate
In relation to numbers and examples, referring back to the question that I was asked, I note that I do not see that formulated in the urgent question. Howeve...
The Presiding Officer
NPA
Let us hear one another, colleagues.
The Lord Advocate
I can, after this evening, provide more details of how—
Douglas Ross
Con
Will the Lord Advocate take an intervention? The question has not been answered—
The Presiding Officer
NPA
Mr Ross, let us hear the Lord Advocate.
The Lord Advocate
I can, after today, give other examples of circumstances where this has happened previously. I would be able to give numbers and examples, as I can—Interrupt...
Douglas Ross
Con
On a point of order, Presiding Officer—Members: Oh!
Douglas Ross
Con
Presiding Officer, our standing orders make it very clear that if a minister answering questions has information available, they must provide that in their r...
The Presiding Officer
NPA
Thank you, Mr Ross. The contribution that members make in the chamber is not a matter for the chair. It is a matter for the minister and for the Scottish Gov...
Ross Greer (West Scotland) (Green)
Green
I echo the colleagues who have rejected the deeply irresponsible allegations of corruption against the Lord Advocate. I accept that there is precedent for in...
The Presiding Officer
NPA
I remind members to avoid mentioning specifics of the case.
The Lord Advocate
The figure appears on the indictment, and it was, therefore, a figure that I was able to share.As I have said, the fact is that, from the point at which the ...