Chamber
Meeting of the Parliament 19 February 2026 [Draft]
19 Feb 2026 · S6 · Meeting of the Parliament
Item of business
First Minister’s Question Time
Lord Advocate (Information Sharing)
Let me make it clear that I understand the importance of protecting live criminal proceedings. That is exactly why the Lord Advocate sent me a minute to warn me about the risk of contempt of court in a significant criminal case. It is abundantly clear that I would be asked about that case in court. She did that in order to ensure that I did not prejudice the proceedings.
The very brief minute that was sent to me by the Lord Advocate, which is a type of communication that I receive from the Lord Advocate on a number of occasions, was issued to the people in the Government who have to speak on my behalf. If it is important that I am reminded by the Lord Advocate that I must be careful and respect the live criminal proceedings, it is equally vital that those people who are authorised to speak on my behalf have the same information.
In the same item of business
1. Russell Findlay (West Scotland) (Con)
Con
Before I start, I want to make it clear that I fully understand the law relating to live criminal proceedings. John Swinney should also understand the law, s...
The First Minister (John Swinney)
SNP
Let me make it clear that I understand the importance of protecting live criminal proceedings. That is exactly why the Lord Advocate sent me a minute to warn...
Russell Findlay
Con
The reason why John Swinney passed sensitive information from the Lord Advocate to his SNP spin doctor is obvious. It was because he knew that it gave him an...
The Presiding Officer (Alison Johnstone)
NPA
Let us hear one another.
Russell Findlay
Con
If it really was about preventing any risk to the case, who else did John Swinney share that information with?
The First Minister
SNP
The Government has answered a freedom of information request on time to address exactly the point that Mr Findlay has put to me. I want to repeat the reason ...
The Presiding Officer
NPA
Let us hear one another.
The First Minister
SNP
Sorry—it was Mr Thomas Ross. My apologies.Mr Thomas Ross KC said:“I thought it was an absolute disgrace. I mean, the current Lord Advocate has practised at t...
Russell Findlay
Con
:Imagine boasting about getting an FOI answered on time—absolutely desperate.The First Minister did not answer the question, but it sounds like he did not sh...
The Presiding Officer
NPA
Let us hear one another.
Russell Findlay
Con
It once again highlights the inherent conflict of interest with Scotland’s top prosecutor also being a member of the Scottish Government. John Swinney stood ...
The First Minister
SNP
Before I address that point, I want to say something very directly to Mr Findlay, the Parliament and the public in Scotland. Dorothy Bain is an outstanding p...
The Presiding Officer
NPA
Thank you.
The First Minister
SNP
I am disgusted by the way that Russell Findlay spoke about the Lord Advocate yesterday. He should be ashamed of himself, and he should withdraw every word of...
The Presiding Officer
NPA
Thank you. Let us continue.
The First Minister
SNP
The Government was elected on a policy commitment to explore, examine and consult on issues related to the dual functions of the Lord Advocate. Those issues ...
The Presiding Officer
NPA
Let us hear the First Minister. Thank you.
The First Minister
SNP
I point out that the regulation of the arrangements for the Lord Advocate holding the dual functions of being the chief legal adviser to the Government and t...
Russell Findlay
Con
:The Oscar for best phony anger goes to John Swinney. What a desperate deflection—unbelievable. Interruption.
The Presiding Officer
NPA
Let us hear our proceedings.
Russell Findlay
Con
After five years of inaction, it maybe will take this rotten episode to finally force the SNP to end the Lord Advocate’s dual role.This scandal is typical of...
The Presiding Officer
NPA
Let us hear one another, colleagues.
Russell Findlay
Con
He was Nicola Sturgeon’s right-hand man and he got a heads-up about the criminal case involving her husband. The Lord Advocate’s actions were wrong and her e...
The First Minister
SNP
Parliament decided on that point last night in a democratic vote by its elected members.Yesterday, Mr Findlay put on the record all his points to the Lord Ad...
The Presiding Officer
NPA
Thank you. You will stop shouting. Continue, First Minister. Let us hear one another.
The First Minister
SNP
The shouting and bawling from the Conservatives demonstrates my point that they do not deserve to be here, and they will not be here, because they are on the...