Hansard

I am pleased to nominate to the Parliament a new Lord Advocate and a new Solicitor General for Scotland, to welcome them to the chamber at my side and to welcome their families to the gallery.

I pay tribute to the outgoing Lord Advocate, the Rt Hon Dorothy Bain KC, and I thank her for her outstanding service to Scotland—first, in her previous role, in which she was widely recognised and praised as an exceptional prosecutor, and, secondly, over the past five years, as Scotland’s Lord Advocate.

Dorothy Bain has delivered many outstanding achievements during her time as Lord Advocate. Her commitment to more effectively prosecuting those who commit violence against women and girls has ensured that those who carry out such crimes are more likely to be held to account.

Dorothy Bain is not just an outstanding lawyer—she has led by example. She has taken a personal interest when engaging with victims before a trial takes place, and has acted at all times with grace and with empathy for those involved. As a result, she has successfully argued for changes in the law of evidence in Scotland’s courts, which have allowed more accused to be prosecuted. She has challenged unduly lenient sentences in the appeal court, so helping to ensure that Scotland’s sentencing practice truly reflects the harm that is caused by sexual offending.

Dorothy Bain is an outstanding lawyer with 40 years of unimpeachable service to the public interest in Scotland. She is responsible for bringing to justice more cases of sexual violence by men against women than any other person has done. I thank Dorothy Bain very much for her exceptional service and wish her well for the future.

When I was sworn in as First Minister at the Court of Session last month, the Lord President referenced the importance of the rule of law to the operation of our democratic society. I am going to dwell on the importance of the rule of law in making these appointments today.

The Lord Advocate and the Solicitor General play a vital role in Scotland in the upholding of the rule of law, in the administration of justice, and as guardians of the public interest.

The appointment of the Lord Advocate and the Solicitor General is important to how we uphold the law in Scotland. My proposed appointments of the law officers are based on the substantial experience of the nominees in both criminal and civil law matters.

Since 2021, Ruth Charteris KC has served as Scotland’s Solicitor General. She brings a wealth of experience, having demonstrated outstanding legal expertise and leadership throughout her career. In that capacity, she has earned widespread respect across the legal profession and beyond, making her exceptionally well qualified to serve as Scotland’s Lord Advocate.

Before her appointment as Solicitor General, Ruth Charteris was standing junior counsel to the Scottish Government and a full-time advocate depute at the Crown Office. She has also chaired the fitness to practise panel of the Scottish Social Services Council.

During her time in post as Solicitor General, Ruth Charteris has successfully contributed to the conduct of major cases, including recently before the United Kingdom Supreme Court when she argued for the importance of the independence of the judiciary. Her advice as a legal adviser to me and to the Cabinet in recent years has been invaluable.

Since 2021, together with the outgoing Lord Advocate, Ruth Charteris has taken forward work on reform and putting the interests of victims and witnesses at the centre of our justice system. She has driven that work forward successfully and has demonstrated a strong personal interest in prosecuting human trafficking and modern slavery much more effectively. I have asked her to continue that work as Lord Advocate.

I am in no doubt whatsoever that Ruth Charteris has the ability and integrity to take on the role of Lord Advocate, and I am grateful to her for her commitment to public service in agreeing to take on this important task.

It is important for any Lord Advocate to have a strong Solicitor General by their side, and, having consulted Ruth Charteris, I recommend that Brian J Gill KC be appointed as Solicitor General. Mr Gill is a highly experienced advocate and prosecutor, and a candidate of outstanding calibre. He is currently a full-time advocate depute, which is a role that he has held since 2021.

Mr Gill has acted in many judicial reviews and statutory appeals to the Court of Session and the United Kingdom Supreme Court, and was previously standing junior counsel to the Advocate General for Scotland and the Home Office. He is also chair of the Government’s independent review of the valuation of licensed hospitality properties.

Ruth Charteris and Brian Gill share my Government’s overarching aim to make a difference to the lives of the people of Scotland. I have every confidence that they will continue to reform and improve our criminal justice services. They will do so by leading prosecutors in the establishment of a new sexual offences court, bringing jury trials to a conclusion at the earliest opportunity and concluding complex death investigations as quickly as possible.

Our new law officers will provide honest and consistent legal advice to the Cabinet and ministers. That is the case now, and—as some of my predecessors have said on several occasions— it will continue to be the case even when ministers do not like that advice or do not want to hear it. It is clear that, under the current system, the law officers can, and do, carry out their roles with independence and integrity. They always have done so, and they will continue to do so. That is necessary to uphold the rule of law.

Ruth Charteris and Brian Gill will be a formidable team as Lord Advocate and Solicitor General, and they will serve Scotland well. I commend their nominations to Parliament.

I move,

That the Parliament agrees that it be recommended to His Majesty that Ruth Charteris KC be appointed as the Lord Advocate and that Brian (BJ) Gill KC be appointed as Solicitor General for Scotland.

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