Hansard

I thank colleagues for their contributions to the debate. On the specific point that Amanda Bland raised about the conduct of criminal cases, I confirm on the record, as has been confirmed on many occasions in the past, that wherever there is a legal issue in connection with a politician, the law officers are not involved in the scrutiny of that case. That is done independently by representatives of the Crown and it never involves the Lord Advocate or the Solicitor General.

I thank colleagues for the comments that have been made in relation to the service of Dorothy Bain as Lord Advocate. Dorothy Bain has much to be proud of in exercising the role and responsibilities of Lord Advocate, and I welcome the comments that have been made.

I am also grateful for the support that has been expressed for the nominations that I bring to the Parliament. Mr Sarwar made an important contribution when he indicated his confidence in the professional approach and capabilities of the two nominees who I have brought forward for appointment, and I am grateful to him for his comments.

Mr Sarwar and Mr Cole-Hamilton made the point that, while supporting the nominations and recognising the calibre of the individuals whose nominations to serve in these roles I have brought forward, it is also entirely legitimate to consider the nature of the roles and whether there is the potential for reform. I accept that point, and it is important that the Parliament conducts discussions substantially on those questions, because there are big issues involved.

The Government has started work on the issue and, shortly before the election, we published the report that was prepared by the former Scottish Law Commission chief executive, Malcolm McMillan, on the role of the Lord Advocate, which was designed to inform and structure debate on these questions. I am happy to confirm to the Parliament that the Government is willing to engage with parties across the chamber in considering the case for reform, and to ensure that we do that in an open and considered fashion, to ensure that all the relevant issues—there are significant issues involved—are properly aired before the Parliament considers any further change. I should point out, of course, that in order to take forward any reform, we would require Westminster legislation, but that is for some time down the road.

I appreciate Maggie Chapman’s comments. She talked about the importance of the law officers being at the heart of ensuring that our justice system is accountable and accessible. That is the approach that drives the law officers who are being nominated. Obviously, the law officers operate within a legal system in which the independence of the judiciary is sacrosanct, and the roles of Parliament and the Government are clear in those relationships. Fundamentally, ensuring that there is open access to the justice system and that the justice system meets the needs of the public is central to the role that will be taken forward by the law officers.

I am grateful to the Parliament for its consideration of the nominations for appointment today and for the recognition that, in Ruth Charteris and Brian Gill, I have brought forward for nomination as Lord Advocate and Solicitor General two outstanding representatives of our legal profession, who I know will continue to build on the formidable records that they have amassed in protecting the public interest of Scotland. They will do so in new and significant roles as the Lord Advocate and the Solicitor General. I look forward to receiving parliamentary support for their appointments.