Bill would let Holyrood legislate on role of law officers

Bill would let Holyrood legislate on role of law officers

Joanna Cherry KC MP

Joanna Cherry KC MP is to bring a private members’ bill proposing that power to amend the role of Scotland’s law officers, including the lord advocate, be devolved to the Scottish Parliament.

The Scottish government is currently considering whether the lord advocate’s roles as head of the independent prosecutions service and principal legal advisers to the government should be separated – but the power to make the change lies with Westminster.

A poll conducted by Scottish Legal News more than two years ago found that an overwhelming majority of Scots lawyers wanted the role split.

The proposed Scottish Law Officers (Devolution) Bill will be heard in the House of Commons on Wednesday 10 January under the 10-minute rule after Ms Cherry was successful in a ballot of MPs yesterday morning.

Commenting, Ms Cherry, the SNP MP for Edinburgh South West, said: “The role and function of Scotland’s chief law officer is reserved to Westminster.

“The straitjacket of the Scotland Act has prevented the Scottish Parliament and Scottish government from modernising the post, as it might have done since 1999, by splitting the dual roles of providing independent legal advice to the government of the day and that of head of the prosecution service in Scotland.

“All major political parties in Scotland have called for a review of the role of the lord advocate and I trust that my bill will have cross-party backing when it comes before the Commons.”

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