Lord Advocate Dorothy Bain KC

John Cooper, the Conservative MP for Dumfries and Galloway, will today introduce a bill under the 10-minute rule which proposes to split the role through amendments to the Scotland Act 1998.

“It’s wrong that the same person is both Scotland’s top prosecutor and a member of the Scottish government,” Mr Cooper said.

“The two roles are clearly incompatible and immensely harmful to the reputation of Scots law.

“The SNP government pledged to address this anomaly in their 2021 manifesto – but they have done nothing since.

“They could have sought a Section 30 order to change the law themselves, but their broken promise has led me to put forward this bill to try to change things at the Westminster end.”

Former SNP MP Joanna Cherry KC previously proposed a 10-minute bill which would devolve power to split the role to the Scottish Parliament, but it did not progress prior to the 2024 general election.

Renewed focus on the issue comes amid a controversy around memos sent by Lord Advocate Dorothy Bain KC to First Minister John Swinney in relation to the prosecution of former SNP chief executive Peter Murrell.

The Scottish government yesterday published a long-awaited report by Malcolm McMillan on research into the roles and functions of the Scottish law officers, including the lord advocate.

The report is intended to inform any future consultation on changes to the roles and functions of the Scottish law officers, but does not itself contain any recommendations for reform.

The Scottish government’s position is that a consultation on reform is now a matter for whatever government emerges from May’s election, Scottish Legal News understands.

In a written response to an MSP, Justice Secretary Angela Constance said: “We are grateful to Malcolm McMillan for the diligent and comprehensive research and engagement undertaken to produce this report.

“The report provides robust factual information, context and analysis on the law officers’ numerous roles and functions, including the history, development and safeguards in place which protect their independence.

“The report clearly sets out how and why the current system works and its considerable strengths.

“Careful consideration would be required if there were to be any changes made to the ways in which the law officers’ various functions were allocated.

“As protected by the Scotland Act, the law officers operate with integrity and entirely independently of any other person as they undertake their prosecutorial functions.

“Separating the functions would require legislation by the UK Parliament.”

Mr Swinney last month told MSPs: “Although the Scottish government is exploring whether any change might be desirable, it considers that the current position is appropriate.”