Kemi Badenoch vows to split dual role of Lord Advocate amid 'corruption' row
The UK Tory leader called the current set up an ‘absurd state of affairs’
Kemi Badenoch has vowed to split the dual role of Scotland’s top law officer after raising concerns over “corruption”.
The UK Conservative leader said the current arrangement involving the Lord Advocate was an “absurd state of affairs”.
A furious row broke out in Holyrood this week after it emerged the Lord Advocate, Dorothy Bain KC, sent a minute to the First Minister in January in which she revealed details of allegations against former SNP chief executive Peter Murrell.
She told MSPs the email was to inform Mr Swinney of a “significant development” in the case against Mr Murrell – who is Nicola Sturgeon’s estranged husband – and to “ensure the government is reminded of its legal responsibilities to restrict its comments”.
But opposition politicians claimed it gave Mr Swinney a political advantage.
The Lord Advocate currently serves as the head of prosecutions in Scotland, as well as the government’s chief legal adviser.
The role was enshrined in the Scotland Act – the legislation which formed the Scottish Parliament – meaning it would be for Westminster to make any changes.
Prime Minister Sir Keir Starmer last year told the First Minister to come up with proposals to scrap the dual role, signalling his support for the move.
Addressing the Scottish Tory conference in Edinburgh on Friday, Mrs Badenoch said: “Just a few days ago, we learned that the Lord Advocate gave John Swinney a tip off about the details of the charges. This smacks of corruption.
“It is an absurd state of affairs that the Lord Advocate is currently in charge of an organisation prosecuting a case against a senior SNP figure whilst being in the SNP Government’s Cabinet.
“Today, I can announce that the Conservatives would end this conflict of interest and split the Lord Advocate’s role so that this never happens again.”
Speaking to journalists afterwards, she said she would be “open” to the idea of proposing legislation before the next election to split the role.
“The key thing is that it has to happen at Westminster, so I’d be looking to our Scottish MPs to look at all the possible avenues,” she said.
“There are multiple avenues that you could try, but we would need the support of certainly many more people across the House – this can’t just be a Conservative issue.”
Ms Badenoch said the dual role “wasn’t a problem until it became a problem, and that was then this SNP government, being so problematic, created all sorts of issues which now need to be looked at”.
She added: “It has highlighted that there can be a conflict of interest”.
On Thursday, Scottish Tory leader Russell Findlay and Scottish Labour leader Anas Sarwar both said the minute from the Lord Advocate gave the First Minister political advantage.
Mr Findlay added: “In the real world this smacks of corruption.”
In response, the First Minister launched a staunch defence of the Lord Advocate. “Dorothy Bain is an outstanding prosecutor, she is an outstanding lawyer, she has 40 years of unimpeachable service to the public interest in Scotland,” he said.
“She alone is responsible for more cases of sexual violence of men against women being brought to justice than any other person, and I put on record today my absolute confidence in the Lord Advocate in undertaking her duties.
“And I am disgusted by the way Russell Findlay spoke about her yesterday and he should be ashamed of himself, and he should withdraw every word of the contemptible rubbish that he’s put on the record yesterday and today.”
Speaking on BBC Radio Scotland on Friday ahead of the party conference, Mr Findlay accused the First Minister of using his anger at Holyrood to distract from the issue at hand.
“It’s absolutely stinking and I think John Swinney’s faux outrage is a desperate attempt to detract and distract from the real issues about this sorry mess,” he said.
The Scottish Tory leader – who will address party faithful for the final time before May’s Holyrood election on Saturday – added: “The whole sorry mess stinks of corruption – it’s not normal what happened and it’s not right what happened.
“This Lord Advocate said she had recused herself from the entire process, yet a newspaper discovers that she’s been emailing John Swinney a private briefing with sensitive details of the case involving Nicola Sturgeon.
“Bear in mind, this is a Lord Advocate that was appointed to the SNP Government by Nicola Sturgeon and retained by John Swinney.
“This information was political advantageous to the SNP Government.”
The Lord Advocate, who appeared to answer an urgent question on the issue in Holyrood this week, said she “roundly rejects” any allegations of corruption, while the First Minister said he has “absolute confidence” in the law officer.
Mr Murrell had been expected to appear at the High Court in Glasgow for a preliminary hearing on Friday but this has now been moved to May 25 at the High Court in Edinburgh.
A spokesperson for the Crown Office and Procurator Fiscal Service previously said: "The case against Peter Murrell is active and caution must be exercised about commentary which may give rise to prejudice to the administration of justice.
"The Lord Advocate is committed to ensuring that Parliament is properly informed, consistent with her responsibilities. She will provide Parliament with an update as soon as possible."
Elsewhere, Ms Badenoch insisted she has “every faith” in Mr Findlay to lead the Scottish Tories into the Holyrood election. Polls currently show the party on course to shed MSPs in May.
Comments
Want to join the conversation? Please or to comment on this article.