NICOLA Sturgeon has confirmed her commitment to investigate separating the dual roles of the lord advocate as MSPs unanimously backed Dorothy Bain being named Scotland’s top law officer.
Ms Bain will succeed James Wolffe as lord advocate, a position the First Minister described as “crucial to the rule of law in Scotland”.
Ruth Charteris become the new solicitor general, taking over from Alison Di Rollo - alongside Ms Bain, in what Ms Sturgeon labeled an “outstanding and formidable team”.
The lord advocate has two roles – the head of the Crown Office in Scotland and the Scottish Government’s top legal adviser, but the two functions have come under more scrutiny.
Ms Sturgeon said: “The Government made a commitment at the recent election to consult on whether these dual functions should be separated in future.
“It is important that Parliament considers the precise details of any reform carefully.”
The First Minister confirmed that plans to hold a consultation on splitting the roles will be taken forward, but she issued a warning over the potential of requiring a long process including “possible amendment to the Scotland Act”.
She added: “Whatever the outcome of such consultation, it will remain hugely important that Scotland has law officers of the very highest calibre.
READ MORE: Dorothy Bain confirmed as choice for next lord advocate
“I have no doubt whatsoever that the individuals I am nominating today fulfill that requirement.”
Ms Sturgeon said Ms Bain “is without doubt...one of Scotland’s most senior and highly-respected lawyers”, insisting she “will be a lord advocate of the very highest calibre”.
She added that Ms Charteris is “a lawyer who commands respect rightly across the legal profession".
The First Minister said the duo are "both individuals of the highest ability and integrity”.
She added: "Fundamentally, I am nominating Dorothy Bain and Ruth Charteris because they are both supremely well-qualified for the roles they are being asked to do.
"They have a wealth of professional experience that I am sure will benefit the Scottish Government, the Crown Office and the justce system more generally in Scotland."
Scottish Conservative leader Douglas Ross backed Ms Sturgeon’s choice for lord advocate, but warned “we have raised concerns about the dual role since devolution began”, adding “those concerns have only become more acute as time has passed”.
He said: “There is a serious conflict between the head of the Crown Office and the chief legal adviser to the Scottish Government.
“While I am confident that Dorothy Bain will handle this conflict with dedication and professionalism, the problems created with the dual role cannot be rectified by skill and commitment of the person holding the office.
“By their nature, these dual roles at times conflict with each other.”
Mr Ross said the Alex Salmond fiasco “exposed the weakness for all to see”.
READ MORE: Lord Advocate James Wolffe 'to step down'
He added: “Time and again, it seems the dual role had put people in impossible positions. They appeared destined to fail because there was no way to fulfil both roles properly.
“The role of lord advocate was stretched to its limits and found wanting to the detriment of the Scottish public and the women at the heart of that affair.
“Separating the roles is essential to restore public confidence in the position.”
The Tory leader also pointed to the “looming shadow of a referendum bill” which is expected to be pushed forward by the Scottish Government if Boris Johnson continues to ignore calls for a second vote on independence.
The new lord advocate will play a role in determining whether Holyrood has the authority to bring forward such legislation.
Mr Ross added: “I trust in the new lord advocate, we have someone with the experience to speak truth to power at this pivotal point in Scotland’s history.”
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