Scotland's Lord Advocate: The top law officer with a dual role
- Published
James Wolffe is the current holder of the post of Lord Advocate
The role of the Lord Advocate of Scotland has been brought into the spotlight as the Scottish Parliament continues its investigation into the mishandling of complaints against Alex Salmond. Who holds the post and what does he do?
Controversy over the professional double life led by whoever holds the position of Scotland's Lord Advocate is nothing new.
Their responsibility for prosecuting crime is said to have been enshrined in an act of parliament in 1587, the year Mary Queen of Scots had her head chopped off.
More than four centuries later, the incumbent performs a dual role as head of the Crown Office and Procurator Fiscal Service and as a minister in the Scottish government and its principal legal advisor.
He or she is appointed by the Queen on recommendation of the first minister, with the support of the Scottish Parliament.
The wearing of two hats - one non-political and independent, the other at the heart of government - was the subject of criticism when the Scottish Parliament came into being in 1999.
In 2007 the then first minister, Alex Salmond, decided to depoliticise the job by reducing the number of occasions when the Lord Advocate would attend Cabinet meetings.
In 2018, the Scottish Conservatives raised concerns that that policy had fallen away, with the current Lord Advocate James Wolffe QC attending a majority of those meetings. The Scottish government said his attendance reflected how many legal issues were coming before the Cabinet.
Now an almighty row has broken out over the Crown's intervention in the affair that is rocking Scottish politics.
A Holyrood committee is trying to investigate the Scottish government's handling of harassment complaints against Mr Salmond.
The Scottish Parliament Corporate Body chose to publish Mr Salmond's submission on whether his successor Nicola Sturgeon had breached the Ministerial Code.
The Crown then raised "grave concerns" about its publication, in the belief that some of its contents could amount to a contempt of court.
The move appeared to raise the mind-bending prospect of Scotland's prosecution service dragging the Scottish Parliament in front of three judges in Scotland's High Court. Organisations found guilty of contempt face an unlimited fine and individuals can be jailed for up to two years.
Holyrood's corporate body withdrew the document and published a redacted version, prompting a furious response from opposition parties, and Mr Salmond.
Lord Advocate: "The decisions in relation to this matter were made by senior professional prosecutors acting independently."
In response, Mr Wolffe has repeated his position that he has had no personal involvement in decisions involving the former first minister. He stressed the independence of senior Crown Office lawyers who are taking these decisions and even felt the need to tell MSPs he has no party political affiliations.
Mr Wolffe said the Crown's "sole interest" had been securing compliance with the contempt of court order laid down in the High Court and designed to protect the anonymity of the women involved in the case.
This is the second of two storms currently facing the Crown Office.
Despite its daily work in securing convictions in the courts, its reputation has been battered by the failed prosecution of individuals linked to Rangers FC and the payment of tens of millions of pounds in damages. At some point in the future, that will be the subject of another inquiry.
As for the Lord Advocate, if Scottish politicians believe his dual role should come to an end, they'll have the opportunity to put that to voters at the next general election.