Scottish Labour Demands Investigation into Lord Advocate's Ministerial Code Conduct
Scottish Labour has formally called for an investigation into whether the Lord Advocate breached the ministerial code by sharing information about the prosecution of former SNP chief executive Peter Murrell with First Minister John Swinney. The party's deputy leader, Dame Jackie Baillie, has written to the Scottish Government's Independent Advisers on the Ministerial Code, urging them to examine potential violations.
Timing of Information Sharing Raises Concerns
It emerged last week that Lord Advocate Dorothy Bain KC informed First Minister John Swinney on January 19 that Peter Murrell had been charged with embezzling approximately £460,000 from the SNP. This disclosure occurred weeks before the indictment was made public, raising questions about the timing and propriety of the communication.
In her letter, Dame Jackie Baillie expressed serious concerns about whether this information provided the First Minister with a potential political advantage and whether Parliament was misled about the status of the indictment. She emphasized that the ministerial code requires ministers to provide Parliament with honest and accurate information and to correct any inadvertent inaccuracies promptly.
Dual Role of Lord Advocate Under Scrutiny
The Lord Advocate holds a unique dual role in Scotland, serving as both the head of prosecutions and the Government's chief legal adviser, appointed by the First Minister. This constitutional position makes the independence of prosecutorial decisions from political interests particularly sensitive.
Dame Jackie wrote, "I am concerned that the Lord Advocate's handling of this matter raises serious questions about the accuracy of what was said to Parliament and whether the First Minister and his political advisers received access to prosecutorial information that was not available to the public and media, creating a potential political advantage."
Specific Allegations and Requests for Investigation
The Scottish Labour deputy leader urged the independent advisers to consider launching an investigation into several specific potential breaches:
- Whether Parliament was misled by the Lord Advocate's description of the indictment's status
- Whether non-public prosecutorial information was improperly disclosed to the First Minister and/or SNP advisers
- Whether such disclosures violated the ministerial code's requirements for transparency and accuracy
Dame Jackie emphasized, "The victim of this matter is not any individual politician, but the integrity of the system and those who have a right to expect that Scotland's institutions are not used in a way that advantages a governing party."
Response from Lord Advocate and Legal Proceedings
Last week, Lord Advocate Dorothy Bain KC appeared at Holyrood to address the matter, stating that sharing information about the indictment did not confer any political advantage. The Scottish Government and Crown Office have been approached for comment but have not yet issued formal statements.
Meanwhile, Peter Murrell's legal proceedings continue. He had been expected to appear at the High Court in Glasgow for a preliminary hearing on February 20, but this has now been rescheduled to May 25 at the High Court in Edinburgh.
Dame Jackie Baillie concluded her letter by stating, "I am in no way seeking to question the Lord Advocate's record as a prosecutor or detract from her accomplishments. However, the public do deserve answers about this worrying incident." The independent advisers must now decide whether to proceed with a formal investigation into these serious allegations.
