Tory Pledge to Reform Scotland's Top Legal Role Following Murrell Memo Revelations
Conservative leader Kemi Badenoch has announced that a future UK Conservative government would dismantle the dual role of Scotland's Lord Advocate, separating the position's prosecutorial and governmental advisory functions. This significant constitutional proposal was unveiled during her address to the Scottish Conservative conference in Edinburgh on Friday, February 20, 2026.
Conflict of Interest Concerns Prompt Reform Vow
The announcement follows the disclosure that Lord Advocate Dorothy Bain KC informed First Minister John Swinney on January 19 about former SNP chief executive Peter Murrell being charged with embezzling approximately £460,000 from the party. This notification occurred weeks before the indictment became public knowledge, sparking intense political controversy.
"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," Badenoch declared to conference delegates. "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."
Currently, the Lord Advocate serves simultaneously as Scotland's head of prosecutions and the Scottish Government's principal legal adviser, appointed directly by the First Minister. This arrangement was established under the Scotland Act 1998, meaning Westminster would need to legislate for any structural change.
Political Fallout and Accusations
The controversy has ignited fierce exchanges at Holyrood, with Scottish Conservative leader Russell Findlay accusing First Minister John Swinney of "faux outrage" during a heated First Minister's Questions session on Thursday. Findlay, speaking on BBC Radio Scotland ahead of the conference, asserted that the Lord Advocate's memo provided political advantage to the SNP government.
"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," Findlay stated. "The whole sorry mess stinks of corruption – it's not normal what happened and it's not right what happened."
He further questioned the Lord Advocate's recusal from the Murrell case, noting: "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."
Defence of the Lord Advocate
In response to the allegations, both the Lord Advocate and First Minister have mounted robust defences. Dorothy Bain KC "roundly rejects" any suggestions of corruption, while John Swinney expressed "absolute confidence" in her capabilities during Thursday's parliamentary session.
"Dorothy Bain is an outstanding prosecutor, she is an outstanding lawyer, she has 40 years of unimpeachable service to the public interest in Scotland," Swinney told Holyrood. "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."
Legal Proceedings and Constitutional Implications
Meanwhile, Peter Murrell's legal proceedings continue to unfold. A preliminary hearing originally scheduled for Friday at Glasgow's High Court has been postponed to May 25 at the High Court in Edinburgh.
The Conservative proposal raises significant constitutional questions, as any alteration to the Lord Advocate's role would require Westminster legislation. It remains unclear whether the party intends to introduce a specific bill before the next general election or incorporate the change into a broader manifesto commitment.
This development marks a potentially major shift in Scotland's legal-political landscape, with the Conservatives positioning themselves as reformers of what they perceive as an outdated and conflicted constitutional arrangement.
