Tories Pledge Constitutional Reform for Scotland's Top Law Officer
Conservative leader Kemi Badenoch has announced that a future UK Conservative government would legislate to end the dual role of Scotland's Lord Advocate, separating the position's prosecutorial and governmental advisory functions. This significant constitutional pledge was made 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 revelations 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, raising questions about potential political advantage.
"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 told 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."
Westminster Authority Required for Constitutional Change
The Lord Advocate currently serves simultaneously as Scotland's head of prosecutions and the Scottish Government's chief legal adviser, appointed directly by the First Minister. This arrangement was established under the Scotland Act 1998, meaning any alteration requires Westminster legislation.
Speaking to journalists after her conference address, Badenoch indicated openness to proposing legislation before the next general election. "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 explained. "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."
Cross-Party Support and Previous Calls for Reform
Prime Minister Sir Keir Starmer previously urged the First Minister to develop proposals for abolishing the dual role, indicating Labour's support for such reform. The issue has gained renewed urgency following the Murrell case developments and subsequent parliamentary exchanges.
Scottish Conservative leader Russell Findlay accused 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 minute provided political advantage to the SNP government.
"The whole sorry mess stinks of corruption – it's not normal what happened and it's not right what happened," Findlay stated. "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."
Defense of the Lord Advocate's Integrity
In response to the allegations, Lord Advocate Dorothy Bain KC "roundly rejects" any suggestions of corruption. First Minister John Swinney expressed "absolute confidence" in the law officer during Holyrood proceedings on Thursday.
"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 Parliament. "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 Political Implications
Peter Murrell, the estranged husband of former First Minister Nicola Sturgeon, had been scheduled to appear at Glasgow's High Court for a preliminary hearing on Friday. This hearing has now been postponed to May 25 at the High Court in Edinburgh.
The Conservative pledge to reform the Lord Advocate's role represents a significant intervention in Scottish constitutional matters, with potential implications for the separation of legal and political functions in Scotland's devolved governance structure. The proposal will require careful legislative drafting and likely cross-party support to implement, given the constitutional significance of altering arrangements established by the Scotland Act.
