Tories Vow Constitutional Change for Scotland's Top Law Officer
Conservative leader Kemi Badenoch has pledged that a future UK Conservative government would end the dual role of Scotland's Lord Advocate, separating the position's prosecutorial and governmental advisory functions. The announcement was made during her address to the Scottish Conservative conference in Edinburgh on Friday, February 20, 2026.
Background to the Controversial Announcement
The commitment 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, sparking significant political controversy.
Currently, the Lord Advocate 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 modification would require Westminster legislation.
Badenoch's Conference Declaration
Addressing party members in Edinburgh, Mrs Badenoch stated emphatically: "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. 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."
Her announcement builds upon previous political pressure, with Prime Minister Sir Keir Starmer having urged the First Minister last year to develop proposals for abolishing the dual-role system. However, it remains uncertain whether Labour intends to introduce legislation before the next general election.
Scottish Tory Leader's Accusations
Scottish Conservative leader Russell Findlay had earlier intensified the controversy, accusing First Minister John Swinney of "faux outrage" during a heated First Minister's Questions exchange on Thursday. Mr Findlay, alongside Scottish Labour leader Anas Sarwar, contended that the Lord Advocate's minute provided political advantage to the SNP government.
Speaking on BBC Radio Scotland ahead of the conference, Mr Findlay elaborated: "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. The whole sorry mess stinks of corruption – it's not normal what happened and it's not right what happened."
He further noted that the Lord Advocate, originally appointed by Nicola Sturgeon and retained by John Swinney, had supposedly recused herself from the Murrell case process, yet private communications with sensitive case details had occurred.
Government Defense and Legal Proceedings
In response to the allegations, Lord Advocate Dorothy Bain KC "roundly rejects" any suggestions of corruption, while First Minister Swinney expressed "absolute confidence" in her capabilities. Defending the Lord Advocate in Holyrood on Thursday, Mr Swinney praised her "40 years of unimpeachable service to the public interest in Scotland" and highlighted her record on prosecuting sexual violence cases.
Meanwhile, Peter Murrell's legal proceedings have seen scheduling changes, with his preliminary hearing moved from Glasgow High Court on Friday to May 25 at Edinburgh High Court. The former SNP chief executive faces charges related to the alleged embezzlement of party funds during his tenure.
The Conservative proposal represents a significant constitutional intervention into Scottish legal structures, setting the stage for potential Westminster legislation should the party form the next UK government. The announcement has intensified scrutiny on the relationship between Scotland's prosecution service and its devolved government during a politically sensitive period.
