Scottish Government announces review of law officers

The Scottish Government has announced it will establish an independent review of the future functions and responsibilities of the Scottish law officers.  

First Minister John Swinney informed the Scottish Parliament that the review will be chaired by Lord Boyd of Duncansby.

It will begin work in the new year and is expected to publish its report in the latter part of 2027.

It comes after the Scottish Government commissioned Malcolm MacMillan to carry out detailed research into the history and the functions of the law officers. The report was published earlier this year, and found the current situation to be "appropriate".  

Following the publication of the report, the first minister confirmed to the chamber in June that he would continue to engage on the matter and said it is "vitally important that we approach any reform of the law officers' roles in Scotland in an open and thoughtful way to ensure that the significant constitutional, legal, and operational issues are thoroughly explored".  

"Only then can parliament have a fully informed discussion over whether any changes should be made to those roles," he told MSPs.

"No system, however longstanding, should be beyond examination; it is right that we consider whether the current arrangements continue to serve modern Scotland as effectively as they can."

Swinney said he is "confident" that Lord Boyd, who served as Lord Advocate and Solicitor General between 2000-2006 and 1997-2006 respectively, will "engage widely and openly to ensure that all relevant views are heard".

He continued: "The review will examine the advantages and disadvantages of making changes to the current arrangements, that will consider the strengths and weaknesses of alternative models, engage with the legal, constitutional, and practical implications of reform, and make recommendations to Scottish ministers. Crucially, the review will approach these issues with an open mind. It will follow the evidence to where it leads, whether that is to reforms or to maintaining the status quo."

The Lord Advocate is the government's principal legal adviser and serves a ministerial role. Despite not being a cabinet member, they attend when required to provide legal advice and to represent their ministerial interests. It is also leads the Crown Office and Procurator Fiscal Service.

The role has been under scrutiny over the last decade, and previously Scottish Conservative leader Russell Findlay called for the dual role to be binned, while Kemi Badenoch suggested she would divide the responsibilities, calling the current situation "a conflict of interest".