Joanna Cherry: 'Perception of conflict of interest' with Lord Advocate over Alex Salmond investigation, Rangers FC and SNP finances scandal

Joanna Cherry has said there was a "perception of a conflict of interest" with the Lord Advocate role in Scotland during the Alex Salmond investigation, the Rangers FC malicious prosecutions and the ongoing Police Scotland investigation in SNP finances

Joanna Cherry’s bid to separate the Lord Advocate’s role into two distinct jobs comes following “a perception of a conflict of interest”, the MP has said.

Ms Cherry said the investigation into former first minister Alex Salmond, the malicious prosecutions at Rangers Football Club and the live police investigation of the SNP’s finances have “brought to the fore” concerns over the Lord Advocate’s dual role as both head of Scotland’s prosecution service, and the Scottish Government’s chief legal adviser.

The Edinburgh MP has brought forward a Bill in Westminster that would devolve the power to amend the law officer’s role to the Scottish Parliament.

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Ms Cherry said she believed she had “cross party support” for the Bill.

“It was in the SNP manifesto to look at the role and, in fact, the Scottish Government is currently coming to the end of a period of expert research in the role which I believe is about to be published and the Scottish Government is committed to completing its review into the role by the end of this Parliament,” she told the BBC.

“Recently in the chamber at Westminster both Alistair Jack, the Scottish secretary, and Ian Murray, Labour's shadow Scottish secretary, have expressed support for separating the roles and it was in the Labour manifesto and Lib Dem manifesto.

“I've got support from my Bill at the moment from SNP colleagues, from the Lib Dems and from the Alba party, and I'll be surprised if I don't get support from Labour and the Tories.”

The Lord Advocate has occupied a dual role since Scottish devolution was established in 1999, but the position of Lord Advocate has its roots in the pre-union, independent Scotland.

As the Scottish Government’s principal legal advisor, the Lord Advocate is a member of the government and head of the Crown Office – Scotland’s criminal prosecution service.

All criminal cases are brought in the name of the Lord Advocate, and when the Crown Office determines it is in the public interest to bring criminal charges in a case, the Lord Advocate is ultimately accountable.

This has the potential to lead to a conflict of interest, in cases where the Scottish Government appears to have a political interest in a criminal case being brought forward. Supporters of Mr Salmond frequently alleged the criminal charges against him were politically motivated.

This is in contrast with England, where the Director of Public Prosecutions is a role held by a legal practitioner, at one time now Labour leader Sir Keir Starmer, and completely independent from governmental structures.

Ms Cherry said: “If you look back into not-too-distant history, back in 2000, just after the Scottish Parliament was set up, there was a furore over the constitutional role of the Lord Advocate around concerns about the Lockerbie trial, and the growing importance of the European Convention of Human Rights under devolution.

“At that time, the Lord Advocate had a role in judicial appointments. So concerns about the constitutional role of Lord Advocate go back many years."