Law Officers
The next item of business is consideration of motion S3M-67, in the name of the First Minister, on the appointment of law officers.
This morning I wish to complete the ministerial team. I advise the Parliament that I have asked the Rt Hon Elish Angiolini QC to continue in office as Lord Advocate, and I will move a motion seeking the Parliament's agreement to the appointment of Mr Frank Mulholland QC as Solicitor General for Scotland.
The ancient offices of Lord Advocate and Solicitor General are woven into this nation's history, dating back to the time of the old Scots Parliament, before the act of union. The position of Lord Advocate goes as far back as the 15th century. Over the centuries, the offices of Lord Advocate and Solicitor General have become pillars of our nation's proud and independent system of public prosecution and of the provision of sound advice to Government. Elish Angiolini and Frank Mulholland will continue that proud tradition, and I am pleased to recommend them to Parliament.
I turn first to the Lord Advocate. Many, including my predecessor as First Minister, have paid tribute to Elish's considerable achievements and abilities. I share their assessment, and my decision to ask Elish to continue in this position is a clear signal of the inclusive approach that we will take in government. That approach is based on ideas and ability, not on any other factor.
Elish has served with distinction throughout her career and has consistently broken new ground. She was the first woman regional procurator fiscal and the first regional fiscal and first woman to be appointed as Scotland's Solicitor General. She was also the first woman to be appointed Lord Advocate. Now she will make history again as the first Lord Advocate in modern times to be asked to stay in post after a change of Government. Let me repeat that: this is the first time in the democratic era that the Lord Advocate has served Administrations of a different political hue.
All, however, will not be quite the same as before. Traditionally, the Lord Advocate, assisted by the Solicitor General, has had two main functions: first, to head the systems of prosecution and investigation of deaths in Scotland; and, secondly, to provide legal advice to ministers. The efficient and effective prosecution of crime is one of the most important responsibilities of any Government, and I expect the law officers to continue to treat that as their fundamental responsibility.
The second function is also of the highest importance. The Scottish Government is a constitutional Government, and like our predecessors we will not knowingly act outside the law. For that purpose, it is essential for the Cabinet to have ready access to sound legal advice, including on difficult matters, from the law officers themselves. All that will continue.
However, the involvement of the law officers in the political operations of Government is, in my view, unnecessary and inappropriate, so I have decided that the Lord Advocate will not be a member of the Cabinet and will not normally attend meetings. That will emphasise the apolitical and professional role that the Lord Advocate and I have agreed is appropriate in the provision of legal advice to Government.
Naturally, if there is some particular matter relating to the prosecution function or some civil matter that should be discussed jointly by Cabinet, the Lord Advocate will attend. In addition, she has the right to address Cabinet, as she has the right to address this chamber. However, the separation from the political operation of Government will ensure that the law officers can focus on improving our prosecution service and providing the expert and impartial legal advice that Cabinet requires. In the wake of the Shirley McKie case and other difficult circumstances, I believe that that will help to rebuild the trust and confidence of the people of Scotland in our justice system.
My formal nomination today is for Scotland's new Solicitor General. I wish to express the gratitude of the whole chamber to John Beckett QC for the contribution that he has made as Solicitor General. He has played a significant role in our justice system, leading a number of high-profile trials and appeals.
His replacement will be Frank Mulholland QC. Mr Mulholland has had a distinguished career in the Crown Office and Procurator Fiscal Service, spanning more than 20 years. He has real and robust experience of prosecution, including many high-profile cases. A senior advocate depute, he prosecuted the Transco case, a major trial after the death of a family as a result of a gas explosion. The case resulted in a fine of £15 million, the largest fine ever imposed in the United Kingdom in a health and safety case. He has also prosecuted many murder cases over the years.
Mr Mulholland has been area procurator fiscal for Lothian and Borders since January last year, leading advocacy training for the prosecution service and supervising the investigation of major cases, including the World's End murders. He has also continued to prosecute in the High Court as an advocate depute. He will make a fine Solicitor General.
The nominations reflect my determination to build a Scotland that is stronger and safer. We have a justice system that is one of the world's most respected and that secures the confidence of the Scottish public. As Lord Advocate and Solicitor General, Elish Angiolini and Frank Mulholland will provide the leadership, integrity and talent needed to modernise and reform Scotland's justice system. I have confidence in their abilities, and I know that they will serve this nation with distinction.
Under the Scotland Act 1998, the Lord Advocate continues in office without the requirement of any formal procedure. I accordingly propose that the Parliament agrees that it will be recommended to Her Majesty that Mr Frank Mulholland QC be appointed as the new Solicitor General for Scotland.
I move,
That the Parliament notes that Elish Angiolini QC holds the office of the Lord Advocate on the recommendation of the Parliament agreed to on 5 October 2006 (S2M-4924) and agrees that it be recommended to Her Majesty that Frank Mulholland QC be appointed as Solicitor General for Scotland.
For the record, my group will support the motion in the name of the First Minister and support both the continuation of Elish Angiolini as Lord Advocate and the appointment of Frank Mulholland QC as the new Solicitor General. When I decided at the beginning of my term as First Minister to move the law officers in Scotland to a position more independent of party politics, this is exactly the circumstance that I hoped to see develop.
I am delighted that the First Minister has agreed that Elish Angiolini's appointment as Lord Advocate will continue. That is entirely appropriate, not just because Elish Angiolini was the first woman to be appointed to that post but, more important, because she has been so independent of party politics. She was a prosecutor and her background as a solicitor made her appointment, which was a mark of her talents, even more historic. It is right that she enjoys the confidence of all members of the Parliament and I am pleased that she will be able to continue with the reforms in which she has been closely involved in recent years as Lord Advocate and during her period of office as Solicitor General for Scotland, when Colin Boyd was Lord Advocate.
I am disappointed that the First Minister has not taken the same approach to John Beckett QC, whose appointment as Solicitor General for Scotland last autumn was made on exactly the same basis as the appointment of the Lord Advocate. John Beckett had been a highly effective prosecutor and he took a risk when he accepted the appointment in the knowledge that elections would take place in six months' time, after which his position might be in doubt. He and I had little contact in the six months after his appointment, when I was First Minister, because the two law officers were busy with their duties, but I understand that he performed to a high level. I am sure that many people, who acknowledge the effective prosecutions that he saw through, wanted him to have a chance to carry through the reforms with which he was closely involved. I thank him for taking the risk and serving the country and I wish him all the best for the future. [Applause.]
Having said that, I am delighted to support the recommendation for the appointment of Frank Mulholland QC, who has had a respected career and is well regarded in and outwith the legal profession. I am sure that he will be an effective and independent Solicitor General for Scotland. It is appropriate that the change that has taken place has led to the appointment of someone who can hold the office in the regard that it should have among all members of the Parliament, by being independent of party politics. I wish Frank Mulholland all the best and we will support his appointment.
My predecessor as First Minister made the significant decision to take the Lord Advocate out of a voting position in the Scottish Cabinet. I thought that he was right to do so. I continued the practice and I support the First Minister's intention to continue the practice. I will not comment on whether the Lord Advocate should attend Cabinet, which is entirely a matter for the First Minister.
We whole-heartedly support the motion on the continuation in office of one law officer and the recommendation for appointment of the other. We wish the law officers every success. They will be given every support from the Labour benches.
We, too, welcome the continuation of Elish Angiolini's appointment and the recommendation that Frank Mulholland be appointed as Solicitor General for Scotland.
The decision to have a much clearer separation of the Lord Advocate's roles as prosecutor and Government adviser is wise. When the appointments were made some six months ago, as Mr McConnell said, we were concerned about how the two roles seemed to have become a little confused over the years. The approach that is proposed today will allow the appropriate and professional separation of the roles, which we welcome.
We have no difficulty in welcoming the continuation of Elish Angiolini's appointment. She is an experienced prosecutor, she was a successful Solicitor General for Scotland, and she is a successful Lord Advocate. She is popular, but, more important, she is universally respected in and outwith the legal profession. We are particularly pleased that she is to remain in office and we look forward to working with her.
Frank Mulholland is also an experienced prosecutor, as the First Minister said. He was one of the first prosecutors to avail themselves of opportunities to seek the qualification of solicitor advocate, which were provided by the most recent Conservative Government—he exploited those opportunities to the maximum extent. It was the unanimous view of the members who considered the matter during the first session of the Parliament that able solicitors advocate in the Crown Office and Procurator Fiscal Service should be able to maximise their qualifications and not only secure rights of audience in the supreme courts but prosecute successfully in high-profile cases, and Frank Mulholland has ensured that that has happened. We welcome his appointment and look forward to working with him.
The appointments are wise. The caveats about the Lord Advocate's role and connection with the Cabinet are valuable. We applaud the approach that has been taken, which will result in a constructive attitude to such matters in the times ahead.
When the new Government was formed, the Liberal Democrats said that we would be adventurous and constructive in opposition, which means that we will praise good decisions and criticise bad ones.
The decision on the law officers is, without question, a good one. In fairness to the First Minister's predecessors, I should say that the approach that has been taken follows the train of developments since the Scottish Parliament was set up, as Jack McConnell said. It was right to take the approach further, so on behalf of the Liberal Democrat group I welcome the fresh approach and the continuity that are reflected in today's announcements.
I know Elish Angiolini. Our paths have crossed in one or two ways, not least in the Scottish Government in recent years. I do not know Frank Mulholland, but I hear good reports of him and I think that both appointments are good. Elish Angiolini's interests range across a wide hinterland beyond her obvious interest in the prosecution system, which gives her a depth of approach that adds to the freshness and the abilities that she has brought to the positions of Solicitor General for Scotland and Lord Advocate. I wish her and Frank Mulholland great success.
The First Minister gave us a little historical background to the two appointments. There were times when the Lord Advocate practically ruled Scotland, so I hope that the First Minister is not pushing a rival down the pecking order to avoid a challenge to his somewhat shaky position.
Emphasis has been placed on the prosecutorial roles of the Lord Advocate and the Solicitor General for Scotland, but a word is needed on the question of legal advice to the Cabinet. In the interesting constitutional times into which we are moving, the need for adequate, independent and solid advice to the Scottish Government is particularly important. Issues to do with our relationship with the United Kingdom Government and beyond will clearly arise, on which the advice given to the Scottish Executive will need a solid foundation. We live in interesting times and the decision that has been announced is important and historic. On behalf of the Liberal Democrats, I welcome the decision whole-heartedly and wish the law officers extremely good fortune in the years to come.
I speak briefly in support of the motion. As the first woman to speak in the debate, I very much welcome the continuing appointment of Elish Angiolini, who has done a fantastic job as Lord Advocate and as Solicitor General for Scotland.
I particularly support the recommendation to appoint Frank Mulholland, for whom I have the highest regard, as Solicitor General for Scotland. As members know, he was the prosecutor in the Transco trial that followed the incident in which four of my constituents died. Throughout his conduct of the trial and his dealings with the victims' family, he was thorough, professional and compassionate. He will bring most welcome skills to the job and I know that the family supports his appointment.
I thank Jack McConnell, Bill Aitken, Robert Brown and Karen Gillon for their positive and constructive remarks.
I say to Bill Aitken and Robert Brown that I am well aware of the historical powers and authority of Lord Advocates. For a time, my office at 36 St Andrew Square was in what had been Henry Dundas's drawing room. That building, which is set back from the square, used to be the head office of the Royal Bank of Scotland. As some members will know, the design of Edinburgh's new town shows that, for symmetry, there should have been a church at that end of George Street. However, the then Lord Advocate, Henry Dundas, wanted the site for his town house, so the church was moved to beside where the George hotel is. In the light of that historical experience, I will be looking very closely at the workings of the Edinburgh property market, Elish. That story leaves no doubt about the authority of Lord Advocates.
Two points have been alluded to. I welcome the general support across the chamber for the separation of powers and the clear division between the political and the judicial and between politics and the prosecution service. It is a welcome development that there is so much consensus in the Parliament on the importance of that move. I freely acknowledge the role that Henry McLeish and Jack McConnell have played in making progress in that direction, and I see what I have outlined today as a continuation of that process.
My thinking on the matter has been informed by the experience south of the border. As those members who have followed closely the position of the Attorney General on a number of issues, but particularly in relation to the war in Iraq, will be aware, there is no doubt that, south of the border, there is at least the suspicion that the law officers' independence has been compromised by the political process.
Where is the evidence?
The evidence is there for all to see. If the matter ever came to court in a prosecution, the result would not be in doubt.
It is important for the Parliament that the consensus is to ensure not just that the law officers are independent of politics, but that they are seen to be independent of politics. That will lead to the whole community of Scotland having greater confidence not just in our legal system and our law officers, but in the Parliament, which we should all welcome.
The question is, that motion S3M-67, in the name of the First Minister, on the appointment of law officers, be agreed to.
Motion agreed to.
That the Parliament notes that Elish Angiolini QC holds the office of the Lord Advocate on the recommendation of the Parliament agreed to on 5 October 2006 (S2M-4924) and agrees that it be recommended to Her Majesty that Frank Mulholland QC be appointed as Solicitor General for Scotland.
I add my personal congratulations to Elish Angiolini and Frank Mulholland on their appointments and wish them every success.
Before we move to the next item of business, I advise members that an error has been made in section A of the Business Bulletin, which should specify, in line with the agreed business motion, that the Executive debate on the approach to government will commence at 2.15. Section A is being reprinted. Business this morning will be suspended on conclusion of the ministerial statement and questions on ship-to-ship oil transfer.