Cabinet role Until devolution in 1999, all Lords Advocate were, by convention, members of either the
House of Commons or the
House of Lords to allow them to speak for the government. Those who were not already members of either house received a
life peerage on appointment. Since devolution, the Lord Advocate and the
Solicitor General for Scotland are permitted to attend and speak in the Scottish Parliament
ex officio, even if they are not Members of the Scottish Parliament. From 1999–2007, the Lord Advocate attended the weekly Scottish Cabinet meetings. However, after the
2007 election, the new First Minister
Alex Salmond decided that Lord Advocate would no longer attend the Scottish Cabinet, stating he wished to "de-politicise" the post. The Lord Advocate attends meetings of the Scottish cabinet on request by government ministers, and is permitted to view all cabinet papers in advance of meetings of the cabinet. If the Scottish cabinet is discussing matters relating to the Crown Office and Procurator Fiscal service, the Lord Advocate, or the Solicitor General of Scotland, will often be in attendance at cabinet meetings as a representative of the Crown Office and Procurator Fiscal service. Wider accountability of the Lord Advocate is an important aspect of the role, and whilst not an MSP, the Lord Advocate is entitled to engage in parliamentary proceedings but is not entitled to vote on legislation proposed by the parliament as they are not an elected incumbent MSP.
Legal functions The Lord Advocate is the principal legal advisor to the Scottish Government, and is responsible for advising the government on legislative competence of Scottish legislation, general legal issues as well as having responsibility for the provision of legal advice to the Scottish Government. The Lord Advocate also has the responsibility of providing legal advice to Scottish Government Directorates and the Parliamentary Counsel Office who are responsible for drafting the legislative programme of the Scottish Government. The Lord Advocate is a member of the Cabinet Sub-Committee on Legislation and has an oversight on the drafting of government bills by Parliamentary Counsel in Parliamentary Counsel Office. Prior to a bill being presented to the Scottish Parliament, the proposing minister must state that it either is or is not within the legislative competence of the Scottish Parliament, with the Lord Advocate and Solicitor General of Scotland being ultimately responsible on making a final decision as to whether the proposed bill is or is not within the parliaments legislative competence. The Lord Advocate may refer a Bill to the Supreme Court within the four week period after it is passed by the Parliament, for a final decision as to whether any proposed bill, or any of its provisions, are outside legislative competence of the Scottish Parliament. The selection of counsel is the responsibility for the Lord Advocate, who approves a list of junior counsel (Standing Junior Counsel) who may be instructed by SGLD in litigation involving the Scottish Government. In cases where that is considered appropriate senior counsel will also be instructed. The approval of the Lord Advocate is sought in relation to the appointment of senior counsel for a particular piece of litigation, and on occasion, one of the Law Officers will be present in court in order to represent the Scottish Ministers.
Crown Office The
Crown Office and Procurator Fiscal Service is headed by the Lord Advocate and the
Solicitor General for Scotland, and is the
public prosecution service in Scotland. It also carries out functions which are broadly equivalent to the
coroner in
common law jurisdictions. Incorporated within the Crown Office is the Legal Secretariat to the Lord Advocate. The Crown Agent is the principal legal adviser to the Lord Advocate on prosecution matters. He or she also acts as Chief Executive for the department and as solicitor in all legal proceedings in which the Lord Advocate appears as representing his or her own department. They issue general instructions for the guidance of Crown counsel, procurators fiscal, sheriff clerks and other public officials; transmit instructions from Crown counsel to procurators fiscal about prosecutions; and in consultation with the Clerk of Justiciary, arrange sittings of the
High Court of Justiciary. At trials in the High Court in Edinburgh, they attend as instructing solicitor. They are assisted by other senior legal, managerial and administrative staff. The Crown Agent also holds the office of
King's and Lord Treasurer's Remembrancer. The Lord Advocate is one of the Commissioners for the Keeping of the
Regalia of Scotland. ==Calls for reform==