Department overview | |
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Formed | 1999 |
Jurisdiction | Scotland |
Headquarters | Queen Elizabeth House, Edinburgh |
Minister responsible |
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Department executive |
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Website | gov |
This article is part of a series on |
Politics of the United Kingdom |
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United Kingdomportal |
His Majesty's Advocate General for Scotland is one of the Law Officers of the Crown, whose duty it is to advise the Crown and His Majesty's Government on Scots law. The Office of the Advocate General for Scotland is a ministerial department of the Government of the United Kingdom. [1] The position is currently occupied by Catherine Smith KC. [2]
The office of Advocate General for Scotland was created in 1999 by the Scotland Act 1998 to be the chief legal adviser to the United Kingdom Government on Scots law. This function had previously been carried out by the Lord Advocate and Solicitor General for Scotland, who were transferred to the Scottish Government on the establishment of the Scottish Parliament. The office of the Advocate General for Scotland should not be confused with that of "His Majesty's Advocate", which is the term used for the Lord Advocate in Scottish criminal proceedings.
Portrait | Name (birth–death) | Term of office | Party | Ministry | Ref. | ||
---|---|---|---|---|---|---|---|
The Right Honourable Lynda Clark Baroness Clark of Calton [a] PC QC (born 1949) | 19 May 1999 | 18 January 2006 | Labour | Blair I | [3] | ||
Blair II | |||||||
The Right Honourable Neil Davidson Baron Davidson of Glen Clova QC (born 1950) | 21 March 2006 | 11 May 2010 | [4] | ||||
Blair III | |||||||
Brown | |||||||
The Right Honourable Jim Wallace Baron Wallace of Tankerness PC QC (born 1954) | 14 May 2010 | 8 May 2015 | Liberal Democrat | Cameron–Clegg ( Con.–LD ) | [5] | ||
The Right Honourable Richard Keen Baron Keen of Elie PC QC (born 1954) | 29 May 2015 | 16 September 2020 | Conservative | Cameron II | [6] | ||
May I | |||||||
May II | |||||||
Johnson I | |||||||
Johnson II | |||||||
The Right Honourable Keith Stewart Baron Stewart of Dirleton KC (born 1965) | 15 October 2020 | 5 July 2024 | [7] [8] [9] | ||||
Truss | |||||||
Sunak | |||||||
The Right Honourable Catherine Smith Baroness Smith of Cluny KC (born 1973) | 29 August 2024 | present | Labour | Starmer | [10] | ||
The first holder of the office was Lynda Clark, then Member of Parliament for Edinburgh Pentlands and from 2005 a member of the House of Lords as Baroness Clark of Calton. On 18 January 2006, Baroness Clark resigned to take up office as a Senator of the College of Justice, a judge of the Supreme Courts of Scotland.
The office was then vacant until 15 March of that year when, under section 87 of the Scotland Act 1998, its functions were temporarily conferred on the Secretary of State for Scotland, Alistair Darling MP, himself a Scottish advocate.[ citation needed ]
There had been substantial criticism from the judiciary and others of the length of time the office had been left vacant.[ citation needed ] On 21 March, however, it was announced Neil Davidson, former Solicitor General for Scotland, had been appointed Advocate General. He was created a life peer, as Baron Davidson of Glen Clova, on 22 March 2006.
On 14 May 2010, Jim Wallace, Baron Wallace of Tankerness, a former Deputy First Minister of Scotland, was appointed by the coalition government.
Richard Keen was appointed Advocate General in David Cameron's majority government on 29 May 2015, and has retained the post through two subsequent prime ministers to 2020. [11] He was created a life peer, as Baron Keen of Elie, on 8 June 2015. He resigned on 16 September 2020 citing concerns arising from the UK Internal Market Bill, noting in his letter of resignation to Boris Johnson that he found it "increasingly difficult to reconcile what I consider to be my obligations as a Law Officer with your policy intentions". [12]
Keith Stewart was appointed to succeed Keen on 15 October 2020. [13] Catherine Smith was appointed to the office and a life peerage by the Starmer government on 29 August 2024. [10]
The office has a staff of around 40.
All staff are on secondment or loan from other government organisations, mainly the Scottish Government and the Ministry of Justice. [14]
Offices of the Advocate General
The Scottish Government is the executive arm of the devolved government of Scotland. It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution. Its areas for responsibility of decision making and domestic policy in the country include the economy, education, healthcare, justice and the legal system, rural affairs, housing, the crown estate, the environment, the fire service, equal opportunities, the transportation network, and tax, amongst others.
The first minister of Scotland (Scottish Gaelic: prìomh mhinistear na h-Alba,, formally known as the First Minister and Keeper of the Scottish Seal, is the head of government of Scotland and the leader of the Scottish Government, the executive branch of the devolved government of Scotland. The first minister also serves as the keeper of the Great Seal of Scotland whilst in office.
Lynda Margaret Clark, Baroness Clark of Calton, known as Lady Clark of Calton, is a Scottish judge. She was formerly the Labour Member of Parliament for Edinburgh Pentlands. She was Advocate General for Scotland from the creation of that position in 1999 until 2006, whereupon she became a Judge of the Court of Session in Scotland.
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His Majesty's Advocate, known as the Lord Advocate (Scottish Gaelic: Morair Tagraidh, is the principal legal adviser of both the Scottish Government and the Crown in Scotland for civil and criminal matters that fall within the devolved powers of the Scottish Parliament. The Lord Advocate provides legal advice to the government on its responsibilities, policies, legislation and advising on the legal implications of any proposals brought forward by the government. The Lord Advocate is responsible for all legal advice which is given to the Scottish Government.
His Majesty's Solicitor General for Scotland is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Scottish Government on Scots Law. They are also responsible for the Crown Office and Procurator Fiscal Service which together constitute the Criminal Prosecution Service in Scotland.
The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the sheriffdom procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare.
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