TOP lawyer Dorothy Bain QC would be “likely to give a Holyrood referendum bill the green light” after she is installed as the Scottish Government’s senior legal adviser, legal sources have said.

Her appointment as Lord Advocate is expected to be voted through by MSPs on Thursday after her nomination for the role was confirmed this morning by the First Minister in a motion to the Scottish Parliament.

The Lord Advocate holds the dual role of the Scottish Government's most senior legal adviser and the head of the country's prosecution service.

Bain will take over from James Wolffe at a sensitive time following calls for the two roles to be split to avoid any conflict of interest after controversy that surrounded both the Alex Salmond and Rangers cases. 

She will also make a decision on whether or not it is within Holyrood’s powers to hold a referendum on independence. 

Powers over the constitution are reserved to Westminster but there is some debate over whether it would be possible for the Scottish Parliament to sanction a vote.

The First Minister has indicated she will push ahead with Holyrood legislation to enable a new independence referendum should Prime Minister Boris Johnson continue to fail to agree a transfer of powers under a Section 30 order.

Legal sources told The Times that Bain would be “likely to give a referendum bill the green light”. 

Nicola Sturgeon wants a new independence referendum to take place by the end of 2023 so long as the Covid pandemic has passed.

Bain’s impending appointment was welcomed last night by Joanna Cherry QC, the SNP MP who has pushed for Holyrood’s ability to hold a referendum to be tested in court. 

“If this [appointment] is correct I will be delighted to see my dear friend & former boss in @copfs Dorothy Bain QC as head of Scotland’s prosecution service,” Cherry tweeted. “A woman of the highest integrity.”

The SNP MP for Edinburgh South West referred to The Times article in a post on Twitter today.

She wrote: "My positive tweet about this appointment related to Dorothy’s reputation as a prosecutor of great integrity. I don’t know her views on the legality of a referendum & ultimately I support the plans to separate the roles of Chief Prosecutor & Govt legal adviser."

Bain has extensive experience in criminal and civil law. In 2007 she successfully led the prosecution of Peter Tobin at the High Court in Edinburgh for the murder of Polish student Angelika Kluk.

She will be joined in leading the Crown Office by Ruth Charteris QC, who will become solicitor-general.

The First Minister said: "I am extremely pleased to be seeking parliament’s agreement to recommend Dorothy Bain QC and Ruth Charteris QC as Scotland’s law officers.

“Dorothy has extensive experience in both civil and criminal law. She has appeared in cases at all levels, including the Court of Session (Inner & Outer House), the Court of Criminal Appeal, the High Court of Justiciary, the United Kingdom Supreme Court and the European Court of Human Rights.

“Dorothy was the first woman to be appointed as Principal Advocate Depute and has conducted many complex and high profile criminal prosecutions and appeals.  She is currently Counsel to the Investigatory Powers Tribunal in Scotland and a serving Chair of the Police Appeals Tribunal.

“Ruth was a Standing Junior to the Scottish Government from 2012 and was Second Standing Junior to the Scottish Government from 2016 - 2020.  On taking Silk she moved into Crown Office to become a full-time Advocate Depute.”

Bain QC said: “I am honoured to be nominated by the First Minister to hold the office of Lord Advocate. I am conscious of the responsibilities and importance of the role and, if appointed, will do my best to serve the people of Scotland.”

Charteris QC said: “I am extremely honoured to be recommended for appointment and, if approved by Parliament, look forward to working with Dorothy Bain.”

The First Minister thanked both Wolffe and current solicitor general Alison Di Rollo for their service.

She said: “James has been Lord Advocate during an extraordinary and challenging time and has repeatedly demonstrated his outstanding ability, personal integrity and commitment to the rule of law within Government. 

“As well as those attributes, I would like to pay tribute to the sheer hard work and dedication he has shown during his years in office.

“In her role as Solicitor General, Alison has been tireless in her support for the Lord Advocate, the work of lawyers within Government and of the Crown Office and Procurator Fiscal Service.“I thank both James and Alison for their dedicated service to the Government, to justice and to Scotland as a whole.”