A FORMER Scottish justice secretary has urged changes to the Scotland Act to enable a separation of the Lord Advocate’s powers as both the Scottish Government’s principal legal advisor and head of the prosecution service, the Crown Office.

Kenny MacAskill, who was the Scottish Government’s justice secretary for more than seven years – and who is now an Alba MP – was speaking in an adjournment debate on the role of the Lord Advocate.

He said that before the post of Secretary of State for Scotland was created, the Lord Advocate, “was the power in the land, and some were despotic indeed”, and while the role became purely a legal one, “an anachronism was built in”.

MacAskill said: “That’s something neither replicated elsewhere in the UK nor indeed in any modern democracy, conflict of interest precluding it.

“In England and Wales, an Attorney General advises Government from within. Meanwhile, a Head of the Prosecution Service is both separate and independent from government.

“But not so in Scotland and therein lies the problem.”

He said that apart from the earlier post holders of the “despotic years”, others had acted with the impartiality expected, and modest steps were taken to mitigate the conflict of powers.

“Under Alex Salmond's administration a convention was invoked that the Lord Advocate only appeared at Cabinet when legal advice was to be given and didn’t participate in wider political debate. But the anachronism still lingered,” he said.

“Under Nicola Sturgeon’s administration it has been brutally exposed by both Scottish Government and Crown Office actions, and with the Lord Advocate straddling both. Change is now needed and fast.”

MacAskill said there had been an admission by the outgoing Lord Advocate James Wolffe of malicious prosecutions involving the administrators in the Rangers FC liquidation, which was unprecedented in Scotland since the early 19th century.

“It has caused alarm with the public and been of huge reputational damage in an organisation where impartiality is imperative,” he said.

“It has also caused consternation and anger within police and prosecution services, where the overwhelming majority of staff act without bias and free of any favour or prejudice. The reputation of the many has been traduced by a few.

“It was the former Lord Advocates' decision and seeking to cast blame on his predecessor was shameful and inadequate.”

He said it had been suggested that the final bill could reach £80 million, which would be paid by Scottish taxpayers, and said: “Secondly, and just as alarmingly has been the role of the Lord Advocate, and a coterie around him within the Crown Office, in the Alex Salmond case and the fallout from it.

“Another instance, of the public having to pay the price of government incompetence, with the legal expenses bill in the civil case amounting to £500,000.”

He added: “As a former Justice Secretary and someone who has practised law in Scotland for over 20 years and cherishes our distinct system, I’m appalled at what has happened. And I know that’s echoed in legal circles … changes can be made to the 1998 Act. Changes providing for a complete separation of powers between the head of the prosecution service and the senior government legal advisor. Every modern democracy does and so must Scotland.

“The failures have been too many and the risks too great. For justice has not only to be done but must be seen to be done.”