Dorothy Bain KC

The SNP pledged to consider reforms in the wake of the Alex Salmond case and the police investigation into the SNP’s finances. A consultation on the matter was promised in the SNP’s 2021 Holyrood election manifesto but was delayed during Nicola Sturgeon’s tenure.

The Scottish government has now appointed Malcolm McMillan, a former chief executive of the Scottish Law Commission, to conduct research that looks at the functions of the head of the prosecution service and government law officers in other jurisdictions.

A Scottish government spokesman said: “As protected within the Scotland Act, the law officers operate entirely independently of any other person as they undertake their prosecutorial and investigation of deaths functions.

“The consultation on the functions of the Law Officers is proceeding as planned. Development of the consultation is to be informed by an initial phase of expert research, which is under way.”

He added: “This research will ensure a detailed baseline understanding of the distinct roles and functions of the Law Officers and will provide information on how the functions of Law Officers operate in other countries.”

Scottish Lib Dem justice spokesman Liam McArthur said: “It has been clear for some time that the role of the Lord Advocate needs to be split to end the perceived conflicts of interest.

“This has never been a reflection of the integrity of the incumbent, but rather a recognition that it is less than ideal for decisions over prosecutions to be taken by the same person responsible for giving the First Minister legal advice.

“This is as true now during the SNP finance probe as it was during the investigations into allegations of harassment by the former first minister. Having consistently argued for reform, Scottish Liberal Democrats welcome this move to consult. Any consultation and research undertaken, however, must be both comprehensive and thorough so that robust reforms can be put in place.”

A poll conducted by Scottish Legal News more than two years ago found that an overwhelming majority of Scots lawyers wanted the role split.