Solicitor General for Scotland
{{Short description|Law officer}}
{{Use British English|date=September 2019}}
{{Use dmy dates|date=September 2019}}
{{Infobox official post
| post = Solicitor General for Scotland
| native_name = {{langx|gd|Àrd-neach-lagha a' Chrùin an Alba}}
| body =
| insignia = Crest of the Kingdom of Scotland.svg
| insigniasize = 110px
| image = File:Official Portrait of Ruth Charteris QC.png
| incumbent = Ruth Charteris
| incumbentsince = 22 June 2021
| department = Crown Office and Procurator Fiscal Service
| type = Law officer of the Crown
| appointer = Monarch on the advice of the First Minister
| member_of = Scottish Cabinet
Cabinet Sub-Committee on Legislation
Scottish Government Legal Directorate
| reports_to = First Minister
| salary = £115,700 per annum {{small|(2023)}}{{cite web |title=MSP salaries |url=https://www.parliament.scot/msps/msp-salaries |website=parliament.scot |date=5 April 2023 |publisher=The Scottish Parliament}}
| termlength =
| succession =
| website = [https://beta.gov.scot/about/who-runs-government/cabinet-and-ministers/solicitor-general/ Scottish Government {{!}} Solicitor General]
}}
His Majesty's Solicitor General for Scotland ({{langx|gd|Àrd-neach-lagha a' Chrùin an Alba}}) 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.
Together with the Lord Advocate, the Solicitor General for Scotland is one of the senior legal advisors to the government in Scotland.{{cite web |title=The role of Crown Office and the Procurator Fiscal Service |url=https://www.hse.gov.uk/enforce/enforcementguidesc/rolecopf.htm |publisher=Health and Safety Executive |access-date=2 January 2024}} Whilst the Solicitor General for Scotland supports the Lord Advocate in their functions, the Solicitor General may also exercise their statutory and common law powers when necessary.{{cite web |title=Solicitor General |url=https://www.gov.scot/about/who-runs-government/cabinet-and-ministers/solicitor-general/ |website=Gov.scot |publisher=Scottish Government |access-date=2 January 2024}}
History
Until 1999, when the Scottish Parliament and Scottish Executive were created, the Lord Advocate and the Solicitor General for Scotland advised Her Majesty's Government. Since their transfer to the Scottish Government, the British Government has been advised on Scots Law by the Advocate General for Scotland. Until 2007, both the Lord Advocate and the Solicitor General attended the weekly meetings of the Scottish cabinet, until then–First Minister Alex Salmond ended this in an attempt to "de-politicise the post". Both the Lord Advocate and Solicitor General remain members of the Scottish Government as the two senior law officers, and may still attend cabinet meetings if legal issues are expected to arise.{{cite news |title=What are the roles of Scotland's lord advocate, and do they clash? |url=https://www.bbc.co.uk/news/uk-scotland-scotland-politics-57227039 |website=BBC |date=24 May 2021 |publisher=BBC News |access-date=2 January 2024}}
In 2021, there were calls for the Scottish Government to review the post of Lord Advocate in its current form, which sees the post holder being the principal legal adviser to the Scottish Government as well as serving as the head of the prosecution's system in Scotland. The Scotland Act 1998 allows for the amendment of both the Lord Advocate and Solicitor General for Scotland's post and functions which would allow the Scottish Government to separate the roles of both prosecutor and the principal government adviser between the two law officer posts – the Lord Advocate and the Solicitor General for Scotland. If such changes were implemented by the Scottish Government to amend the post, it could see that the Lord Advocate continues as the head of Scotland's prosecution service, whilst no longer attending cabinet meetings of the Scottish Government. As a result, the responsibility of principal legal adviser to the Scottish Government would subsequently pass to the Solicitor General for Scotland who would be required to attend cabinet meetings when necessary.{{cite web |title=Scott Crichton Styles: Scotland's Lord Advocate will always be accused of bias unless the role is changed |url=https://www.pressandjournal.co.uk/fp/opinion/3241672/lord-advocate-dorothy-bain-bias-role-changed-opinion/ |date=June 18, 2021 |first1=Scott Crichton |last1=Styles |publisher=Press and Journal |access-date=2 January 2024}}
It has been argued by Scott Crichton Styles of the Press and Journal that the position of Solicitor General and the Lord Advocate will "always be accused of being biased unless the role is changed", citing the legal case HM Advocate v Salmond and the subsequent issues this case caused, considering the Lord Advocate and Solicitor General for Scotland is expected to conduct their duties independent of the government. A consultation of Scottish lawyers in 2021 found an overwhelming majority of those asked were in favour of the Lord Advocate's role to be split.{{cite web |title=Research to inform consultation on splitting role of lord advocate begins |url=https://www.scottishlegal.com/articles/research-begins-to-inform-consultation-on-splitting-role-of-lord-advocate#:~:text=The%20Scottish%20government%20is%20considering,investigation%20into%20the%20SNP%27s%20finances. |website=Scottish Legal | date=9 May 2023 |publisher=Scottish Legal News |access-date=1 January 2024}} Both the government of Nicola Sturgeon and Sturgeon's successor, the Yousaf government, have committed to a review of the Lord Advocate's by the end of the current Scottish Parliamentary term in 2026.{{cite web |title=Lord Advocate role review delay attacked |url=https://www.lawscot.org.uk/news-and-events/legal-news/lord-advocate-role-review-delay-attacked/ |website=Law Society of Scotland |access-date=1 January 2024}}
The current Solicitor General is Ruth Charteris, who is the deputy to the Lord Advocate, Dorothy Bain, since June 2021. The appointment of both Charteris and Bain to the posts of Solicitor General for Scotland and Lord Advocate respectively marks the first time that the two senior law officers in Scotland has been held by women at the same time.{{cite web |title=I will give review into my role 'appropriate assistance', says new Lord Advocate |date=22 June 2021 |url=https://www.shropshirestar.com/news/uk-news/2021/06/22/i-will-give-review-into-my-role-appropriate-assistance-says-new-lord-advocate/ |publisher=Shropshire Star |access-date=2 January 2024}}
Responsibilities
Ultimately, the office holder of Solicitor General for Scotland is the deputy to the Lord Advocate, and assists the incumbent Lord Advocate in carrying out the duties of their post. Like the Lord Advocate, the Solicitor General is a member of the Scottish Government and one of the Law officers of the Crown in Scotland. The Solicitor General is a member of the Crown Office and Procurator Fiscal Service, and may be instructed by the First Minister to investigate matters on their behalf rather than the Lord Advocate.{{cite web |title=Our leadership and structure |url=https://www.copfs.gov.uk/about-copfs/our-structure/ |publisher=Crown Office and Procurator Fiscal Service |access-date=2 January 2024}}
In 2023, the Solicitor General for Scotland was instructed by the incumbent First Minister of Scotland Humza Yousaf to "fully investigate" claims made during the United Kingdom's COVID-19 inquiry regarding messages and WhatsApp messages not being handed over by senior government officials for investigation. Yousaf claimed that it "was his understanding" that all messages required had been handed over for scrutiny during the inquiry, but had confirmed "if there are any concerns raised they will be fully investigated and I will ask the solicitor general to investigate them."{{cite web |title=Scotland's First Minister Humza Yousaf to 'fully investigate' concerns messages not handed to UK COVID Inquiry |url=https://news.sky.com/story/scotlands-first-minister-humza-yousaf-to-fully-investigate-concerns-messages-not-handed-to-uk-covid-inquiry-12993150 |website=news.sky.com |publisher=Sky News |access-date=2 January 2024}}
List of Solicitors General for Scotland
List from 1647. Until 1764, the office was at times held jointly.
=Pre-Union=
- 1647–1662: Robert DalgleishWalker, David M., The Oxford Companion to Law, Appendix I, list of Solicitors-General for Scotland, 1660–, pp. 1347–1349.
- 1662–1684: Sir William Purves (jointly with John Purves 1678–1684, jointly with George Bannerman 1683–1684 but this appointment was ineffective)
- 1684–1687: George Bannerman and Robert Colt
- 1687–1689: James Graham
- 1689–1693: Sir William Lockhart
- 1693–1696: Sir James Ogilvy
- 1696–1700: Sir Patrick Hume
- 1701–1706: Sir David Dalrymple of Hailes
- 1701–1709: William Carmichael
=Post-Union=
{{Div col |colwidth= 35em}}
- 1709–1714: Thomas Kennedy* & Sir James Steuart, Bt.
- 1714–1716: John Carnegie of Boyseck
- 1714–1717: Sir James Steuart, Bt.
- 1717–1720: Robert Dundas, the elder*
- 1720–1721: Walter Stewart
- 1721–1733: John Sinclair
- 1721–1725: Charles Binning
- 1725–1737: Charles Erskine*
- 1737–1742: William Grant of Prestongrange*
- 1742–1746: Robert Dundas, the younger*
- 1746–1755: Patrick Haldane of Gleneagles & Alexander Hume
- 1755–1759: Andrew Pringle of Alemore
- 1759–1760: Thomas Miller*
- 1760–1764: James Montgomery* & Francis Garden
- 1764–1766: James Montgomery*
- 1766–1775: Henry Dundas*
- 1775–1783: Alexander Murray
- 1783: Ilay Campbell*
- 1783–1784: Alexander Wight
- 1784–1789: Robert Dundas*
- 1789–1806: Robert Blair
- 1806–1807: John Clerk
- 1807–1811: David Boyle
- 1811–1813: David Monypenny
- 1813–1816: Alexander Maconochie*
- 1816–1822: James Wedderburn
- 1822–1830: John Hope
- 1830–1834: Henry Cockburn
- 1834–1835: Andrew Skene
- 1835: Duncan McNeill*
- 1835–1837: John Cunninghame
- 1837–1839: Andrew Rutherfurd*
- 1839–1840: James Ivory
- 1840–1841: Thomas Maitland
- 1841–1842: Duncan McNeill*
- 1842–1846: Adam Anderson*
- 1846–1850: Thomas Maitland
- 1850–1851: James Moncreiff*
- 1851: John Cowan
- 1851–1852: George Deas
- 1852: John Inglis*
- 1852–1853: Charles Neaves
- 1853: Robert Handyside
- 1853–1855: James Craufurd
- 1855: Thomas Mackenzie
- 1855–1858: Edward Maitland
- 1858: Charles Baillie*
- 1858–1859: David Mure*
- 1859: George Patton*
- 1859–1862: Edward Maitland
- 1862–1866: George Young*
- 1866–1867: Edward Strathearn Gordon*
- 1867–1868: John Millar
- 1868–1869: George Young*
- 1869–1874: Andrew Rutherfurd-Clark
- 1874–1876: John Millar
- 1874–1876: William Watson*
- 1876–1880: John Macdonald*
- 1880–1881: John Balfour*
- 1881–1885: Alexander Asher
- 1885–1886: James Robertson*
- 1886: Alexander Asher
- 1886–1888: James Robertson*
- 1888–1890: Moir Tod Stormonth Darling
- 1890: Sir Charles Pearson*
- 1891–1892: Andrew Murray*
- 1892–1894: Alexander Asher
- 1894–1895: Thomas Shaw*
- 1895–1896: Andrew Murray*
- 1896–1903: Charles Dickson*
- 1903–1905: David Dundas
- 1905: Edward Theodore Salvesen
- October 1905: James Avon Clyde*{{London Gazette | issue = 11770 | date = 20 October 1905 |page=1001 | city = Edinburgh }}
- December 1905: Alexander Ure*{{London Gazette | issue = 11787 | date = 19 December 1905 |page=1313 | city = Edinburgh }}
- February 1909: Arthur Dewar{{London Gazette | issue = 12118 | date = 19 February 1909 |page=173 | city = Edinburgh }}
- April 1910: William Hunter{{London Gazette | issue = 12242 | date = 26 April 1910 |page=444 | city = Edinburgh }}
- December 1911: Andrew Anderson{{London Gazette | issue = 12414 | date = 8 December 1911 |page=1293 | city = Edinburgh }}
- October 1913: Thomas Brash Morison*{{London Gazette | issue = 12613 | date = 4 November 1913 |page=1143 | city = Edinburgh }}
- 1920: Charles David Murray*{{London Gazette | issue = 13583 | date = 2 April 1920 |page=1008 | city = e }}
- March 1922 – July 1922: Andrew Constable{{London Gazette | issue = 13797 | date = 21 March 1922 |page=511 | city = Edinburgh }}
- July 1922 – November 1922: William Watson*{{London Gazette | issue = 32728 | date = 11 July 1922 |page=5193 | city = London }}
- November 1922: David Fleming{{London Gazette | issue = 13867 | date = 17 November 1922 |page=1779 | city = Edinburgh }}
- April 1923: Frederick Thomson{{London Gazette | issue = 13909 | date = 13 April 1923 |page=579 | city = Edinburgh }}
- February 1924: John Charles Fenton{{London Gazette | issue = 14000 | date = 26 February 1924 |pages=291–292 | city = Edinburgh }}
- November 1924: David Fleming{{London Gazette | issue = 14076 | date = 18 November 1924 |page=1439 | city = Edinburgh }}
- 1925: Alexander Munro MacRobert*{{London Gazette | issue = 14193 | date = 1 January 1926 |page=1 | city = Edinburgh }}
- 1929: Wilfrid Normand*{{London Gazette | issue = 33492 | date = 7 May 1929 |page=3007 | city = London }}
- 1929: John Charles Watson{{London Gazette | issue = 14558 | date = 21 June 1929 |page=650 | city = e }}
- 1931: Wilfrid Normand*{{London Gazette | issue = 14809 | date = 17 November 1931 |page=1226 | city = Edinburgh }}
- 1933: Douglas Jamieson*{{London Gazette | issue = 15005 | date = 3 October 1933 |page=809 | city = Edinburgh }}
- 1935: Thomas Mackay Cooper{{London Gazette |issue=15174 |date=17 May 1935 |page=424 | city=e}}
- 1935: Albert Russell{{London Gazette | issue = 15231 | date = 3 December 1935 |page=1021 | city = e }}
- 1936: James Reid{{London Gazette | issue = 34301 | date = 3 July 1936 |page=4225 | city = l }}
- 1941: Sir David King Murray{{London Gazette | issue = 15820 | date = 13 June 1941 |page=305 | city = e }}
- 1945: Daniel Blades{{London Gazette | issue = 16266 | date = 21 September 1945 |page=323 | city = e }}
- 1947: John Wheatley{{London Gazette | issue = 16424 | date = 28 March 1947 |page=123 | city = e }}*
- 1947: Douglas Johnston{{London Gazette | issue = 16486 | date = 31 October 1947 |page=453 | city = e }}
- 1951: William Rankine Milligan{{London Gazette | issue = 16906 | date = 9 November 1951 |page=565 | city = e }}*
- 1955: William Grant{{London Gazette | issue = 17251 | date = 14 January 1955 |page=19 | city = e }}*
- 1960: David Anderson{{London Gazette | issue = 17822 | date = 17 May 1960 |page=295 | city = e }}
- 1964: Norman Wylie{{London Gazette | issue = 18240 | date = 28 April 1964 |page=271 | city = e }}* (April to October)
- 1964: James Graham Leechman{{London Gazette | issue = 18292 | date = 23 October 1964 |page=671 | city = e }}
- 1965: Henry Wilson*{{London Gazette | issue = 18398 | date = 29 October 1965 |page=713 | city = e }}
- 1967: Ewan George Francis Stewart{{London Gazette | issue = 18612 | date = 7 November 1967 |page=887 | city = e }}
- 1970: David William Robert Brand{{London Gazette | issue = 18892 | date = 30 June 1970 |page=567 | city = e }}
- 1972: William Stewart{{London Gazette | issue = 19151 | date = 7 November 1972 |page=993 | city = e }}
- 1974: Lord McCluskey{{London Gazette | issue = 46248 | date = 26 March 1974 |page=3898| city = l }}
- 1979: Nicholas Fairbairn{{London Gazette | issue = 20497 | date = 25 May 1979 |page=559 | city = e }}
- 1982: Peter Fraser*
- 1989: Alan Rodger*
- 1992: Thomas Dawson
- 1995: Donald Mackay*
- 1995: Paul Cullen
- 1997: Colin Boyd*
{{Div col end}}
=Post-–devolution=
- 2000: Neil Davidson
- 2001: Elish Angiolini*
- 2006: John Beckett
- 2007: Frank Mulholland*
- 2011: Lesley Thomson{{cite news
| url = https://www.bbc.co.uk/news/uk-scotland-13445612
| title = First minister Alex Salmond unveils enlarged cabinet
| website = BBC News
| date = 19 May 2011
| access-date = 8 January 2016
| archive-url = https://web.archive.org/web/20110522093132/http://www.bbc.co.uk/news/uk-scotland-13445612
| archive-date = 22 May 2011
}}
| url = http://www.scotsman.com/news/holyrood-approves-james-wolffe-and-alison-di-rollo-as-top-legal-officers-1-4143621
| title = Holyrood approves James Wolffe and Alison Di Rollo as top legal officers
| newspaper = The Scotsman
| date = 1 June 2016
| access-date = 5 June 2016
}}
- 2021: Ruth Charteris
:
Sources
- Most of the above list is taken from Haydn's Book of Dignities, 12th edition (1894, reprinted 1969) and from Oxford Companion to Law, Clarendon Press, 1980.
References
{{reflist | colwidth=35em}}
External links
- [https://www.gov.scot/about/who-runs-government/cabinet-and-ministers/solicitor-general/ Solicitor General] on the Scottish Government website
- [https://www.parliament.scot/msps/ministers-and-law-officers/law-officers Law officers] on the Scottish Parliament website
{{Scotland topics}}
{{authority control}}
Category:Ministerial posts of the Scottish Government
Category:Scots law formal titles
Category:Lists of government ministers of Scotland
Category:Lists of government ministers of the United Kingdom