§ MR. MORTONI beg to ask the Lord-Advocate whether a county or burgh procurator fiscal can hold office or interfere in or be elected a representative on a county council, a parish council, or a town council.
THE LORD-ADVOCATE (Mr. THOMAS SHAW,) Hawick BurghsUnder a regulation by the Lord-Advocate dated 28th November, 1889, procurators fiscal were directed not to allow themselves to be nominated as candidates nor interfere in any way in the election of county councillors. There is no regulation that a procurator fiscal should not interfere in municipal or parish council elections. It has been the practice of Crown Counsel, however, to advise that they should avoid taking any action in municipal or parish council affairs which would prejudice them in the due performance of their official duties. There is already in force a further regulation against procurators fiscal interfering or taking part in political affairs. I think these regulations to be sound in principle and if any case should be brought under my notice of procurators fiscal interfering in municipal or parish council elections, I shall consider the propriety of issuing a similar general regulation against such interference.