§ Mr. William Hamiltonasked the Lord Advocate whether the office of Lord Advocate under the Act of Union 1707 will be affected by the establishment of a Scottish Assembly.
The Lord AdvocateI take the Question to refer to the Union with England Act 1707, which was passed by the Parliament of Scotland and which, together with the Union with Scotland Act 1706, subsequently passed by the Parliament of England, constitutes the continuing legislative basis of the Union. The office of Lord Advocate is not referred to in either Act. The existence of the office of Lord Advocate—which dates from before the Union—will not be affected by any provision of the Scotland Bill. He will remain the senior Scottish Law Officer of the Crown and, with minor exceptions, will retain his existing functions—in particular his duty of advising Her Majesty's Government on questions of Scots law and his role as public prosecutor. He will remain answerable to Parliament for the discharge of his functions. It will not be within the competence of the Scottish Assembly to legislate on this subject.