§ Mr. DalyellTo ask the Secretary of State for Scotland if he will make a statement on the suitability of procurators fiscal with qualifications as solicitor-advocate(a) to be advocate deputes and (b) to prosecute in the High Court. [62670]
§ Mr. McLeishMy noble and learned Friend the Lord Advocate is responsible for the appointment of Advocate Deputes. My noble and learned Friend is satisfied about the competence of many Procurators Fiscal, including some with qualifications as Solicitor-Advocate, to undertake the work carried out by Advocate Deputes, including prosecuting in the High Court. However, he takes the view that it is necessary for the proper operation of the prosecution system in Scotland to maintain the traditional separation between the role of the Procurator Fiscal and that of Crown Counsel, to ensure independence of decision making and prosecution in respect of High Court cases. He is not, therefore, inclined to appoint Procurators Fiscal as Advocate Deputes.
§ Mr. DalyellTo ask the Secretary of State for Scotland if he will make a statement on the relative costs of using(a) members of the Faculty of Advocates and (b) procurators fiscal qualified as solicitor-advocates, as advocate deputes. [62671]
§ Mr. McLeishMy noble and learned Friend the Lord Advocate has responsibility for prosecutions in Scotland. The post of Advocate Depute is assessed for remuneration purposes at rates comparable with the Senior Civil Service, on which individual pay is based regardless of whether the incumbent is a member of the Faculty of Advocates or a Procurator Fiscal. There is therefore no significant difference in their relative costs.