Scotland's law officers to quit, dodging crunch independence referendum ruling

Scotland’s most senior law officer and his deputy are to resign, meaning Nicola Sturgeon will need to find replacements to rule on the legality of a “wildcat” independence referendum.

James Wolffe, the Lord Advocate, and Alison Di Rollo, the Solicitor General, will stand down once new law officers are appointed, they confirmed on Sunday.

Alex Salmond had called in February for Mr Wolffe to stand down over his role in the Scottish Government’s handling of harassment complaints against him, and he had also become embroiled in controversy over the “malicious prosecution” of two former Rangers administrators.

The new Lord Advocate will have to rule on the legal competence on a new independence referendum bill, which Ms Sturgeon has said she will seek to push through Holyrood if, as appears likely, the UK Government refuses to grant permission for a new vote.

Labour called for the role of the Lord Advocate - who is a Scottish minister and is also head of the country’s prosecution service - to be broken up.

There were repealed claims that the dual nature of the role gave rise to a perception of political interference during the Salmond saga. Mr Wolffe strongly denied any allegations of inappropriate meddling.

Jackie Baillie, Scottish Labour’s deputy leader, said: “The SNP should use this opportunity to separate the role of the Lord Advocate as the independent head of the prosecution system from sitting in the cabinet and being a member of the government. In that way the post will in future be truly independent.”

Ms Sturgeon has said she wants to hold a new independence referendum by 2023, with or without UK Government permission, and has indicated that she plans to introduce a Bill in Holyrood in spring next year.

However, the new Lord Advocate could effectively kill the legislation by ruling that organising a new referendum would be beyond Holyrood’s powers.

A Scottish Government spokesman said: "The Lord Advocate informed the First Minister last year that he intended to leave office following the recent election and confirmed his intention before her re-election by the Scottish Parliament as First Minister.”