Split up dual role of top law officer, says Sarwar

The dual role of Scotland's top law officer should be split up, Anas Sarwar has said.

The new Scottish Labour leader said "real questions" had to be asked about why the Lord Advocate is both in charge of prosecutions and principal legal advisor to the Scottish government.

The Lord Advocate role is currently held by James Wolffe QC.

Mr Sarwar also said Nicola Sturgeon should resign if she was found to have broken the ministerial code.

Speaking to BBC Scotland's The Sunday Show, Mr Sarwar said: "Real questions have to be asked about the separation of power between the person who is charge of prosecutions in Scotland and the chief legal advisor to the government.

"I think that role should be separated."

Mr Wolffe, like his predecessors, has a dual role as head of the Crown Office and Procurator Fiscal Service and as a minister in the Scottish government and its principal legal advisor.

He was appointed by the Queen on recommendation of the first minister, with the support of the Scottish Parliament.

The issue of the dual role has come to the fore after the Crown Office raised "grave concerns" about the Scottish Parliament Corporate Body's decision to publish Mr Salmond's submission on whether his successor Ms Sturgeon had breached the ministerial code.

In England and Wales, there is an Attorney General who gives legal advice to the UK government and as well as a director of public prosecutions.

Meanwhile, Mr Sarwar has said that, as a matter of principle, Ms Sturgeon should resign if she is found to be in breach of the ministerial code.

The first minister is facing claims she misled the Scottish Parliament on when she knew about allegations of harassment made against her predecessor Mr Salmond.

An inquiry, headed by lawyer James Hamilton, is specifically looking at whether Ms Sturgeon breached Scotland's ministerial code, which states that any minister who deliberately misleads parliament would be expected to resign.

If Ms Sturgeon is found to have broken the ministerial code, Mr Sarwar told BBC Scotland she should step down, saying she would expect the same of ministers in other parties.

He told the programme: "Take the personality out it, if a minister is found to be in breach of the ministerial code it would be expected that minister resigns.

"If it was a Labour politician, a Green politician, a Lib Dem politician or a Tory politician, if she [Ms Sturgeon] was in opposition and there was a different minister in that post who was found to have breached the ministerial code, she would be demanding their resignation."

Ms Sturgeon has denied breaking the ministerial code and rubbished claims there was any conspiracy against Mr Salmond.

The first minister has said she is "relishing" the prospect of giving evidence on the issue to a Scottish Parliament committee on Wednesday.