Yesterday I wrote about Vince Cable and his ham-fisted and flat-footed, and indeed blatantly transparent attempt to make political capital from the “foot-dragging” of the Crown Office investigation into alleged offences by bank officials.
I suggested that his involvement was a sign of someone who failed to understand (or was prepared to ignore) basic tenets of the constitution, such as the independence of the criminal justice system from direct political involvement, and the difference between the Lord Advocate and the Advocate General.
Whilst I can frankly say that many statements that have come from the Lord Advocate, Frank Mulholland QC, and from his predecessor, Elish Angiolini QC, have been very easy to disagree with, Mr Mulholland has issued a press release which I could almost have written myself!
He said:-
“I am disappointed to hear that the Secretary of State for Business Innovation and Skills (BIS) has written to the Advocate General in such terms. The Advocate General has no role in the investigation or prosecution of crime in Scotland.
“It would be unfortunate if this were to be construed as attempted interference with independent investigation and prosecutorial decision making by the Law Officers.
“In the wake of widespread public concern about reported issues in the banking sector, I instructed an investigation into allegations involving the Scottish banking sector. That investigation has been led by the COPFS Serious and Organised Crime Division. The investigation is complex and ongoing and the volume of material being considered is vast.
“Crown Office officials have kept BIS officials appropriately advised of progress throughout the investigation and confirmed on several occasions that in Scotland it is the Lord Advocate who is the sole prosecuting authority and that he acts independently in the public interest.
“Public confidence in Scotland into the investigation of allegations of criminality occurring here is best maintained by thorough independent investigation by the COPFS and not communicated through the media.
“If the Secretary of State contacts me directly I would be happy to brief him on progress to date and timescales”.
Ironically the media reports which have commented on the story, and Mr Cable’s “gaffe” have themselves revealed a pretty poor understanding of the Scottish legal system.
Mr Cable tries to hide from his error, but his hat fails to do the job
The Guardian initially had its piece referring to Lord Wallace, not as the Advocate-General but as the “Advocate-director”.
The BBC managed in the same piece to refer to Mr Mulholland, as indeed he is, and by the end of the piece to “Lord Mulholland”. Never has someone been elevated to the peerage with such speed!
Frank Mulholland QC. The Lord Advocate who, despite what the BBC says, is not a Lord yet
Of course we are now used in Scotland to the Lord advocate not being a peer. After all, as one acerbic member of the Faculty of advocates put it to me when Mr Mulholland’s predecessor was in office – “We have a Lord Advocate who is neither a Lord nor an Advocate!”
(Mrs Angiolini, as she then was, was of course a commoner and a solicitor, as well, of course, as being a woman.)
Posted by Paul “It is nice to be right from time to time” McConville
Random Thoughts Re Scots Law by Paul McConville 
paul.
I hear Vince is in line for a move to Dept of Agriculture and Fisheries, in the next ‘reshuffle ‘ as he is an expert in foot in mouth.
Paul
The slovenliness of the press is astounding. It gives great strength to the argument for bringing back the belt for not doing your homework properly.
By the way, it was remiss of me when expressing my pre-holiday thank-yous, not to put you at the top of my list. Without this site, I would have been getting to bed at a respectable time, enjoying a very good sleep at night and have no need to tax an already over extended brain. Thus it is that I need to holiday and thus it is I will have four weeks giving my full attention to a wife that I have managed to neglect and ignore for the last eighteen months. So a very BIG thank you to you.
Seriously, not enough of us do say a BIG ENOUGH thank you for all the information you provide, the debate you engender and the bloodshed you spill. Yet, for the most part, it is thee greatest fun. From an old slacker to a young sloger, thank you again and I hope to back fighting fit in a month or so.
Well said, it’s good to engage cerebrially once in a while, and thanks Paul for providing a forum for such…even if sometimes we talk sh*t!
Aw c’mon auld yin,its getting like a Frank Sinatra farewell concert.How many encore’s do you want?
Bring me back a bit of rock.
That won’t do your tooth any good……semi cam!…..captain Colgate.
jeez i thinjk you were my teacher ya auld codger..!! 6 again… Hey listen we are all saying fek off and have a blast pal and show the missus the sights in Ireland.. If you have a day in Dublin and spare time gimme a days notice..
Paul.
Reading that was like checking my daughter’s homework. Copied and pasted with a few wee alterations here and there to disguise her wee skiv.
She thinks I’m daft! ….Didn’t we all at that age.!
But well done to you for being bang on the money.
http://en.wikipedia.org/wiki/Frank_Mulholland
great read paul this lord mulholland is some man hes a working class lad at the top of law well done to him a had to read throw his wiki there to grasp his back ground hes a shining example of a bench mark in scots law although if you have come up agianst him in his pf days in greenock a dont think they would feel same hes prove that you get places in scots law via merit and not hows your father lol
Perhaps not the correct blog post to comment on what an “acerbic member of the Faculty of advocates” meant when referring to Mrs Angiolini, and how we came to a situation where “We have a Lord Advocate who is neither a Lord nor an Advocate”. I’m sure it has nothing to do with alleged high level Dunblane connections and certainly nothing to do with alleged involvement in the Hollie Grieg Case.
http://en.wikipedia.org/wiki/Lord_Advocate
for any1 like myself lacking the court structure knowledge why not strat at the top and work your way down what a great title to have lol
Vince lectured at glasgow uni lol but will he admit to nights at clatty pats
works in Berkshire what a dream job all they moan about down there is planning consent for heathrow and noise pollution
http://en.wikipedia.org/wiki/Vince_Cable
@mick,
i’m living in my post west end life in the outskirts of Glasgow, spending many hours mentoring my son through university, demonstrating my middle class credentials, and you go and bring my world crashing back to reality by triggering memories of Clatty Patty’s…..
shame on you for ruining my delusion!
Oh dear! So many folk don’t seem to have it correct! The Lord Advocate is a Privy Counseller – and thus is ‘The Rt Hon. Frank Mulholland’. I am aware that coments have been made to the effect that the Lord Advocate and the Solicitor General for Scotland should be Counsel, rather than solicitors who have come through the Procurator Fiscal service.
I am somewhat surprised that The Rt Hon. Vincent Cable doesn’t seem to know about our Scots Legal system! After all, he was a Glasgow Councillor in the 1970’s. As far as I can see, he was initially a Liberal – then Labour (when a Glagow Councillor) – then SDP – then Liberal Democrat. I make no comment in that regard, other than to suggest that he’s perhaps a ‘profesional politician’!
When I read the BBC report on Vinnie Boy’s meddling yesterday, it read like a hash bash story almost ‘perpetuating’ the erroneus suggestion that Scot’s legal process was dragging its heels on the matter.
Similarly it failed to allude to the misguided approach by the Minister of a: to the wrong person or b: the fact that a Minister was approaching any such person of obvious standing in the first place.
If a Minister were to have made any similar comments on the timeframe of a high profile criminal case, you can imagine the headlines and ensuing resignations.
It struck me as a touch of “We know who did what and when, what’s the hold up?”
When in fact the big question was how dud it happen and how do we prevent it in future.
Unlike the current administration we like to consider all relevant factors and implications up here, before making decisions or implementing a course of action.
PS. If the joke about him moving to Agriculture were true, it would surely be for horticultural convenience reasons only.
If Vince and Carson were to loose any more IQ points, they would require watering twice a week.
I find myself, reluctantly, siding here with Vince Cable. His complaint was about the length of time it is taking the Scottish legal system to deal with a matter of important public concern. He is not alone in his view that the ‘law’s delays’, in Scotland, are longer than necessary. Kenneth Roy has argued a similar case in the Scottish Review this week. (30th April and 2nd May)
@florian,
The point is not that he wants things to move more quickly, he is perfectly within his rights to want things to move more quickly, the point is Why he is saying what he is, and why he is saying it, and why is he saying it to who he is?
Read Paul’s last post, Vince missed the target, so, for a clever guy to miss the target, you need to ask about his motive…
awesome florian go you…
A Clockwork orange is on…..i’m singing in the rain, I’m singing & dancing in the rain…..dobee dobee ….quality!
Oh Vincent, to open your gub and confirm what we already know. Tut, tut.
Test