Angiolini speaks on role change

Elish Angiolini said her role was not to take part in political discussion

Scotland's top law officer has defended the decision to exclude her from regular cabinet meetings.

First Minister Alex Salmond confirmed last month that Lord Advocate Elish Angiolini would remain in the role under the SNP.

Despite her re-appointment, Mr Salmond said it was inappropriate for a law officer to be involved in the politics of government.

Ms Angiolini said she would only attend meetings when legal advice was needed.

The lord advocate, assisted by the solicitor general, heads the country's system of criminal prosecution and leads the investigation of deaths.

New ground

Ms Angiolini was appointed by former Labour first minister Jack McConnell in 2006 to provide legal advice to ministers.

She told the BBC's Sunday Live programme that she would not have continued in the job if she thought her office had been compromised.

Ms Angiolini also insisted her role was not to take part in political discussions.

The lord advocate said: "In my time in the cabinet there have perhaps been a misapprehension that suggested involvement in the substance of the discussions which were taking place politically, in fact the purpose of attending was to give legal advice.

"What the first minister has agreed is that the lord advocate can no longer attend, partly because, I think, the cabinet now as a minority administration, will be of a political nature.

"Therefore, if there is a matter which requires a law officer's advice, then I will be invited to attend for that purpose."

Ms Angiolini is the first woman to become lord advocate and the first holder of the post to have served different political administrations.

Clearly if I consider there is an issue coming up which is touching on the interests of the prosecution, I will have a right to address the cabinet as I have a right to address the Parliament Elish Angiolini Lord Advocate

Following May's election Mr Salmond praised Ms Angiolini, saying she had consistently broken new ground in the post.

The high-profile prosecutor and QC Frank Mulholland was appointed her deputy, as solicitor general.

The lord advocate will still have the right to address Cabinet and may attend in appropriate circumstances.

She added: "Clearly if I consider there is an issue coming up which is touching on the interests of the prosecution, I will have a right to address the cabinet as I have a right to address the parliament."