As part of Brown’s constitutional settlement, it is likely that the Attorney General will lose her right to direct criminal prosecutions – leaving the Director for Public Prosecutions the final say in such matters. There would be an exception in cases involving national security or where there is a threat to international relations.
The Attorney General is the most senior Government legal adviser, the minister responsible for public prosecutions and also called to act independently in the public interest. The roles have resulted in conflict of interest, calling the constitutional position of the Attorney General into question – particularly as a result of scandals concerning the legal advice on the Iraq war, cash for peerages, and the BAE Systems investigation. Lord Goldsmith was involved in these scandals arguably making him the most controversial Attorney General of all time.
When Gordon Brown became Prime Minister he wanted to dissociate himself from the discredited aspects of the Blair administration – including the role of the Attorney General. Baroness Scotland became the first black woman ever to take on the role of Attorney General on 28 June 2007 and many commentators saw this as a visible modernising step. A consultation on the role began in July 2007 and will end in November 2007.
http://politics.guardian.co.uk/constitution/story/0,,2201037,00.html
For a further explanation of the conflict of interest entailed by the role and constitutional reform see / browse sections of the Constitutional Affairs Committee 5th Report of 19 July 2007.
http://www.publications.parliament.uk/pa/cm200607/cmselect/cmconst/306/30602.htm
