Westminster Policy News & Legislative Analysis

Explainer: Scotland’s Deputy First Minister and Advocate General

GOV.UK published statements on 30 January 2026 from the Secretary of State for Scotland, Douglas Alexander, and the Advocate General for Scotland, Baroness Smith of Cluny KC, marking the passing of Lord Jim Wallace. Both noted his role in establishing the devolved institutions and his reputation for public service across parties. (gov.uk)

Wallace served as Scotland’s first Deputy First Minister from 1999 to 2005 and later as the UK Government’s Advocate General for Scotland between May 2010 and May 2015. He acted as First Minister during transitions in 2000 and 2001, and in 2021–22 served as Moderator of the General Assembly of the Church of Scotland. He previously represented Orkney and Shetland at Westminster and Orkney at Holyrood. (gov.uk)

Devolution in Scotland is founded on the Scotland Act 1998, which created a Scottish Government and a Scottish Parliament with primary legislative powers for devolved matters. Powers transferred to Scottish ministers on 1 July 1999 after the first Holyrood election, while matters reserved to Westminster remain with the UK Parliament. The Act also created the office of Advocate General for Scotland. (gov.uk)

The Deputy First Minister is a senior member of the Scottish Cabinet. The current post‑holder, Kate Forbes, was appointed in May 2024 and also serves as Cabinet Secretary for Economy and Gaelic. The portfolio includes cross‑government delivery, intergovernmental relations and major economic policy, alongside specific responsibilities for enterprise, the labour market and the National Performance Framework. (gov.scot)

When required, the Deputy First Minister can act in the First Minister’s place. In the early years of devolution Wallace undertook that role following the death of Donald Dewar in 2000 and again after Henry McLeish resigned in November 2001, underscoring the office’s function in ensuring continuity of executive authority. (thetimes.com)

The Advocate General for Scotland is a UK Law Officer who advises His Majesty’s Government on Scots law. Statutory functions include oversight of “devolution issues” under Schedule 6 to the Scotland Act 1998 and the power under section 33 to refer Scottish Parliament Bills to the Supreme Court for decisions on legislative competence. The post itself is provided for by section 87 of the 1998 Act. (gov.uk)

Operationally, the Office of the Advocate General reviews Scottish Parliament legislation for competence and represents the UK Government in Scottish courts and in the Supreme Court where required. In parallel, today’s Deputy First Minister role combines deputising for the First Minister with coordinating delivery across portfolios and leading on intergovernmental relations-practical levers that shape how devolved policy is executed. (gov.uk)

As Deputy First Minister and Minister for Justice, Wallace signalled freedom of information legislation to the Scottish Parliament in September 2000; the Parliament subsequently passed the Freedom of Information (Scotland) Act 2002, establishing a statutory right of access and the Scottish Information Commissioner. The regime came fully into force on 1 January 2005 and has since generated extensive transparency casework. (parliament.scot)

Student finance was reshaped early in the first Parliament through the Education (Graduate Endowment and Student Support) (Scotland) Act 2001, which introduced a graduate endowment mechanism and updated student support powers in statute. Although later repealed, the Act marked a significant policy departure from up‑front tuition fees in the Scottish context. (legislation.gov.uk)

The first coalition also advanced standards and equality measures through the Ethical Standards in Public Life etc. (Scotland) Act 2000, which created a standards framework for councillors and members of devolved public bodies and repealed section 2A of the Local Government Act 1986 (often referred to as “Section 28”). Wallace’s tenure is therefore closely associated with building the rules and institutions that underpin devolved governance. (legislation.gov.uk)