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Category Archives: Court of Session

IT’S DUBLIN, M’LADY: FOI probe results in Judicial Office adding Lady Dorrian to Lord Carloway’s ‘research’ junket on Ireland’s criminal justice system

Court staff add second judge to Ireland judicial junket. THE SECOND most powerful judge in Scotland – Lady Dorrian – the first ever female judge serving as Lord Justice Clerk, has been added to a 2014 judicial junket to Dublin – in which court staff initially claimed was solely attended by Scotland’s current Lord President – Lord Carloway.

And, new details since released for the ‘fact finding’ judicial junket – also reveal Lord Carloway met two Irish senior judges in a Chinese restaurant – to discuss ‘efficiencies in the courts’.

The addition of Lady Dorrian to Lord Carloway’s ‘fact finding’ trip only came about after the Scottish Information Commissioner (SIC) became involved in a dispute over the determined efforts of the Judiciary of Scotland and Scottish Courts and Tribunals Service (SCTS) to conceal details, destinations and the costs of UK & judicial overseas travel junkets from Freedom of Information enquiries.

In October 2014, DOI reported that an investigation by the Information Commissioner received evidence court officials hurriedly switched the travel destinations of Scotland’s second most powerful judge – the Lord Justice Clerk Lord Carloway, after journalists queried an FOI disclosure, asking for further details of a journey.

Lord Carloway – who was at the time Lord Justice Clerk and has since been elevated to the top post of Lord President earning £222,862.00 a year, was listed in a 2014 FOI disclosure by the Scottish Court Service: Overseas Travel of Scotland’s Judges 2013-2014 as having taken three taxpayer funded trips – a six day trip to Vancouver, Canada costing £5,820.16, a two day trip to Dijon, France, with a claimed cost of £59.15 and a two day trip initially listed as Evidence & Procedure Review Study Visit costing £232.93.

The Scottish Court Service was then contacted by journalists who asked officials to provide a destination of Lord Carloway’s Evidence & Procedure Review Study Visit. In response, a senior SCS official said “Lord Carloway attended the event in Bristol.”

When journalists again contacted the Scottish Court Service asking why one domestic UK trip had seemingly been disclosed when court officials claimed it was too expensive to publish the UK only trips, the same official replied “I queried this with the Judicial Office for Scotland who have asked me to pass on their apologies.  Lord Carloway actually attended the event in Dublin and not in Bristol.

The Judicial Office for Scotland ended further enquiries at the time with the statement “We have checked the information that we provided and we have nothing further to add.”

The switch of Lord Carloway’s destination during a trip taken in March 2014 – from Bristol to Dublin only came about after court staff realised they had previously claimed to journalists, and more recently to the Scottish Information Commissioner, the SCS did not hold data on judges trips inside the UK.

Since the probe by the Scottish Information Commissioner, new documents issued to journalists after a probe lasting several weeks finally revealed: “Lord Carloway and Lady Dorrian visited Dublin to research the Irish criminal justice system to inform the on-going SCS review of evidence and procedure in Scotland, and were accompanied by an SCS Director with lead responsibility for this review work. They flew from Edinburgh to Dublin on the evening of Monday 24 March, and returned on the evening of Wednesday 26 March. They stayed at the Ashling Hotel, Parkgate Street, Dublin on the nights of 24 and 25 March.”

The ‘omission’ of Lady Dorrian from initial documents released in 2014 was blamed by court staff on murky arrangements for judicial air travel which allowed judges to book air tickets at public expense at their own discretion.

However, claims by the Judicial Office that new travel rules introduced by former Lord President Lord Brian Gill put an end to judges helping themselves to tens of thousands of pounds of air flights and trips have since been proved wrong – after continuing investigations revealed further international air junkets, reported here: LORDING IT MORE OPENLY: Scotland’s obsessively secretive judiciary reveal overseas junkets.

The latest crop of jet set junkets for judges reinforce suspicions highly paid Scottish judges on up to £220K a year are spending more time in the air and abroad, than attending to their judicial duties in the courts.

Challenged on the switch of destinations and the addition of Lady Dorrian to Lord Carloway’s ‘fact finding’ trip, a spokesperson for the Judicial Office said: “I have now had the opportunity to look into this.  The error you have highlighted occurred because the booking was not made by the Judicial Office.  We have now amended our records.”

“As you are aware, the Lord President issued new guidance to all judiciary earlier this year in respect of international travel and attendance at conferences.  All requests for funding should be sought only from the Judicial Office.  This will help ensure such errors do not occur in the future.”

Asked to confirm which trip was not booked by the judicial office – Lady Dorrian or Lord Carloway (or both), a spokesperson for the Judicial Office said: “Both. To be clear‎ the costs of the trip (flights, hotel) for both Lady Dorrian and Lord Carloway did not come out of the Judicial Office budget. The costs associated with travel and subsistence do. Therefore we knew about Lord Carloway’s trip but incorrectly recorded that information.

A programme for the visit, issued after the addition of Lady Dorrian to the trip, reveals Lord Carloway met up with two senior Irish judges in a Chinese takeaway to discuss the efficiencies of courts.

An entry in the programme for Tuesday 25 March 2014 states: 7:30pm – Meeting with The Hon. Mr. Justice Peter Charleton and His Honour Judge Tony Hunt  to discuss  “The Working Group to Identify and Report on Efficiencies in the Criminal Justice System of the Courts” Venue: Good World Chinese Restaurant, 18 South Great Georges Street, Dublin 2.

However, Lady Dorrian’s name does not appear anywhere in the issued documents for the trip to Dublin.

Evidence and Procedure Review – visit to Dublin, 25-26 March 2014 Programme Date: Tuesday 25thMarch 2014

Arrive to be met by Ms. Elisha D’Arcy, Protocol Officer, Courts Service Venue: Great Hall, Criminal Courts of Justice Parkgate Street, Dublin 8

Tour of Criminal Courts of Justice with Ms. Lisa Scott and Ms. Kelly Mackey, Judicial Researchers

Discussion with Ms. Kelly Mackey & Ms. Lisa Scott, Judicial Researchers working on analysis of relevant Legislation and Law Reform documents Venue: Court No. 13, 4 th Floor, Criminal Courts of Justice

Meeting with The Hon. Mr. Justice Peter Charleton, High Court, The Hon. Mr. Justice Patrick McCarthy, High Court, His Honour Judge Patrick McCartan, Circuit Court, Judge Patricia McNamara, District Court and Ms. Elisha D’Arcy to discuss, inter alia, case management, how the volume of cases is managed, any difficulties in ensuring cases are processed in good time – problems with “churn” in the system, with hearings having to be adjourned/continued etc Venue: Conference room, 9th Floor, Criminal Courts of Justice

Meeting with Mr. Noel Rubotham, Head of Reform and Development, Courts Service to discuss relevant initiatives in the area of criminal procedure reform, including pre-trial case management Venue: Conference room, 9 th Floor, Criminal Courts of Justice

Meeting with Ms. Geraldine Hurley, Principal Officer, Courts Service to discuss the practicalities of giving Video Link evidence and observe/demonstrate Video Link evidence procedure/facilities Venue: 9 th Floor Conference room, Criminal Courts of Justice

Observation of Central Criminal Court in session, The Hon. Mr. Justice Patrick McCarthy presiding Venue: Court No. 10, Criminal Courts of Justice

Observation of Circuit Criminal Court in session, His Honour Judge Patrick McCartan presiding Venue: Court No. 12, Criminal Courts of Justice

Observation of District Criminal Court in session, Judge Patricia McNamara presiding Venue: Court No. 2, Criminal Courts of Justice

Working Lunch hosted by: The Hon. Mrs. Justice Susan Denham, Chief Justice In attendance: The Hon. Mr. Justice Peter Charleton, The Hon. Mr. Justice Patrick McCarthy, His Honour Judge Patrick McCartan, Judge Patricia McNamara, Mr. Brendan Ryan, CEO, Courts Service, Registrar, Ms. Elisha D’Arcy Venue: Conference Room 9 thFloor, Criminal Courts of Justice

Depart for Children Court Observation of Children Court in session, Judge John O’Connor presiding Venue: Children Court, Smithfield, Dublin 7

Depart for Child Care/ Family Law Court Observation of Child Care Courts in session, Judge Brendan Toale and Judge Colin Daly and Her Honour Judge Rosemary Horgan, President of the District Court presiding Venue: Court No. 20, 40 and 49 Child Care Courts, Dolphin House, East Essex Street, Dublin 2

Observation of Family Law Courts in session, Judge Marie Quirke and Judge Deirdre Gearty presiding Venue: Court No. 41 and 47 Family Law Courts, Dolphin House, East Essex Street

16.00p.m. – 17.00p.m. Discussion on Child Care Court and Family Law Court with Her Honour Judge Rosemary Horgan, President of the District Court Judge Marie Quirke, Judge Brendan Toale, Judge Colin Daly and Judge Deirdre Gearty with particular emphasis on interviewing children and taking evidence from children Venue: 3rd Floor conference room, Dolphin House

19.30p.m. Meeting with The Hon. Mr. Justice Peter Charleton and His Honour Judge Tony Hunt to discuss “The Working Group to Identify and Report on Efficiencies in the Criminal Justice System of the Courts” Venue: Good World Chinese Restaurant, 18 South Great Georges Street, Dublin 2.

Date: Wednesday 26thMarch 2014: 09.00 a.m. – 11.30 a.m. Meeting with Members of An Garda Siochana, led by Chief Superintendent Patrick Leahy, Dublin Metropolitan Region, North Central Division – Powerpoint Presentations

11.40a.m. Meeting with Ms. Clare Loftus, Director of Public Prosecutions, accompanied by Ms. Liz Howlin, Head of the Directing Division and Mr. Peter Mullan, Chief Prosecution Solicitor –
Venue: Office of the DPP, Infirmary Road, Dublin 7

13.00p.m. Working lunch with The Hon. Mr. Justice Peter Charleton, The Hon. Mr. Justice John Edwards, High Court, His Honour Judge Martin Nolan, Circuit Court, Judge John O’Connor, District Court and Ms. Elisha D’Arcy Venue: Conference Room 9thFloor, Criminal Courts of Justice

14. 00p. m. Meeting with Law Reform Commission Commissioners Ms. Finola Flanagan and Tom O’Malley, BL, Law Reform Commission – Venue: Criminal Courts of Justice, Parkgate Street, 5th floor (Room 503.6)

15.15p.m. Meeting with Mr. Jimmy Martin, Assistant Secretary, Criminal Law Reform Division, Department of Justice & Law Reform to discuss the Department’s planned legislative initiatives in this area in particular the development of a Criminal Procedure Bill dealing with certain pre-trial procedures, video link hearings and certain other matters. Venue: Criminal Courts of Justice, Parkgate Street, 5th floor (Room 503.6)

16.15 p.m. – 17.00p.m Meeting with Mr. Ken Murphy, Director General and Members of the Criminal Law Committee of the Law Society of Ireland, Shalom Binchy (Committee Chair), James MacGuill (former Committee Chair and former President of the Law Society), Dara Robinson (another former Committee Chair) and Robert Purcell Venue: Criminal Courts of Justice, Parkgate Street, 5th floor (Room 503.6)

Previous articles on the judiciary’s use of public cash to fund judicial overseas junkets can be found here: Overseas travel of Scottish judges.

 

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INTERESTS AMISS, M’LORD: Property, paid work, links to big business & professions not included in judges’ declarations on Courts & Tribunals Service Board register

Declarations in register reveal few details on judiciary. THE LATEST declarations by a select few powerful judges who control the running of Scotland’s Courts – is more revealing in what is missing from the limited disclosures in the latest annual report of Scottish Courts and Tribunals Service (SCTS).

Ruling over our courts in their ermine robes – in some cases decades longer than any Prime Minister could hope to remain in office – the handful of judicial declarations after years on the bench and millions in taxpayers cash – are even in some cases even less than newly minted msps cobble together in their first few weeks at Holyrood.

This year, Scotland’s current top judge, the Lord President & Lord Justice General – Lord Carloway – (real name Colin Sutherland), has but one declaration (Trustee, Scottish Arts Club) – dwarfing the vast listing of directorships & positions of his predecessor – Lord Brian Gill.

Lord Carloway (62) was appointed to the Court of Session since 2000. Sixteen years later, and now in the top job – his salary is currently listed in the UK Government guidance on judicial salaries as of 1 April 2016 as £222,862.00.

Another judicial member of the SCTS Board – Lady Smith (61) was appointed to the Court of Session in 2001. Fifteen years later, her salary as a judge of the inner house of the Court of Session is listed by the UK Government as £204, 695.00.

Admittedly, Lady Smith has a few more declarations than her boss. Rt. Hon. Lady Smith:  Chair and Trustee – Royal Scottish National Orchestra Foundation, President and Trustee – Friends of the Music of St Giles Cathedral, Honorary Bencher – Gray’s Inn

Lord Brian Gill (74) – appointed to the Court of Session in 1994, ‘retired’ from his judicial tenure in Scotland as Lord President 21 years later in June 2015 – on a salary of £220,665.00.

Rt. Hon. Lord Gill: (from 1 April to 31 May 2015) Director of Scottish Redundant Churches Trust, a company limited by guarantee registered in Scotland (SC162884), Director of the Royal School of Church Music, a company limited by guarantee registered in England (Reg’d No 250031), President of the Royal Society for Home Relief to Incurable, Edinburgh, Trustee of the Columba Trust: a trust for the benefit of the Roman Catholic Church in Scotland, Trustee of the Royal Conservatoire of Scotland Endowment Trust: a trust for the benefit of RCS and its students, Trustee of the Royal Conservatoire of Scotland Trust: a trust for the benefit of the RCS and its students, Trustee of the Royal School of Church Music: a registered charity for the promotion of church music in the Christian Churches (Reg No 312828) Vice President of the Royal Conservatoire of Scotland, Chairman of Council, Royal School of Church Music

Lord Gill’s roll of directorships fill out a page on their own, yet you get the feeling his name was only included in the 2016 version of the register to leave in some detail , mainly because if Brian Gill’s long list of interests were missing – as they should be, given Lord Gill left the role before the September 2015-16 period covered by the register – there would be little to read of the rest.

Far from being retired, Gill is still a judge, only now based at the UK Supreme Court in London, and is scheduled to hear a tax case appeal involving Volkswagen Financial Services (UK) Ltd (Respondent) v Commissioners for Her Majesty’s Revenue and Customs (Appellant) in November.

Compared to registers of interest which apply to other public servants including elected politicians, the three Court of Session senators, three sheriffs and a Justice of the Peace declare – as the Judicial Office for Scotland will tell you – only what is required in terms of the rules – rules written and approved by, themselves.

A bit like you writing the rules of your own tax return or register of interest.

Think on, for a moment. If you wrote the rules, what would you pay in tax or declare as interests in a register? Right. Now you understand.

Comparing these ‘declarations’ with judges long legal careers and glowing biographies complete with not one hint of hardship, scandal, financial loss or deviation from a perfect business record – there is little trace of the millions of pounds of public cash paid in judicial salaries over the years.

And this is one of the blanks in the life of the judiciary which raises questions on what judges are so hostile about declaring in a fully published register of interests.

Put it this way – If you were paid around £200,000 public cash (and not forgetting pension perks) for ten or fifteen years, picked up work along the way and positions on powerful quangos, you could imagine picking up a few interests, properties, and so on over the years. Life would indeed, be a jolly.

There is, for example no trace of declarations which appear in registers required by other public sector workers – such as hospitality, paid outside work and other earnings, jobs, consultancies, speeches, connections, you name it they do it, and of course, the big one – property.

Lord Gill owned a plush £1.7m Victorian mansion in Edinburgh, yet not once in any version of the register from 2012 to now, did said mansion or at least a property value ever appear.

The same is true for all the other judges who have come and gone on the now renamed SCTS Board register.

Property? forget it. This paltry register for a few judges is not the place for transparency.

The lack of detail in someone’s life in terms of interests, and assets – is, perhaps as any HMRC investigator or clued up person may come to realise .. inconsistent with the subject’s receipt of significant sums over the course of time.

Reality Check. £40 million in public cash (along with any unlisted extras in that ever so dodgy Scottish budget) is lavished on Scotland’s judiciary every year.

£220K a year for just one judge – for years, well connected, investments, art, properties as grand as a Prince and more international travel junkets than James Bond.

Yet when the judiciary are asked questions about their interests, and to explain why their position is judges should not declare their interests like everyone else – every response ends with a carefully constructed threat, given out in a public arena, with no shame.

From shares in bribes companies Sheriffs to private banks & hedge funds, and big wigs with big wings, little trace exists of the enormous sums of public cash and where it goes.

This seems a little unfair – for a collection of people who, at the swish of a pen, can change your life as you know it, public life as we know it, strike down legislation from our parliaments, or shut off your child’s life support – or even yours – if you have no one to speak for you.

Thus, the case is easy to present why those with the most power, must feel the full weight of transparency even more than the rest of us. Not rocket science, is it – M’Lud.

Compare – if you will –  the judiciary’s £40 million or more a year and every year – to msps who may find themselves ordered to pay back hotel expenses.

Unpleasant for some, isn’t it –  while a judge pitches up, demands a £5K bag of public cash to fly off to some mystery law conference at the other side of the world, everyone else must account for the last penny, and declare all their interests or face the possibly of an appearance in front of a judge who does not adhere to such indignities as transparency.

Easy therefore to understand, why the judiciary should be required to register their interests in full, like everyone else – rather than the scant declarations in the latest Register of Interests published by the Scottish Courts and Tribunals Service Board:

Rt. Hon. Lord Gill: (from 1 April to 31 May 2015) Director of Scottish Redundant Churches Trust, a company limited by guarantee registered in Scotland (SC162884), Director of the Royal School of Church Music, a company limited by guarantee registered in England (Reg’d No 250031), President of the Royal Society for Home Relief to Incurable, Edinburgh, Trustee of the Columba Trust: a trust for the benefit of the Roman Catholic Church in Scotland, Trustee of the Royal Conservatoire of Scotland Endowment Trust: a trust for the benefit of RCS and its students, Trustee of the Royal Conservatoire of Scotland Trust: a trust for the benefit of the RCS and its students, Trustee of the Royal School of Church Music: a registered charity for the promotion of church music in the Christian Churches (Reg No 312828) Vice President of the Royal Conservatoire of Scotland, Chairman of Council, Royal School of Church Music

Rt. Hon. Lord Carloway: Trustee, Scottish Arts Club

Rt. Hon. Lady Smith:  Chair and Trustee – Royal Scottish National Orchestra Foundation, President and Trustee – Friends of the Music of St Giles Cathedral, Honorary Bencher – Gray’s Inn

Sheriff Principal Duncan Murray: Commissioner, Northern Lighthouse Board, Trustee Kibble Education and Care Centre

Sheriff Iona McDonald: Deputy Lieutenant for Ayrshire and Arran, Partner in property rental firm

Sheriff A Grant McCulloch: Chair West Fife Education Trust, Chair Relationship Scotland – Couple Counselling Fife, Committee Member Cammo Residents Association, Chair – Discipline Committee ICAS

Johan Findlay JP OBE Honorary Sheriff Justice of the Peace

Dr Joseph Morrow QC: Lord Lyon King of Arms, Member of Judicial Council, Trustee, Munday Trust, Dundee Trustee, Kidney Trust, Dundee Trustee, Tealing Community Hall Legal Assessor, South Episcopal Church President, Society of Messengers at Arms President, Scottish Genealogical Society Patron, Scottish Family History Society

Dr Kirsty J Hood QC: Self Employed Advocate Regular ad hoc employment with the University of Edinburgh – delivering seminars on one of the LLB courses, Regular ad hoc employment with the University of Glasgow – delivering lectures/seminars on one of the LLB courses, Contributor of updates to “Scottish Lawyers Factbook” (W Green. Publishers), Clerk of Faculty – Faculty of Advocates (non-remunerated) Member of the Scottish Committee of Franco-British Lawyers Society (non- remunerated)

Simon J D Catto: Member Gateley (Scotland) LLP: Head of Litigation, Member of Cornerstone Exchange LLP, Member of Cornerstone Exchange No2 LLP

Professor R Hugh MacDougall: None Eriska Trust, Cunningham Trust, Cross Trust, St Columba’s Hospice, Visiting Professor University of Edinburgh

Joe Al-Gharabally: Ernst & Young

Anthony McGrath: (from 1 April 2015 to 31 December 2015) Saltire Taverns Ltd, Consultation and mentoring assignment with Cantrell & Cochrane PLC. This includes sitting on the commercial Board of a subsidiary called The Shepton Mallet Cider Mill based in Somerset.

Col. David McIlroy: (from 1 January 2016) Independent Prison Monitor

Eric McQueen: Member of the Scottish Civil Justice Council

In August this year, DOI reported on the shareholdings of members of the same SCTS Board, in an article here: STILL BANKING, M’LORDS: Judicial quango in charge of Scotland’s Courts & Tribunals remains mired in financial links to Banks, investment funds, insurance, property & corporate vested interests

The current Scottish Courts and Tribunals Service Board Register of Shareholdings reveals the following declarations of shareholdings:

Lord President – Rt Hon Lord Carloway: None
Lord Justice Clerk – Rt Hon Lady Dorrian: None
President of Scottish Tribunals – Rt Hon Lady Smith: Artemis Fund Managers, Barclays, Blackrock AM, Brown Advisory, Goldman Sachs, Global Access, Henderson Investment, Ishares PLC, JP Morgan, Lazard Fund Managers, Pimco Global, Vanguard Funds PLC, Fundrock Management CO Gsquaretrix.
Sheriff Principal Duncan L Murray: None
Sheriff Iona McDonald: None
Sheriff A Grant McCulloch: None
Johan Findlay OBE JP: Aviva, Vodaphone, Santander, Unilever, Norwich Union, Legal & General, Fidelity Funds Network, Lloyds Banking Group, Thus Group, HBOS, Trafficmaster, Standard Life.
Dr Joseph Morrow QC: None
Lord President – Rt Hon Lord Gill (note: Lord Gill retired on 31 May 2015 and was succeed by Lord Carloway). :Henderson UK Growth Fund Retail Class Acc, Newton Global Equity Fund, Aviva Investors UK Equity Fund, Scottish Widows UK Growth Sub-Fund, HSBC Balanced Fund (Retail Acc), Royal Mail Plc, TSB Group Plc, Urban and Civil Plc, Vestry Court Ltd.

In an effort to bring greater transparency to Scotland’s judiciary – Petition PE1458: Register of Interests for members of Scotland’s judiciary – first debated at Holyrood’s Public Petitions Committee in January 2013 – calls for the creation of a publicly available register of judicial interests – containing information on judges’ backgrounds, figures relating to personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, membership of organisations, property and land, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.

A full debate in the Scottish Parliament’s main chamber was held at the Scottish Parliament on 9 October 2014 – ending in a motion calling on the Scottish Government to create a register of judicial interests. The motion was overwhelmingly supported by MSPs from all political parties.

Previous articles on the lack of transparency within Scotland’s judiciary, investigations by Diary of Injustice including reports from the media, and video footage of debates at the Scottish Parliament’s Public Petitions Committee can be found here : A Register of Interests for Scotland’s Judiciary

 

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PUBLISH & BE JUDGED: As Lord President, Lord Hamilton gave nod to transparency after media interest prompted decision to publish judges’ expenses claims

Former Lord President Lord Hamilton, now of Qatar court. TRANSPARENCY has not always been the perceived sworn & deadly enemy of Scotland’s jet setting, boozing, partying, public-funds-cheating & tax avoiding-island-hopping-bank-fiddling Judiciary of Scotland  – as one former Lord President proved when confronted by journalists investigating the veil of secrecy around our ermine clad public servants.

For the story of how Scotland’s judiciary finally surrendered details of their own cash splurging expenses claims – began with an investigation by Diary of Injustice during 2010 – prompting a decision by the then Lord President – Lord Arthur Hamilton – to publish judges expenses claims on a quarterly basis ever since.

The task – to break the secrecy around how much public cash our judges were burning up for junkets here, there and everywhere – was admittedly difficult.

The Scottish Government – initially claimed they held no such figures – and none existed.

The same was true of the Scottish Courts Service – eager to keep the open wallet policy of throwing cash at the judiciary out of the headlines.

But, there was Freedom of Information – a tool to be used by all – media and public alike – to break the secrecy of our public institutions no matter how high up the ladder they regard themselves.

Compared to England & Wales – where the judiciary were required to publish their expenses claims and had done so for many years, going that little bit further in Scotland appeared almost impossible, with the resistance encountered from public bodies responsible for  the figures.

The more resistance, the more suspicion there was … something to hide.

On top of judicial salaries in 2010 – around £6.1 million, the judges were topping up their positions with cumulative expenses claims of £200K.

Admittedly perhaps not in the Westminster Parliament’s expenses fiddling league – but getting there – if left secretive and unchecked.

However, once told of the queries – Lord Hamilton – the top man – was having none of it – and the Scottish Courts Service were ordered to make the figures public on a rolling basis – every quarter.

And since 2010, on a more often than not regular basis, the public are able to read up on how much Scotland’s eerily secretive, not-very-diverse-or-representative-of-the-wider-community judges plunder from the public purse by clicking here: Judiciary of Scotland – Judicial Expenses Claims

In one quarter alone this year – from 1 April to 31 June, our Court of Session Senators on salaries of up to £225K a year – claimed a whopping £17,331.57 extra in expenses.

Lord Carloway – who is otherwise occupied in fighting proposals before the Scottish Parliament to create an even greater and more effective level of transparency – Petition PE1458: Register of Interests for members of Scotland’s judiciary – claimed £1315.66 expenses in the last quarter available.

Lady Dorrian – The Lord Justice Clerk – claimed a mere £338, Lady Smith – £176.55. Lady A Carmichael- £121. Lord Kinclaven claimed a whopping £6,195.35 – most of which falls under the heading of “accommodation and subsistence”. Lord Brailsford required £14.85 from the public purse – the same judge whose name appears on the title deeds of the Laigh Hall – as a “trustee” for the Faculty of Advocates who swiped it from public ownership. Lord Matthews claimed £308.70. Lord Pentland claimed £385.86. Lady Stacey claimed £741.50. Lord Tyree claimed £490.52. Lord Stewart claimed £3,990.75. Lord Burns claimed £103.80.Lord Armstrong claimed £2,709.50. and Lady Rae claimed £439.53. Bringing a grand total of £17,331.57 for a mere three months work for a handful of judges.

It’s a tough life being a Senator of the Court of Session.

All that jet setting, sitting in court, gatherings with the legal crowd at taxpayers expense. resisting declaring their interests.

A tough life indeed – but at least Lord Hamilton allowed the media and the public the chance to peer a little deeper into how our cash flowed out on judicial jet set junkets and judicial expenses claims.

Since retiring as Lord President, Lord Hamilton now serves on the supplementary panel of the United Kingdom Supreme Court (UKSC).

Additionally, from April 2015 – the former Lord President now holds a position on the Qatar International Court and Dispute Resolution Centre – where big business can confront each other over – as the title suggests – disputes.

The Qatar International Court (QIC) is based in Doha, Qatar. The Court’s mission statement from their website states: “To provide a world-class international court and dispute resolution Centre that will maintain the highest ethical standards, act in accordance with internationally recognized best practices and deliver justice fairly and efficiently with a firm commitment to upholding the Rule of Law.”

The court is led by QIC President, The Rt. Hon. The Lord Phillips of Worth Matravers – former Lord Chief Justice of England and Wales who served as President of the Supreme Court of the UK from 2009 to 2012.

Appointed along with Lord Hamilton was Edwin Glasgow QC from England, Gopal Subramaniam from India and Justice Laurence Li, a former supplementary judge of the Qatar International Court, from Hong Kong.

The QIC comprises the QFC Civil and Commercial Court and the QFC Regulatory Tribunal established pursuant to QFC Law No 7 of 2005, as amended by QFC Law No 14 of 2009. The QIC has internationally renowned judges with expertise in complex commercial disputes and serves to uphold the rule of law, applying the highest quality international legal standards to civil and commercial disputes between individuals and business entities operating both in and outside the QFC.

Readers will be familiar with Lord Brian Gill’s five day state visit to Qatar LORD JET SET: Scotland’s top judge Lord Gill takes 5 day STATE VISIT to Qatar as investigation reveals judiciary’s international travel junkets spree.

Gill took the junket in preference to appearing before the Scottish Parliament to give evidence on A Register of Interests for Scotland’s Judiciary

 

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QUESTION TIME, M’LORD: Top judge Lord Carloway to face MSPs on his opposition to judicial transparency & proposal to create a register of judges’ interests

Lord Carloway called to Scottish Parliament on judicial register. SCOTLAND’s top judge – Lord President Lord Carloway has been invited to appear before the Scottish Parliament to face questions on his opposition to proposals requiring the judiciary to declare their interests.

The invitation to the top judge has been issued by the Scottish Parliament’s Public Petitions Committee – who are conducting a four year investigation on a call for full judicial transparency –  contained in the widely backed petition – Petition PE1458: Register of Interests for members of Scotland’s judiciary.

During last Thursday’s meeting of the Public Petitions Committee – Deputy Convener Angus MacDonald MSP (SNP) led calls to keep the petition open and called for Lord Carloway to face questions on his known opposition to the judicial transparency proposals.

Deputy Convener Mr MacDonald – who also chaired the meeting – said “I would be interested to ask if he [Lord Carloway] would be keen to come in and give oral evidence to back up his earlier submission.”

Speaking on the background of the petition, the Deputy Convener said: “I have some background to the issue. There was a debate in the chamber on the matter in the previous session, and the petition received quite a lot of support from members. Also in the previous session, the former Lord President, Lord Gill, appeared before the Public Petitions Committee.”

Mr MacDonald continued: “We have received a submission from the current Lord President, Lord Carloway, who is basically opposed to the suggestion, and I would be interested in asking whether he would be keen to come in and give us oral evidence to back up his earlier submission.”

Angus MacDonald also reiterated his support for the idea of a judicial register – keenly expressed by the SNP MSP during the earlier Holyrood debate in 2014.

The Deputy Convener also called for legal academic Professor Alan Paterson to be invited to give evidence before the committee.

Mr MacDonald said: “I note Professor Alan Paterson’s comments and criticisms in relation to the perceived inadequacies of the current recusals register. It could be helpful to take oral evidence from him, too.”

Earlier this year Professor Paterson – of the University of Strathclyde – provided written evidence to MSPs in which the legal academic issued stinging criticisms of the current “Recusal Register” – set up by Lord Gill as a result of a private meeting with MSPs.

Writing in a letter to the Petitions Committee – Professor Paterson said: “The Public Register of Judicial Recusals is indeed to be welcomed but it only records the cases in which Scottish judges have actually recused themselves, not the cases in which they have been asked to recuse themselves and have declined to do so, far less those in which they might reasonably have been asked to recuse themselves but were not.”

“In short, we cannot always tell if judges are recusing themselves or declining to recuse themselves in the right cases. One measure which might assist with that issue is to ask whether the decision as to recusal should be left to the judge who has been challenged.”

As the meeting continued – Brian Whittle MSP (Scottish Conservatives) added: “I think the petition is not unreasonable. I would be quite keen.”

The committee had earlier heard from MSP Maurice Corry (Scottish Conservatives) – who initially said the judicial register “would be no bad thing” – then moved an unsuccessful motion to close the petition.

After the session ended, the Public Petitions Committee published their decision to call in further witnesses: “PE1458 by Peter Cherbi on register of interests for members of Scotland’s judiciary. The Committee agreed to invite the Lord President and Professor Alan Paterson to give oral evidence at a future meeting.”

However, Carloway – who earns £225K a year as Lord President – along with significant pension perks and jet set junkets – is already on record as being against the judicial transparency proposals

Lord Carloway – who succeeded Lord Brian Gill as Lord President – claimed in written evidence earlier this year to the Petitions Committee the justice system could be brought to a halt if judges were forced to declare their wealth and interests.

Lord Carloway (real name: Colin Sutherland) told MSPs: “The proper administration of justice could be inhibited by the disclosure of the judiciary’s otherwise confidential financial arrangements. In that connection, there is the possibility that an individual judge may be the subject of misconceived criticism, deriving from the disclosure of personal financial information, where those interests are tangential and de minimis.”

If the judicial transparency proposal becomes reality, all members of Scotland’s judiciary – instead of just the elite few who sit on the board of the Scottish Courts – will be required to declare their vast and varied interests including their backgrounds, personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, membership of organisations, property and land interests, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.

More on the full debate in Holyrood’s main chamber is reported with video footage and the official record, here: Debating the Judges

A full report on Lord Carloway’s opposition to judicial transparency can be found here: Top judge Lord Carloway hits out at judicial interests register proposal

Video footage of the meeting & transcript follows:

Petition PE1458 Public Petitions Committee Scottish Parliament 29 Sept 2016

Judiciary (Register of Interests) (PE1458)

The Deputy Convener: PE1458, is by Peter Cherbi and calls for the establishment of a register of interests for members of Scotland’s judiciary. Members will have seen the note by the clerk and submissions from the petitioner and Professor Paterson. Members will also be aware of further information that was provided by Mr Cherbi in respect of the Scottish Courts and Tribunals Service and the Judicial Complaints Reviewer.

The action that is called for in Mr Cherbi’s petition received support from a number of MSPs in the previous session of Parliament, but neither the Scottish Government nor the current or former Lord President supports the introduction of such a register.

Do members have any views on what we should do with the petition?

Maurice Corry: I personally do not think that the proposed register would be the worst thing but, since the views of those who decide on the matter are set, the petition should be closed.

Rona Mackay: I have sympathy with Mr Cherbi and agree that there should be a register. However, I am not sure how much further we can take the petition or what road we could go down to progress it.

The Deputy Convener: I have some background to the issue. There was a debate in the chamber on the matter in the previous session, and the petition received quite a lot of support from members. Also in the previous session, the former Lord President, Lord Gill, appeared before the Public Petitions Committee. We have received a submission from the current Lord President, Lord Carloway, who is basically opposed to the suggestion, and I would be interested in asking whether he would be keen to come in and give us oral evidence to back up his earlier submission.

I note Professor Alan Paterson’s comments and criticisms in relation to the perceived inadequacies of the current recusals register. It could be helpful to take oral evidence from him, too.

I also note Mr Cherbi’s suggestion that we should invite the Judicial Complaints Reviewer, Gillian Thompson, to give her thoughts on the proposal to create a register of judicial interests. However, we took evidence from her on the petition in the previous session and I am unsure whether she has changed her view, which was that there should be a register.

Would members be interested in hearing from Lord Carloway and Professor Paterson?

Maurice Corry: That seems pretty fair.

Brian Whittle:The petition is not unreasonable, and I would be keen to explore the issue further.

Rona Mackay: I agree. I would be happy to hear more evidence, as it is a big subject.

Maurice Corry: I am happy with that.

The Deputy Convener: We can ask the Lord President whether he is prepared to give oral evidence to the committee—there was a difficulty with the previous Lord President agreeing to do that. If he does not agree to do that, we will have to refer to his written submission.

Do we agree to that suggested course of action?

Members indicated agreement.

Today, the Judicial Office for Scotland refused to give any comment on their behalf or from Lord Carloway.

The Sunday Herald newspaper reported on latest developments in the long running petition here: MSPs to grill new Lord President on judicial register of interest

And, the Sunday Mail newspaper reported on the invitation to Lord Carloway here:

 Judge Lord Carloway faces demands from MSPs over judges’ register

2 Oct 2016 By Mark Aitken

THE Lord President has been asked to appear before Holyrood’s petitions committee, who are considering a submission for a judicial register of interests.

JUDGE Lord Carloway is facing demands from MSPs to explain why his colleagues’ business and financial secrets shouldn’t be made public.

The Lord President has been asked to appear before Holyrood’s petitions committee, who are considering a submission by campaigner Peter Cherbi for a judicial register of interests.

Details could include gifts, property, shares and criminal convictions.

Public petitions committee deputy convener Angus MacDonald said: “We’ve had a submission from the Lord President, who is basically opposed to the suggestion.

“However, I would be interested to ask if he would be keen to come in and give oral evidence to back up his earlier submission.”

A Judicial Office spokesman said: “We’re not in a position to comment as the Lord President has not received any such invitation.”

Previous articles on the lack of transparency within Scotland’s judiciary, investigations by Diary of Injustice including reports from the media, and video footage of debates at the Scottish Parliament’s Public Petitions Committee can be found here : A Register of Interests for Scotland’s Judiciary

 

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JUDICIAL REPORTS AXED: Reports by trailblazing Judicial Investigator exposing lack of accountability & power of Scottish judges – removed in bid to silence debate on judicial transparency

Key reports on judges by crusading Judicial investigator removed from public view. GROUND BREAKING reports written by a trailblazing Judicial investigator on the inner workings of the Judiciary of Scotland have been removed from public view  by the Scottish Government – in an apparent bid to wipe evidence of the lack of accountability of Scotland’s elite, secretive and all-powerful judiciary.

The three hard hitting reports – authored by Moi Ali – Scotland’s first ever Judicial Complaints Reviewer (JCR) are no longer available on the JCR’s website after they were removed by the Scottish Government – who control the website.

The key reports cover the years 2011-2014 – when Lord Arthur Hamilton, and subsequently Lord Brian Gill – served as Lord President & Lord Justice General. Gill (75) – who was Lord Justice Clerk in 2011, succeeded Lord Hamilton to the top judicial post in June 2012.

The ground-breaking insight into Scotland’s judiciary also formed part of evidence submitted to a Scottish Parliament investigation into proposals to create a Register of Interests for Scotland’s Judiciary: Petition PE1458: Register of Interests for members of Scotland’s judiciary.

The disappearance of the three highly acclaimed and critical reports on heavy handed secretive Scottish judges was revealed in an investigation this week by the Sunday Herald newspaper.

Diary of Injustice has republished the JCR annual reports making them available to the public once more here: Judicial Complaints Reviewer Scotland Annual Report 2011-2012, Judicial Complaints Reviewer Scotland Annual Report 2012-2013 and Judicial Complaints Reviewer Scotland Annual Report 2013-2014

The Sunday Herald investigation also revealed Gillian Thompson OBE – who took over the role  of Judicial Complaints Reviewer from Moi Ali in late 2014 – has not produced an annual report in the two years since she was appointed to the post.

Gillian Thompson is known to support calls to create a register of interests for judges.

During the summer of 2015, Ms Thompson appeared before the Public Petitions Committee and fully backed proposals to require judges to declare their interests.

In response to questions from members of the Scottish Parliament’s Public Petitions Committee, JCR Gillian Thompson OBE told MSPs: “I do not see that there is a reasonable argument to be made against people who are in public service—I might go further and say, in particular, people who are paid by the public pound—providing information, within reason, about their other activities.”

A full report and video footage of Gillian Thompson’s evidence to the Scottish Parliament and her support for a register of judicial interests can be found here: Judicial watchdog tells MSPs – Judges should declare their interests in public register.

However, little has been heard from the JCR since Ms Thompson’s 2015 Holyrood appearance and the Sunday Herald article states the current JCR “could not be reached”.

And the lack of an annual JCR report since 2015 comes despite a Ministerial Directive to the JCR to produce an annual report which former JCR Moi Ali described as “an important form of public accountability”.

The Ministerial directive – listed in page four of the 2012-2013 annual report, states : “Appointed Scotland’s first Judicial Complaints Reviewer in 2011, I published my first annual report in January 2013 for the period to August 31st 2012. The JCR has no independent power to publish reports and may do so only if directed by Scottish Ministers. This year I asked the Cabinet Secretary for Justice for an open-ended direction to publish an annual report, which he issued. Now, successive JCRs will have a clear requirement to report annually. Stakeholders have a right to know about the work of public appointees: the publishing of an annual report is an important form of  public accountability.”

Serving as Judicial Complaints Reviewer, Moi Ali appeared before the Public Petitions Committee of the Scottish Parliament in a hard hitting evidence session during September of 2013.

Ms Ali gave a full account of her role as Judicial investigator to MSPs, and went on to describe oversight of Scottish judges as “Window Dressing”.

At the hearing, Ms Ali also backed proposals before the Scottish Parliament calling for the creation of a register of judicial interests.– reported here: Judicial Complaints Reviewer tells MSPs judges should register their interests like others in public life.

The full transcript of evidence from Moi Ali during her tem as Judicial Complaints Reviewer can be found here: Evidence from Scotland’s Judicial Complaints Reviewer Moi Ali to Public Petitions Committee on Petition 1458 Register of Interests for Scotland’s Judiciary, video footage of the hearing can be viewed here:

JCR Moi Ali gives evidence to Scottish Parliament on a proposed Register of Judicial Interests

Writing in a further letter to the Public Petitions Committee Judicial Complaints Reviewer Moi Ali told MSPs of the “incredibly powerful” nature of the judiciary and why a register of judicial interests would help judicial transparency and public confidence in the justice system.

Moi Ali stated: “I write not from the viewpoint of the judiciary, who have a vested interest in this issue. I write from the perspective of the Scottish public. I write not on behalf of those who hand down justice, but those who are on the receiving end. It is important that their voice is heard. They have a right to know that justice is being done, an essential component of which is that it is seen to be done. A register of interests is a tangible way of showing that justice is being done.”

“Given the position of power held by the judiciary, it is essential not only that they have absolute integrity but crucially, that they are seen to have absolute integrity. Again, a register of interests is a way of demonstrating that a judicial office holder is impartial and has no vested interest in a case –financially, through family connections, club/society membership or in any other way. Conversely, the refusal to institute a register of interests creates suspicion that in turn undermines judicial credibility. So once more, a register of interests is good for the judiciary and good for the public.”

If the judicial transparency proposal becomes reality, all members of Scotland’s judiciary – instead of just the elite few who sit on the board of the Scottish Courts – will be required to declare their vast and varied interests including their backgrounds, personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, membership of organisations, property and land interests, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.

The proposal to require all members of the judiciary to declare their interests gained cross party support from msps during a debate on the petition – held at the Scottish Parliament on 7 October 2014, and reported along with video footage and the official record, here: Debating the Judges. MSPs overwhelmingly supported a motion urging the Scottish Government to create a register of judicial interests.

The Scottish Parliament’s Petitions Committee is due to hear Petition PE1458 on Thursday 29 September 2016.

A submission from the petitioner to MSPs asks the Committee to invite Professor Alan Paterson to give evidence in a public session.

Writing in evidence to MSPs earlier this year, Professor Patterson heavily criticised the “Recusal Register” – which was set up by Lord Gill as a result of a private meeting with MSPs in a bid to head off the intense probe by MSPs into judicial interests and transparency.

A full report on Professor Patterson’s written evidence to MSPs can be found here: Law Professor – room for widening transparency to include more than pecuniary interests, current recusals register is not complete.

MSPs have also received a request to take forward earlier recommendations to invite the new Lord President – Lord Carloway – to appear before the Public Petitions Committee and face questions on his opposition to judicial transparency and declarations of judicial interests.

Lord Carloway is known to oppose opening up a register of judicial interests. In an earlier letter to MSPs, the latest in a long line of Lord Presidents blasted calls for judicial transparency.

The top judge – who succeeded Brian Gill as Lord President – claimed in a letter to the Petitions Committee that justice could be brought to a halt if judges were forced to declare their wealth and interests.

Lord Carloway (real name: Colin Sutherland) told MSPs: “The proper administration of justice could be inhibited by the disclosure of the judiciary’s otherwise confidential financial arrangements. In that connection, there is the possibility that an individual judge may be the subject of misconceived criticism, deriving from the disclosure of personal financial information, where those interests are tangential and de minimis.”

A full report on Lord Carloway’s opposition to judicial transparency can be found here: Top judge Lord Carloway hits out at judicial interests register proposal

A suggestion has also been passed to MSPs to contact current JCR Gillian Thompson to establish if there are any further views she wishes to put forward in terms of support for the petition already given by Ms Thompson during an evidence session held at the Scottish Parliament during June 2015.

Previous articles on the lack of transparency within Scotland’s judiciary, investigations by Diary of Injustice including reports from the media, and video footage of debates at the Scottish Parliament’s Public Petitions Committee can be found here : A Register of Interests for Scotland’s Judiciary

 

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WOLFFE’D HALL: Edinburgh Council admit defeat in Parliament House titles fiasco – officials no longer pursuing recovery of Scotland’s top court buildings to common good public ownership

Top court now owned by ‘public body’ run by judges. THE City of Edinburgh Council have this week confirmed no further action is being taken by the council to recover ownership to the common good of Parliament House – the seat of Scotland’s top courts.

In a statement issued to the media, a spokesperson for the City of Edinburgh Council said in relation to Parliament House: “We are not pursuing legal action regarding ownership of the Parliament House.The building, however,  remains in public ownership and is publicly accessible.”

The Scottish Courts and Tribunals Service (SCTS) now have full title to Parliament House – granted to them by Scottish Ministers.

However as the SCTS is a public body which is effectively controlled by a quango commanded by Scotland’s top judges – the status of “public ownership” may well fall to be a loosely applied term given how the titles came to be in the possession of the courts after Scottish Ministers took ownership of Parliament House from the common good.

The City of Edinburgh Council’s costly £53K legal action to recover the lost titles of Parliament House – which was destined to be heard in the very same court buildings – was abandoned almost as instantly as papers were served by the council’s legal agents on the Scottish Courts and Tribunals Service and Scottish Ministers- reported in further detail here:  WOLFFE HALL: Papers reveal Council’s legal action ‘abandoned’, £320K Faculty refurbishment of Laigh Hall.

Commenting on the Laigh Hall – a large area of building which runs underneath Parliament House and was ‘gifted’ to the Faculty of Advocates by the Scottish Government, a Council spokesperson, said: “Shortly after Scottish Ministers registered these buildings they transferred the title for Laigh Hall to the facility of advocates. We understand that this transfer is subject to Scottish Ministers having first refusal to reaquire the property in the event of a sale.”

A spokesperson for the council also confirmed earlier moves by Edinburgh Council to ‘persuade’ the SCTS & Scottish Government to voluntarily hand back ownership, were also at an end.

DOI has previously published documents released under Freedom of Information legislation which revealed lawyers representing trustees of the Faculty of Advocates informed Registers of Scotland (RoS) that the Laigh Hall – part of the Parliament House complex – had been occupied by the Faculty for some 150 years, with no recorded titles – yet Scottish Ministers and Registers of Scotland went ahead and granted ownership to the Faculty of Advocates.

Last year Diary of Injustice reported on the City of Edinburgh Council’s efforts to recover the titles to Parliament House after land reform campaigner Andy Wightman – now an MSP – revealed land titles to the buildings of Scotland’s top courts were ‘gifted’ by Scottish Ministers to the Faculty of Advocates.

A disclosure of eighty eight pages of documents released to DOI under Freedom of Information legislation – revealed at the time the Scottish Government had no plans to act over their handing over of the Parliament Hall land titles to the Faculty of Advocates.

Documents released by the Scottish Government and published by DOI also revealed the former Dean of the Faculty of Advocates – James Wolffe QC (now Lord Advocate) – refused to give any expectation of success on attempts by Edinburgh Council to recover public ownership of titles to Parliament House and the Laigh Hall.

In a separate 47 page Freedom of Information document release by Registers of Scotland (RoS)– the body charged with registering land ownership in Scotland – several documents highlight Scottish Government civil servants scrambling to protect Ministers from questions over the titles loss in the Scottish Parliament while vested legal interests are of a clear persuasion titles should be handed over to the Faculty of Advocates.

Records of titles to the Laigh Hall – Parliament House – Queen Street – ownership stands in the name of “SIDNEY NEIL BRAILSFORD Queen’s Counsel, Treasurer of HONOURABLE THE FACULTY OF ADVOCATES Edinburgh, as Trustee and in Trust for said Faculty”. Sidney Brailsford is none other than High Court Judge Lord Brailsford.

Scotland’s current First Minister – Nicola Sturgeon also weighed in on the debate, but only after being asked questions during a session of First Minister’s Questions.

The First Minister gave little indication the Scottish Government were willing to ensure titles were handed back to the City of Edinburgh Council : Parliament House handed over to Faculty of Advocates FMQ’s Nicola Sturgeon 19 February 2015 and as the Council have now confirmed, the matter is closed.

DOOMED TOP COURT TO UP STICKS?

Amid rumours of plans loosely based around the Scottish Government’s desire for “modern justice centres” to one day move the Court of Session out of Parliament House, questions remain on who will ultimately benefit financially from any redevelopment of the imposing, gargantuan buildings which make up Scotland’s top court and power seat of the judiciary.

The sprawling complex of high value, if aging buildings – located in the centre of Edinburgh – are described as “inaccessible” “Victorian” and “unfit for modern court needs” in loose discussions between interested parties and land developers.

However, development possibilities for Parliament House reveal a host of difficulties in turning “an overly ornate set of imposing buildings” into a mixture of office, business and residential units.

Concerns of resistance from the legal profession, elements of the judiciary and a “public outcry” appear to be uppermost in the minds of developers and politicians who may wish to move the judges out of their plush Parliament House headquarters to a “greenfield site”.

In the last few years, ‘improvements’ to Parliament House saw £58 million of taxpayers cash spent on updating the constantly crumbling court buildings – which also house the offices of Scotland’s powerful judicial clique and their top judge – the Lord President, currently Lord Carloway (real name Colin Sutherland).

Some in the legal fraternity have since pointed to the recent multi million pound expenditure on improvements as part of a move to clean up Parliament House before a possible transfer of court staff and court functions and eventual sale of the buildings to the private sector.

It also emerged during hearings at the Scottish Parliament’s Justice Committee in the summer of 2013 – the Scottish Court Service (SCS) – the predecessor to the Scottish Courts and Tribunals Service (SCTS) had previously demanded around £120 million of taxpayers cash be spent on renovating Parliament House.

£60M TO ‘IMPROVE’ PARLIAMENT HOUSE:

In the summer of 2013,  Scotland’s top judge Lord Gill – head of the Scottish Court Service Board, and the Scottish Court Service Chief Executive Eric McQueen appeared before MSPs at the Scottish Parliament’s Justice Committee to give evidence on court closures and the millions spent on Parliament House – yet neither the judge nor the Courts chief mentioned their astonishing secret to the MSPs present – that the title to Scotland’s highest court buildings had been swiped by the Faculty of Advocates in a deal on the sly with Scottish Ministers.

During questions from Justice Committee MSPs, SCS Chief Executive Eric McQueen gave evidence on the massive £60 million taxpayer funded spend on Parliament House.

The Court Service Chief told MSPs: “We are just coming to the end of the Parliament house contract; in total, the budget for it was £65 million and I think that we expect the final spend to be in the low £60 millions. The project has been delivered on budget, on time and on quality. How it has been delivered is a tribute to the Scottish Court Service.

McQueen continued: “I will give a potted history of the Parliament house situation. About 10 years ago, a scheme was in place that was going to run to way over £120 million. That was brought to a stop to allow us to reassess things and to consider the best strategy. At the same time, we looked at a business case for moving away from Parliament house altogether and having a development on a greenfield or brownfield site on the outskirts of Edinburgh. The major problem with Parliament house is that it is a grade A listed building and is a site of special historical interest. It should be a landmark building for the whole of Scotland.”

In an intervention, the Convener of the Justice Committee – Christine Grahame MSP said: “I am glad that you did not move to a greenfield site. It would have been a bit like going to B&Q. I do not mean to malign B&Q, but I like the old Parliament house building.”

Eric McQueen replied : “Had the decision been taken to move out of Parliament house, that asset would have been left with the Scottish Government. The infrastructure and the services were shot, and there was no fire certificate in place for the building. It would have cost as much to move out as to redevelop the building. From the point of view of the benefit to the nation and to the Scottish Government’s purse, the investment of the £65 million in Parliament house over that five or six year period was quite a sensible business case decision.”

Sitting beside Eric McQueen was Lord President Brian Gill, who did not at any stage of the meeting volunteer information to the Justice Committee in relation to the titles arrangements of Parliament House, despite the multi million pound taxpayer funded refurbishment.

Previous reports on the loss of public ownership of Scotland’s top court – Parliament House can be found here: Parliament House – The lost titles to the City of Edinburgh

 

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STILL BANKING, M’LORDS: Judicial quango in charge of Scotland’s Courts & Tribunals remains mired in financial links to Banks, investment funds, insurance, property & corporate vested interests

Banks & corporate interests are ‘quids in’ for judges. THE LATEST snapshot of financial investments held by a select few members of Scotland’s ultra secretive judiciary who sit on the judge-controlled body in charge of the courts – reveals banks convicted of rate-rigging, insurance cartels, property and corporate vested interests – remain favoured havens for judicial wealth.

Registers of Interests declaring the shareholdings of Scotland’s top judges – released by the Scottish Courts and Tribunals Service (SCTS) – in response to a Freedom of Information request – show minor changes in the pro-banks & big business investment structures of a handful of leading judges – since the issue was first revealed in the media and reported in further detail by Diary of Injustice in 2014.

However, Scotland’s top judge – Lord President Lord Carloway – who earns a salary of £220,655 a year – is listed under shareholdings in the register as holding “none”.

Lord Justice Clerk Lady Dorrian – who earns £213,125 a year – is also listed under shareholdings in the same register as holding “none”.

Three other members of the judiciary who currently sit on the powerful Scottish Courts & Tribunals Service Board – also have nothing to declare in terms of shareholdings – leaving former Lord President Lord Brian Gill, Lady Smith and Justice of the Peace Johan Findlay as the only three remaining judges to declare any financial investments.

The existence of the shareholdings register of a select few judges came to the attention of the Scottish Parliament’s Public Petitions Committee who have been conducting a three year probe into proposals to create a judicial interests register – after details of judges’ shareholdings were revealed in an investigation published by the Sunday Herald newspaper.

The Sunday Herald investigation also revealed Sheriff Principal Dunlop QC – who presided over a court hearing involving Tesco – held shares in the supermarket giant yet did not absent himself because having shares in a company that is party to a court action does not require a member of the judiciary to step down from a case.

And, as a result of further investigations by the Scottish Sun newspaper – it was revealed the same Sheriff Principal Alistair Dunlop (who was also a member of the powerful Scottish Court Service Board until leaving this role in 2015) – held shares in companies which had been convicted of paying bribes in Iraq, and China – reported in further detail here: PROCEEDS OF CRIME: Judicial Interests investigation reveals top Sheriff Principal has shares in company fined £13.9million for Iraq bribes case & mining giant caught in China bribe scandal.

The current Scottish Courts and Tribunals Service Board Register of Shareholdings reveals the following declarations of shareholdings:

Lord President – Rt Hon Lord Carloway: None
Lord Justice Clerk – Rt Hon Lady Dorrian: None
President of Scottish Tribunals – Rt Hon Lady Smith: Artemis Fund Managers, Barclays, Blackrock AM, Brown Advisory, Goldman Sachs, Global Access, Henderson Investment, Ishares PLC, JP Morgan, Lazard Fund Managers, Pimco Global, Vanguard Funds PLC, Fundrock Management CO Gsquaretrix.
Sheriff Principal Duncan L Murray: None
Sheriff Iona McDonald: None
Sheriff A Grant McCulloch: None
Johan Findlay OBE JP: Aviva, Vodaphone, Santander, Unilever, Norwich Union, Legal & General, Fidelity Funds Network, Lloyds Banking Group, Thus Group, HBOS, Trafficmaster, Standard Life.
Dr Joseph Morrow QC: None
Lord President – Rt Hon Lord Gill (note: Lord Gill retired on 31 May 2015 and was succeed by Lord Carloway). :Henderson UK Growth Fund Retail Class Acc, Newton Global Equity Fund, Aviva Investors UK Equity Fund, Scottish Widows UK Growth Sub-Fund, HSBC Balanced Fund (Retail Acc), Royal Mail Plc, TSB Group Plc, Urban and Civil Plc, Vestry Court Ltd.

Among the non-judicial members of the same SCTS Board, declarations in their registers of interests, also disclosed via FOI legislation reveal:

Eric McQueen: None
Dr Kirsty J Hood QC: None
Simon J D Catto: Aberdeen Football Club PLC, Scottish Power UK Plc, Royal Mail PLC.
Joe Al-Gharabally: RBS, Ryanair, Aviva, AT & T
Professor R Hugh MacDougall: None
Colonel David McIlroy: None
Anthony McGrath: (note – Mr McGrath was a Board member until 31 December 2015 and was succeeded by Col David McIlroy, following completion of his term of office): Accys Technology, Alexander Mining, Apple, Ashley House, Asian Citrus, Augean, Avanti Comms, Barclays Bank Bond, Billings Services, Camkids, Cell Therapeutics, Centamin, Chariot Oil, Chemring, Coal Of Africa, Consolidated General Minerals, Correro, Cupid, East West Resources, Emblaze, Essenden, e-Trade Financial, Fox Marble, Globo plc , Goldenport Holdings, Goldplat, Heritage Oil, HSBC Holdings, Imic, Infrastrata, Interpublic, Jubilee Platinum, Lloyds Banking, Magnolia Petroleum, Mobile Streams, Norseman Gold, Polo Resources, Pure Bioscience, Quindell, Reach4entertainment, Resource Holdings, Royal Bank of Scotland, Saltire Taverns, Stagecoach, Standard Chartered, STV, Tanfield, Tower resources, Volga Gas, Westminster Group.

However, missing from any register is property ownership by judges and their relatives, together with interests in real estate, buy to let and property companies – a well known and profitable area of big business for members of the judiciary and their family members.

Big ticket items such as property are suspiciously omitted from the meagre financial declarations of high earning elite judges – who remain eager to keep their vast interests in property off the books and out of reach from potential accusations of conflict of interest in swathes of land & property related court hearings going through the courts.

The very limited disclosures of the Scottish Courts and Tribunals Service Board members also contain no references to outside earnings & work, relationships to law firms, big business and more detailed declarations which may be picked up by a fully published register of judicial interests as is currently being considered by MSPs.

The three year probe by the Scottish Parliament’s Public Petitions Committee on proposals to create a register of judicial interests: Petition PE1458: Register of Interests for members of Scotland’s judiciary previously heard ‘claims’ from Scotland’s former top judge – Lord Brian Gill – that a register listing all financial interests of judges was “unworkable” for the entire judiciary.

However, some members of the Petitions Committee have voiced their unease during previous committee hearings that such a register as already exists for a handful of judges who sit on the SCTS Board – could not be implemented for the entire judiciary in Scotland.

If the judicial transparency proposal becomes reality, all members of Scotland’s judiciary – instead of just the elite few who sit on the board of the Scottish Courts – will be required to declare their vast and varied interests including their backgrounds, personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, membership of organisations, property and land interests, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.

The proposal to require all members of the judiciary to declare their interests gained cross party support from msps during a debate on the petition – held at the Scottish Parliament on 7 October 2014, and reported along with video footage and the official record, here: Debating the Judges. MSPs overwhelmingly supported a motion urging the Scottish Government to create a register of judicial interests.

COMPANIES CONVICTED OF BRIBES, & SCOTTISH JUDGES WHO INVEST IN THEM:

The Scottish Sun newspaper reported how one judge – Sheriff Principal Alistair Dunlop – held shares in Weir Group – who were hit with a £13.9m Proceeds of Crime bill for bribing Saddam Hussein’s regime in Iraq.

JUDGE HAS SHARES IN BRIBE FIRM

Stocks Register Plea

EXCLUSIVE: by Russell Findlay
Scottish Investigations Editor The Scottish Sun on Sunday May 11 2014

A TOP judge holds shares in a firm hit with a £13.9million proceeds-of-crime bill for bribing Saddam Hussein’s regime,The Scottish Sun on Sunday can reveal.

Sheriff Principal Alastair Dunlop 62, has a stake in Glasgow based Weir Group, hammered in 2011 for paying kickbacks to land contracts in Iraq.

He also has shares in mining giant Rio Tinto, whose executives admitted bribery in China four years ago.

Sheriff Dunlop – the most senior sheriff in Tayside, Central and Fife – must declare his interests as a Scottish Court Service Board member but they are not made public.

Last night campaigner Peter Cherbi – who led calls for a register to improve transparency – said “I believe judges like Sheriff Principal Dunlop cannot hold investments in firms guilty of breaking the law”

Tory MSP John Lamont added “The public would fully expect judges to be transparent. A register would improve public confidence.”

Sheriff Dunlop declined to comment but the Judicial Office for Scotland said investments were “a matter for the individual”.

A full listing of Sheriff Principal Alistair Dunlop’s declared shareholdings – published by Diary of Injustice in August 2014 – revealed a significant list of companies caught up in allegations of corruption around the world.

Sheriff Principal R A Dunlop QC: Astrazeneca, BHP Billiton, Blackrock AM UK Gold & General, Bluescope Steel, BNY Mellon Newton Global, CG Real Return Inc, Close Brothers Group, Diageo, Findlay Park FDS American Smaller Cos., G4S, Henderson Global Invs, ING Global Real Estate Securities, Intercontinental Hotels, JP Morgan Private Equity, Lomond Shipping Co, Lloyds Banking, M&G (Guernsey) Global Leaders, National Grid, Oakley Capital Investments, Origo Partners, Pernod Ricard, Prudential, Rio Tinto, Royal Bank of Scotland, Royal Dutch Shell, Scottish Oriental Smaller Cos, Tesco, Vodafone, Weir Group.

Further details including information on criminal cases involving companies in the investment portfolios of Scotland’s judiciary is reported here: JUDICIAL RICH LIST: Register reveals top judges investments in dodgy justice system providers, companies linked to international bribes scandals.

Previous articles on the lack of transparency within Scotland’s judiciary, investigations by Diary of Injustice including reports from the media, and video footage of debates at the Scottish Parliament’s Public Petitions Committee can be found here : A Register of Interests for Scotland’s Judiciary

 

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