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TRIBUNAL INTERESTS: Calls for wealthy, well connected interests & professions who dominate tribunals & appeals system to be brought into line with transparency & declarations in published register of interests

Tribunals are dominated by wealthy, powerful individuals & professional groups. AMID an ongoing media probe into the undeclared, and significant interests of individuals and professional groups who dominate public tribunals, a call has been made for all tribunal members to declare and register their interests.

The manner in which tribunals are created and governed in Scotland, is a familiar model of professionals within the same groups and spheres of influence – awarding jobs to colleagues, the favoured, and vested interests.

A no expenses spared approach for tribunal members who tow the line is often the case, enhanced with office accommodation such as the new tribunals centre being created in Glasgow at 3 Atlantic Quay, a high-quality office development close to the River Clyde in the centre of the city.

Last week, the Scottish Courts & Tribunals Service (SCTS) confirmed they and Her Majesty’s Courts and Tribunals Service (HMCTS) have decided to rationalise their accommodation and move jointly into the new centre – which is being rented out at nearly £2million a year from the Moorfield Group and partners Resonance Capital.

The moves planned to start next year will also mean that accommodation is ready for the tribunals that are going to be devolved to the SCTS.

Members of tribunals are recruited by the Judicial Appointments Board (JAB) during appointments rounds regularly held to fill vacancies in the murky world of the Scottish Courts and Tribunals Service and Judiciary of Scotland.

Applicants face interviews from their peers across the legal, professional, charitable and public service world & industries awash with public cash, junkets, charity interests, coaching, arbitration & consultancy profits.

Successful candidates are subsequently appointed by Scottish Ministers.

An example of a recent appointments round run by the Judicial Appointments Board saw 30 new Legal Members and 19 Ordinary Members appointed by the Scottish Ministers to the First-tier Tribunal for Scotland and assigned to the Housing and Property Chamber by the President of Scottish Tribunals, Lady Smith.

A full report on the appointments can be found here: TRIBUNAL REGISTER: Calls for transparency as legal & wealthy, well connected interests dominate Tribunals system membership – Register of Recusals & Interests should be extended to cover all Tribunals in Scotland

The names of those appointed are:

Legal Members: Yvonne McKenna; Lesley-Anne Mulholland; Nairn Young; Shirley Evans; Alastair Houston; Steven Quither; Petra Hennig McFatridge; Colin Dunipace; Lesley Johnston; Anne Mathie; Kay Springham; Alan Strain; Aidan O’Neill; Jan Todd; Alison Kelly; Valerie Bremner; Eleanor Mannion; Virgil Crawford; Pamela Woodman; Lynsey MacDonald; Karen Kirk; Neil Kinnear; Fiona Watson; Nicola Irvine; Graham Dunlop; Andrew Upton; Joel Conn; Melanie Barbour; Lesley Ward; Andrew McLaughlin.

Ordinary Members: Eileen Shand; Elizabeth Williams; Janine Green; Jennifer Moore; Linda Reid; Angus Lamont; David Fotheringham; David MacIver; David Wilson; Gerard Darroch; Gordon Laurie; James Battye; Leslie Forrest; Tony Cain; Elizabeth Currie; Frances Wood; Jane Heppenstall; Melanie Booth; Sandra Brydon.

Not one of these members  – the thirty lawyers – or the nineteen ‘ordinary’ members – has declared any interests in a publicly available register of interests – as there is currently no requirement to do so.

The Judicial Appointments Board publish a version of a register of interests,- available here: Judicial Appointments Board – Register of Interests

However, the JAB register of interests leaves out any mention of property wealth and many other interests known to be held by those serving on the quango tasked with recruiting Scotland’s judiciary and tribunal members.

A legal insider commenting on the JAB register observed: “It appears as if members are poor souls sitting round a table with little to declare, whereas the undeclared financial wealth and status on this list is significant and ought to be declared”

The world of Disability Living Allowance appeals and PIP appeals has too come under the spotlight – after a study of appeal panels revealed members wealth and property totalling in the millions compared to disabled applicants who were being ‘knocked back’ on applications for a few extra pounds a month.

The tribunal structure which covers benefits appeals are riven with huge, wealthy interests, yet there is no register and no ability for those appearing before them to inspect those who sit in judgement upon their claims.

In one look at a DWP Tribunal comprising a surgeon, a lawyer and a ‘disabled’ tribunal member – accumulated wealth between the three, their partners and businesses and properties totalled well into the millions, yet claimants, some with no limbs who are struggling to claim an extra £30 a month and get knocked back while tribunal members are paid expenses & remuneration know nothing of it.

An adviser who assists those facing benefits appeal tribunals gave an example of a benefits tribunal membership:

A surgeon tribunal member – of 25 years experience as a medical practitioner owned several properties, has several positions on public bodies, has a long history of advising Government departments on medical legislation, has appeared as an expert witness on many occasions for NHS trusts and assisted Medical Defence Unions in the UK against hospital negligence claims.

His partner has a similar level of interests in terms of wealth and property, has a wide variety of positions in advising and acting for quangos,public bodies, professions, local and central government.

A solicitor member of the tribunal, who has over 20 years experience of a solicitor owns numerous properties, holds several other positions on tribunals and has made a lucrative career of advising and representing quangos, public bodies and has fought and won cases for professional groups.

However, the third member – the disability member of the tribunal – proved to be the most interesting.

The disability member, who is in receipt of DLA – holds significant assets and property well out of the reach of any typical DLA or PIP claimant.

This same disability member appears to hold several positions on public bodies and has frequently traveled on publicly funded junkets.

And, the same disability member has been the author of written reports on individuals – one which was described by a former local Government employee as “a personal vendetta” against a claimant from the same town in which the tribunal was held.

The former benefits adviser also recalled a recorded hearing – in which the same disability member became aggressive during a benefits appeal hearing – and demanded an assisted blind claimant remove their black glasses.

The net worth of the three members of this particular DLA tribunal was estimated at around £5.2m – taking into account the tribunal members partners, whose interests often coincided with public bodies, professions, local and central government.

It has also been alleged remuneration and expenses for benefits appeal tribunal members include payments for “knocking back applicants”.

A former Local Government employee who worked in the benefits section of a council told of how he had been part of a discussion at his former workplace where a senior member of staff claimed DLA tribunal members had on occasion been paid hundreds of pounds more for throwing out DLA applications.

Clearly, those before such a tribunal have the right to know who they face, and the interests of those who judge them.

The National reports further:

Call for change to tribunals – Legal campaigner says recusal register myst be extended

Martin Hannan Journalist 14 October 2017 The National

THE man who is leading the transparency campaign for Scotland’s judges to register their interests now says the idea should be extended to everyone who sits on a public tribunal.

Peter Cherbi will shortly pass the five-year mark in his campaign via the Scottish Parliament’s Petitions Committee for there to be a judicial register of interests, similar to those registers already in existence to which all elected politicians and police officers must conform.

The register proposal has been strongly resisted by senior judges and other top lawyers, but is supported by politicians from all parties – the Petitions Committee has taken considerable amounts of evidence and is due to debate the plan again shortly.

Now Cherbi, who is well-known in Scottish legal circles for his blogging and campaigning for reform of the Scots law system, says that tribunal members should also have to declare their interests.

Under the present system of appointments to tribunals it is up to members themselves to declare an interest if, for example, they have personal relationships with those appearing before them, and step aside from a case – known as recusal.

There has been considerable re-organisation of the tribunal system in Scotland since the Tribunals (Scotland) Act 2014 simplified the statutory framework.

The First-tier Tribunal is organised into a series of chambers. From December 1, 2016, the Housing and Property Chamber was established and took on the functions of the former Home Owner and Housing Panel and the Private Rented Housing Panel.

From April 24 this year, the Tax Chamber was established and took on the functions of the former Tax Tribunals for Scotland.

The Upper Tribunal hears appeals from the First-tier Tribunals and the head of the whole system is Scotland’s most senior judge, the Lord President, Lord Carloway, with the Rt Hon Lady Smith as president of the Scottish Tribunals.

Others tribunals include the Mental Health Tribunal, the Additional Support Needs Tribunal, the Council Tax Reduction Review Panel and the Lands Tribunal. More tribunals will come with greater devolved powers but employment tribunals are still under the control of the Westminster Government.

Cherbi says all such public tribunals should be open and transparent about their members’ interests and points out that there is no register of recusals for any of the tribunals.

He said: “As should the judiciary now declare their interests in a publicly available register, members of tribunals who are engaged in the business of judging others should declare their full interests and any instances of recusals in a publicly available register.

“The business of judging others – for it surely has become a business over the years – must now be subject to the same public expectation of transparency and accountability as tribunals apply to those appearing before them.

“The public, the media and our democratically elected politicians in our Parliament, as well as those who are judged, have the right to view, be informed about, and inspect those who judge society with unchallenged power in equal light.

“And this is not just about Scottish Tribunals. Take for instance DLA appeals and PIP appeals. The tribunal structure which covers those are riven with huge, wealthy interests, yet there is no register and no ability for those appearing before them to inspect those who sit in judgement upon their claims.

“I looked at a Department of Work and Pensions Tribunal comprising a surgeon, a lawyer and a ‘disabled’ tribunal member – accumulated wealth between the three, their partners and businesses and properties totalled well into the millions, yet claimants, some with no limbs who are struggling to claim an extra £30 a month, get knocked back while tribunal members are paid expenses and remuneration and we know nothing of it.”

A Scottish Government spokesman said: “We consider that a specific register of interests is not needed. Existing safeguards, including the Judicial Oath, the Statement of Principles of Judicial Interests and the system of complaints against the judiciary, are sufficient to ensure the impartiality of the judiciary in Scotland.”

YOUR TRIBUNAL: A publicly funded adversarial environment full of vested interests:

Next year, tribunals will move to an expensive new home in the centre of Glasgow.

The Scottish Courts and Tribunals Service (SCTS) and Her Majesty’s Courts and Tribunals Service (HMCTS) are to rationalise accommodation in Glasgow and the new Tribunals Centre will be located at 3 Atlantic Quay.

The SCTS claim the 34 hearing rooms for cases to be heard, the design of the centre will provide excellent facilities for all tribunal users, and specific  support for young users with additional support needs.  Additionally, the centre will provide facilities for vulnerable witnesses to give evidence to both Glasgow Sheriff Court and the High Court.

During 2018, the SCTS-supported Housing and Property and Health and Education Tribunal Chambers will move into the new Centre. The HMCTS-operated social security tribunal will move at a similar time with other tribunals HMCTS services to follow at a later date.

The SCTS provides support to many of Scotland’s devolved tribunals and is making preparations for the future transfer of the UK reserved tribunals operations in Scotland, currently provided by HMCTS.

Lady Smith, President of Scottish Tribunals – who is in charge of the £7.8million Scottish Child Abuse Inquiry – claimed:  “The creation of the new Tribunals Centre in Glasgow is the latest important development in the evolution of the Scottish Tribunals. The premises will act as a hub for tribunals supported by SCTS, providing a range of modern facilities and services for tribunals users. They will also offer a separate, appropriately designed space, for vulnerable witnesses and users, including for witnesses providing evidence for Sheriff and High Court cases in Glasgow. This co-located approach to provision for the tribunals should be regarded as a flagship for the administration of justice in Scotland in the 21st century.”

Eric McQueen, Chief Executive, SCTS said: “This has been an exciting opportunity with SCTS and HMCTS working together to create a bespoke tribunals centre, improving the services we provide for tribunals, while reducing costs.  It also provides an early opportunity to bring together SCTS and HMCTS staff to prepare for forthcoming tribunal reforms.”

Kevin Sadler, Deputy Chief Executive, HMCTS said: “We are committed to improving people’s experience of the justice system by providing facilities that are modern, comfortable and accessible.We have worked collaboratively with SCTS on this opportunity and we look forward to creating a joint tribunals centre with them in the heart of Glasgow.”

If you have any experience before any of these Tribunals, or information in relation to cases, Diary of Injustice journalists would like to hear about it. All information and sources will be treated in strict confidence, contact us at scottishlawreporters@gmail.com

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.

Previous reports on moves to publish judicial recusals in Scotland and a media investigation which prompted further reforms of the Scottish Register of Judicial Recusals can be found here: Judicial Recusals in Scotland – Cases where judges have stood down over conflicts of interest

 

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KEEN TO TALK: Advocate General with criminal conviction for firearms offence promotes ‘UK Legal Services are best’ campaign in Singapore – in effort to attract Asian customers to Brexit-hit UK legal market

Lord Keen of Elie in Singapore. A GOVERNMENT minister with a conviction for a firearms offence is currently in Singapore on a taxpayer funded bash – promoting a UK Legal Services are great campaign in the hope of attracting Asian customers to the UK’s dwindling legal services sector and courts.

Lord Keen – real name Richard Sanderson Keen – who joined the Lords on 8 June 2015 and was appointed Advocate General for Scotland – has flown to Singapore to promote the UK legal industry in a social media & twitter #LegalServicesAreGREAT campaign to promote the UK as a hub of legal excellence.

However, the same Lord Keen was convicted of a firearms related offence in March 2017.

The campaign, hosted at the UK High Commission and other venues in Singapore – brings together lobby groups such as the Law Society of England & Wales, the Law Society of Scotland, a host of legal firms, and so-called ‘independent’ legal regulators – the Legal Ombudsman, Bar Council and others.

Asian customers attending the Singapore conference are invited to “Discover what makes UK legal services great – The UK’s legal system has inspired and influenced similar legal systems worldwide. Every year, we attract many international businesses who want to take advantage of the UK’s globally respected legal services.”

Attendees to the conference have listened to Lord Keen promoting UK legal services and the so-called world respected UK legal profession & industry.

However, in March 2017, Lord Keen – who also once held the post of Dean of the Faculty of Advocates – was fined £1,000 after admitting a firearms offence at Edinburgh Sheriff Court.

Earlier this year, Advocate General for Scotland Richard Keen QC pleaded guilty – by letter – to breaching section two of the Firearms Act 1968 by ‘failing to secure a shotgun’.

Police investigating a ‘break-in’ at one of Mr Keen’s properties – a house in Edinburgh – found that the weapon had been left outside a secure cabinet.

The weapon, a Stephen Grant 12 Gauge shotgun – was outside its required storage area and was in a position to have been made use of, should the need have arisen – observed one firearms expert.

The incident & related court hearings,-  which sources claim contained “incredulous assertions” prompted a media investigation revealing the extent of firearms ownership by top lawyers & judges, reported here:  SILENCERS IN COURT: ‘Guns & Ammo’ rife in Scotland’s legal elite – Police Scotland disclose firearms ownership of judges, sheriffs, lawyers, advocates, QCs & Crown Office prosecutors

The new Legal Services Are Great campaign, staged by the UK Government and funded by taxpayers cash – in which Lord Keen plays a role – comes amid fears Brexit could turn to Lexit – where legal firms & litigants may chose to conduct arbitration & court business in other jurisdictions.

A post by the Ministry of Justice on Medium.com titled “Why UK legal services are GREAT”  claims: The UK is home to the best legal services in the world. That is the message of our new global campaign to promote the UK’s legal services.
With over 200 international law firms, the UK is a global hub of legal expertise

From nearly four decades in the legal profession and as a UK Government minister and Advocate General for Scotland, I have seen first-hand the exceptional talent and expertise within our legal services sector across the whole of the UK.

In a global and competitive marketplace, we know what international clients want when they’re looking for legal services.

Clients want to choose a law to govern their contracts that gives them the flexibility, confidence and certainty they need. They want legal firms that have a track record in and reputation for providing expert advice. They want judges that are not only experts but also incorruptible and fair when it comes to settling disputes. They want courts that are expeditious and that harness the latest technology. These qualities are all woven into the fabric of the UK’s legal services.

The Ministry of Justice campaign goes onto claim:

Experienced judges: Our judges are renowned for their independence, rigour and commercial expertise in all aspects of the law. As a result, UK court judgments carry a guarantee of excellence which is respected internationally.

Professional expertise: The UK’s regulated barristers and solicitors represent clients worldwide. From helping you close cross-border business deals and manage financial transactions to resolving international disputes, our lawyers have the global expertise to help you build your business.

Robust contract law: English law is the most popular choice of law for commercial contracts. Valued for its clarity, it’s the world’s most enduring common law system and can provide certainty and security for your business deals.

UK: the cradle of the rule of law: The UK is the cradle of the rule of law. The roots of English law are deep; its adoption and influence is wide. It is the product of hundreds of years of evolution — of gradual refinement, development and extension, precedent after precedent.

As a result, English common law is clear, predictable and familiar. It underpins over a quarter of the world’s jurisdictions. It is the most popular choice of law in the world for commercial contracts and governs about 40% of all global corporate arbitrations.

UK: home to great law firms, expert judges and modern courts: But it is not just the pedigree of English law that makes the UK attractive. Our law firms, our judges and our courts that administer, interpret and arbitrate on the law are world-renowned.

Take UK law firms. With four of the top ten law firms in the world and with over 16,000 barristers, the UK has a wealth of talent and top legal expertise and advocacy.

Take UK Judges. They are respected internationally for their intellect, independence and commercial expertise, with many having specialist knowledge and practical understanding of commercial matters they are judging.

Take the UK’s judicial processes and courts. They do not just have hundreds of years of history behind them, they are among the best in the world in terms of being digitally-enabled.

The UK’s legal heritage, together with its expertise and innovation, makes it a popular choice for clients around the world. London brings access to the world’s biggest specialist legal centre for dispute resolution and commercial litigation.

However, the carefully worded claims make no mention of the fact parts of the UK judiciary has been engaged in a five year fight against proposals to require the judiciary to declare their vast wealth, and business interests – which have resulted in countless conflicts of interest in case after case.

And, more recently it has been uncovered the Ministry of Justice has been concealing statistics on judicial recusals in England & Wales – despite the same information being published in Scotland as paret of the Register of Judicial Recusals – now made available after the work of journalists, Judicial Complaints Reviewer Moi Ali, and members of the Scottish Parliament’s Public Petitions Committee.

The battle between members of the Judiciary of Scotland and the Scottish Parliament over a petition calling on judges to declare their interests has sparked ire among judges, amid concerns the judiciary are deliberately concealing significant conflicts of interest which has led to injustice across the spectrum of criminal, and civil cases in Scotland’s courts.

The Register of Recusals was created by Lord Brian Gill in April 2014 as a response to a probe by the Scottish Parliament’s Public Petitions Committee’s deliberations on Petition PE1458: Register of Interests for members of Scotland’s judiciary.

The proposal, first debated at the Scottish Parliament’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 on the proposal to require judges to declare their interests 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.

Of further note – all of the claims currently published by the Ministry of Justice in the #LegalServicesAreGREAT campaign – have been challenged by two successive Lord Justice Generals – the ranking top judge in Scotland –  where both Lord Presidents Lord Gill, and recently Lord Carloway – branding Scotland’s justice system as stuck in the “Victorian” era, and centuries behind the rest of the world.

Further studies by the EU have ranked Scotland’s justice system as one of the slowest, and most expensive in the world – with the most highly paid judges delivering the poorest results on civil and criminal justice – reported here: Scots Legal Aid ‘a £161Million public subsidy for legal profession’ as EU report reveals judges salaries & lawyers legal aid claims come before public’s access to justice

While keen to promote legal services to the world, the Ministry of Justice could not offer any further comment on the campaign or answer questions on how much public cash was allocated to the project.

The Ministry of Justice have refused to confirm claims attendees first, & business class flights & travel to the Singapore conference, hotel stays & hospitality have been paid by taxpayers.

 

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TRIBUNAL REGISTER: Calls for transparency as legal & wealthy, well connected interests dominate Tribunals system membership – Register of Recusals & Interests should be extended to cover all Tribunals in Scotland

Calls for tribunal members to publish interests & recusals. WITH THE announcement earlier this week of at least thirty solicitors have joined the First-tier Tribunal for Scotland, Housing & Property Chamber – there are calls for all members to be held to account by way of the publication of registers of interests for those who wish to take part in judgements affecting the lives of others.

The move comes after media enquiries have established a number of members of the tribunals have links to property businesses including letting, landlords services and other related interests which are not yet publicly declared by the Scottish Courts & Tribunals Service (SCTS).

And, with the existence of a Register of Judicial Recusals since 2014 – which recently saw significant improvements after a media investigation exposed failures to record judges standing aside in cases – there are also calls for a fully pubic Register of Tribunal Recusals to be published with equivalent detail on cases and Tribunal members as is currently disclosed by the Judiciary of Scotland.

Moves to improve transparency in the Tribunals system – and bring it up to speed with the judiciary – have come about after a number of cases have been brought to the attention of the media – where Tribunal members have failed to declare significant interests or step aside from hearings – which some participants have described as “rigged”.

An enquiry to the Scottish Courts & Tribunals Service last month – in the form of a Freedom of Information request – also revealed the SCTS is failing to keep any records of recusals of Tribunal members – despite the requirements in place for over three years that members of the judiciary have to notify and publish their recusals from court hearings.

In a response to the FOI request, the Scottish Courts & Tribunals Service refused to provide any information on Tribunal members standing aside from cases. The SCTS – who manage the tribunals – indicated no such information was held.

The SCTS response ended with a note all Tribunal members are subject to the same guidance to judicial office holders in terms of the Statement of Principles of Judicial Ethics – which has already been found to be flouted on a regular basis by even senior Court of Session judges who have been the subject of cases now reported in the media where they deliberately concealed conflicts of interest.

The SCTS said in response to the request asking for information on Recusals of Tribunal members: “The only information held by the Scottish Courts and Tribunals Service that falls within the description of your request is contained within guidance issued to judicial office holders. That guidance is the Statement of Principles of Judicial Ethics.”

A Tribunals User Charter for the Tribunals managed by the SCTS makes no mention of Tribunal members recusals or any registers of Tribunal members interests.

The announcement of the latest intake of members into the Tribunals system – an intake which is managed by the Judicial Appointments Board, was made by the Judiciary of Scotland here:

New Legal and Ordinary Members of the First-tier Tribunal for Scotland, Housing & Property Chamber

Thirty new Legal Members and 19 Ordinary Members have been appointed by the Scottish Ministers to the First-tier Tribunal for Scotland and assigned to the Housing and Property Chamber by the President of Scottish Tribunals, Lady Smith.

The announcement follows a recruitment round by the Judicial Appointments Board for Scotland (JABS), which invited applications from any suitably qualified individuals who wished to be considered for appointment.

The new members were recruited to assist in managing the increased jurisdiction of the Housing and Property Chamber that will handle more private rented sector cases from December 2017, including the new letting agents’ regime; transfer of jurisdiction from the sheriff courts; and new private tenancies.

The new members are as follows:

Legal Members

Yvonne McKenna; Lesley-Anne Mulholland; Nairn Young; Shirley Evans; Alastair Houston; Steven Quither; Petra Hennig McFatridge; Colin Dunipace; Lesley Johnston; Anne Mathie; Kay Springham; Alan Strain; Aidan O’Neill; Jan Todd; Alison Kelly; Valerie Bremner; Eleanor Mannion; Virgil Crawford; Pamela Woodman; Lynsey MacDonald; Karen Kirk; Neil Kinnear; Fiona Watson; Nicola Irvine; Graham Dunlop; Andrew Upton; Joel Conn; Melanie Barbour; Lesley Ward; Andrew McLaughlin.

Ordinary Members

Eileen Shand; Elizabeth Williams; Janine Green; Jennifer Moore; Linda Reid; Angus Lamont; David Fotheringham; David MacIver; David Wilson; Gerard Darroch; Gordon Laurie; James Battye; Leslie Forrest; Tony Cain; Elizabeth Currie; Frances Wood; Jane Heppenstall; Melanie Booth; Sandra Brydon.

The appointments came into effect on 18 September 2017.

Under changes to Scotland’s tribunals system which came into effect in July 2014, the Lord President is the head of Scottish Tribunals.  He has various statutory functions, including responsibility for the training, welfare and conduct of its members.

The Lord President has assigned Lady Smith to the role of President of Scottish Tribunals. She has various statutory functions, including responsibility for the efficient disposal of business in the Scottish tribunals, for the assignment of members to individual Chambers within the First-tier Tribunal, and for review of the members.

The First-Tier Tribunal for Scotland comprises a number of separate Chambers within which similar jurisdictions are grouped. The Housing and Property Chamber, which was established on 1 December 2016, performs the functions of the former Private Rented Housing Panel (PHRP) and the Homeowner Housing Panel (HOHP) in relation to tenancy and property related disputes. The Chamber will also start to handle more private rented sector cases from December 2017 including those arising in relation to the new letting agents’ regime; transfer of jurisdiction from the sheriff courts; and new private tenancies.

Appeals from the First-tier Tribunal go to the second tier of the new structure, the Upper Tribunal for Scotland.

Appeals from decisions of the Upper Tribunal go to the Inner House of the Court of Session.

Further information about the Scottish Tribunals visit the Scottish Courts and Tribunals Service can be found here: About Scottish Tribunals

The Tribunals (Scotland) Act 2014 created a new, simplified statutory framework for tribunals in Scotland, bringing existing jurisdictions together and providing a structure for new ones. The Act created two new tribunals, the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland.

The Lord President is the head of the Scottish Tribunals and has delegated various functions to the President of Scottish Tribunals, the Rt Hon Lady Smith.

The Upper Tribunal for Scotland: The Upper Tribunal hears appeals on decisions of the chambers of the First-tier Tribunal.

The First-tier Tribunal is organised into a series of chambers .

From 1 December 2016, the Housing and Property Chamber was established and took on the functions of the former Home Owner and Housing Panel and the Private Rented Housing Panel.

From 24 April 2017, the Tax Chamber was established and took on the functions of the former Tax Tribunals for Scotland.

Housing and Property Chamber

Tax Chamber

Tribunals Administered by the SCTS:

The Mental Health Tribunal for Scotland

The Additional Support Needs Tribunals for Scotland

The Council Tax Reduction Review Panel

The Pensions Appeals Tribunal

The Lands Tribunal for Scotland

The Scottish Charity Appeals Panel

If you have any experience before any of these Tribunals, or information in relation to cases, Diary of Injustice journalists would like to hear about it. All information and sources will be treated in strict confidence, contact us at scottishlawreporters@gmail.com

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.

Previous reports on moves to publish judicial recusals in Scotland and a media investigation which prompted further reforms of the Scottish Register of Judicial Recusals can be found here: Judicial Recusals in Scotland – Cases where judges have stood down over conflicts of interest

 

 

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POLICE REGISTER: ‘First responder’ Police Officers transparency in cops business interests register beats ‘last responder’ secretive elite judges still locked in 5 year battle against Holyrood on judicial interest register

Police Officers business interests register beats secrecy on judicial interests. POLICE SCOTLAND has released the latest data on their officers business interests, revealing enterprises from property letting to golf, education, entertainment & consultancies.

The information, disclosed in response to a Freedom of Information request, follows on from an article in May which revealed 1,512 Police Officers in Scotland have secondary businesses & jobs in addition to their work as Police Officers.

The information relating to business interests of Police Officers is recorded on the Police Scotland HR system (SCOPE).

Police Officers in Scotland  are required to conform to the provisions of the Police Service of Scotland Regulations 2013 which state: “A constable must not have a business interest without the consent of— (a) the Authority, in the case of a senior officer; (b) the chief constable, in the case of any other constable, provided that, in the case of any such constable in whose case the chief constable has an interest otherwise than as chief constable, the chief constable must refer the matter to the Authority for it to consider whether to consent.”

While the details disclosed by Police Scotland does not name actual companies and businesses in which officers are involved, the level of detail gives a flavour of potential cross over between cops second jobs and activities in public authorities, public contracts and particularly relationships with the legal world.

Police Scotland refused to provide an actual breakdown of organisations by name, claiming the cost would be too much to provide this information.

However, there is a significant public interest in the identification of businesses in which Police Officers operate, alongside their occupation as law enforcers, given potential conflicts of interest which can only truly be judged by the public, rather than Police Scotland itself.

The latest figures from Police Scotland reveal that since January 2015 there has been 354 Police Officers and 48 Police Staff who have been granted a business interest which is recorded on their SCOPE record.

However, Police Scotland refused to provide information on the number of Police Officers and Police Staff who have had a business interest refused – citing cost grounds on providing the information.

Police Scotland claimed they would have to “manually check each and every individuals personnel file to see if any individuals have applied and been refused”.

The full disclosure from Police Scotland on Police Officers & civilian staff outside business interests as of July 2017:

Executive: Property Letting.

Chief Superintendent: Education, Entertainment, Property Letting.

Superintendent: Agriculture, Property Letting, Shop or Other Like Business.

Chief Inspector: Coach, Director of Scottish Police Credit Union, Driving, Education, Golf, Photography, Property Letting, Shop or other like business, Sport Related, Voluntary Worker

Inspector: Administration, Board of Director, Football Club, Coach, Consultant, Crew member, Dance Class, Driving related, Education, Entertainment, Holiday Letting, Photography, Play in a Band, Property Letting, Referee, Retail Industry, Sales, Shop or other like business, Sport Related, Trade, Voluntary Worker:

Sergeant: Account manager, Administration, Agriculture, Childminding, Coastguard Rescue Officer, Construction, Consultancy, Driving, Education, Entertainment, Fitness, Football, Interior design/upholstery business, Gardening related, Health related, Landscape gardening, Musical interest, Office work, Photography, Piper, Play in a Band, Property Letting Retail, self-employed Joiner, Shop or other like business, Sport Related, Trade, Voluntary bailiff, Voluntary Worker.

Police Constable: Administration, Agriculture, Army cadet force instruction, beauty therapies, Catering, Cake making, Child-minding, Child nursery, Cleaning services, Coach, Coastguard Rescue Officer, Construction, Consultancy, Crew member, Cricket, Deer stalking, Driving, Education, Electrician, Entertainment, Fitness, Football, Foster carer, Freelance instructor, Gardening related, Ground maintenance worker, Gym attendant, Handicrafts, Handyman, Health related, Home carer, Indent chipping, Joiner, Martial arts, Motorcycle training instructor, Musical interest, Office work, Partner in family own farm, Parent Council, Photography, Piper, Play in a Band, Political, Professional footballer, Property Letting, Referee, Reservist, Retail, RNLI Lifeboat crew, Sales, Search Team Member, Self-defence Instructor, self-employed Joiner, Shop or other like business, Sport Related, Sports Therapy/rehabilitation, Spray Painter, Stockman, Tele-marketing, Territorial ARMY, Therapist, Trade, Training, Tutor, Unpaid Garage assistant, Voluntary Worker, Volunteer – Highland hospice, Volunteer – HM Coastguard, Web development and hosting, Writer.

Police staff (Civilian employees): Administration, Agriculture, B&B / Guest House, Beauty Therapies, Bicycle repairs, Caretaker, Cleaning Services, Comedy writer / Performer, Consultant, Consultant trainer, Dance class, Director, Driving, Education, Electrician, Entertainment, General maintenance Person, Handicrafts, Musical interest, Office work, Photography, Play in a Band, Property Letting, Receptionist/Administrator, Relief Support Worker, Reservist, Retail, Sales, Sale and Marketing, Secretary/treasurer, Self-catering holiday accommodation, Shop or other like business, Sport Related, Therapist, Trade, Voluntary Worker Wedding planner and car hire.

A Freedom of Information request recently published by Police Scotland on the website whatdotheyknow reveals figures of at least 1,512 Police Officers who have business interests outside their main employment in the Police Service for Scotland.

Regulation 5 of the aforesaid regulations outlines the provisions concerning any ‘business interest’ of a police officer. Police officers may also choose to disclose business interests of spouses or partners.

All police officers business interests are granted by the Chief Constable, which are based on their own particular circumstances and review dates are similarly set (based on individual).

Legislatively, the term ‘business interests’ covers a variety of categories and directorships fall within this. While a member of police staff is not legislatively required to declare business interests/secondary employment, contracts of employment can outline constraints on such activity.

For instance, some senior posts in Police Scotland are restricted; some politically, some commercially, some both.

Furthermore, the Anti-Corruption Policy includes putting in place procedures that support the identification of risks that business interests or secondary employment may pose to the organisation or individual.

An earlier Freedom of Information request to Police Scotland revealed certain business interests of the force’s top cops, :

For Chief Officers, this permission is granted (under Regulation 5 of the Police Service of Scotland Regulations 2013) by the Police Authority. The conditions and circumstances are outlined in this legislation which is available online, therefore section 25(1) of the Freedom of Information (Scotland) Act 2002 applies: information which the applicant can reasonably obtain other than by requesting it under section 1(1) is exempt information.

Information provided by Police Scotland revealed executive members (including the now resigned DCC Neil Richardson) business interests from 1 April 2014-31 March 2015.

Deputy Chief Constable Rose Fitzpatrick: Property letting, Member and Trustee of various Charitable Organisations

Deputy Chief Constable Neil Richardson: Property letting, Board Member for Scottish Institute of Policy Research Trustee/Vice President of various Police Associations

Journalists then requested further details from Police Scotland in a request for review of the FOI disclosure, requesting the organisations referenced in the initial disclosure be identified.

The subsequent response from Police Scotland revealed:

Deputy Chief Constable Neil Richardson: Trustee, The Police Treatment Centres charity; Vice President, Police Mutual Board Member; The Scottish Institute for Policing Research.

Deputy Chief Constable Rose Fitzpatrick: Member, Scottish Chief Police Officers Association; Trustee, The Rank Foundation (Charitable Organisation); Trustee, Salle Ossian Community Sports Club (Charitable Organisation); Advisory Panel Member, Dfuse (Charitable Organisation; Patron, Revolving Doors (Charitable Organisation)

In relation to the numbers of properties rented out by senior Police Officers, Police Scotland refused to release details on the numbers of properties.

Police Scotland said in their response to the Freedom of Information request:  “In relation to the number of properties relating to each Deputy Chief Constable, I have decided not to provide this level of information requested by you as it is considered to be exempt in terms of the Freedom of Information (Scotland) Act 2002 (the Act).”

“The number of properties which the respective Deputy Chief Constables hold as business interests is classed as personal information and as such Police Scotland believes that the disclosure of this information would cause unwarranted prejudice to the rights and freedoms and legitimate interests of the data subjects. Accordingly, release of this  information into the public domain would breach the requirement to process personal data fairly, as laid down by the first data protection principle in Schedule 1 of the Data  Protection Act 1998. This is an absolute exemption and does not require the application of the public interest test”

Police Scotland also refused to provide any values for the properties rented out by senior Police Officers, claiming the force did not hold the information:

Police Scotland said in their response: “Finally, Police Scotland does not hold details on the value of each property, as there is no requirement to do so under Regulation 5 of the Police Service of Scotland Regulations 2013.”

In comparison to the Police Scotland disclosure – members of Scotland’s 700 plus strong judiciary – who take the ultimate decisions on the results of Police detection of crime – do not share any details on their outside interests save a handful of judges who serve on the ruling Board of the Scottish Courts and Tribunals Service (SCTS).

COPS DECLARE, JUDGES CONCEAL:

Members of Scotland’s judiciary continue to wage a bitter five year campaign against proposals to require members of Scotland’s judiciary to declare their interests, and links to big business.

The salary scales of officers in Police Scotland – where all officers are required to declare their interests – show a Police Scotland constable can expect £24,204 per annum going up to £83,925 for a Chief Superintendent with 3 years experience to Assistant Chief Constables: £115,000, Deputy Chief Constables: £169,600 and the Chief Constable: £212,280

However – Scotland;s judges have no such requirement to declare interests, despite their huge  judicial salaries skyrocketing from Sheriffs on £144,172 a year up to Sheriff Principals on £155,706 a year while judges of the Outer House of the Court of Session earn £179,768 a year, Inner House judges earning £204,695. The Lord Justice Clerk (currently Lady Dorrian) earns £215,695 a year, and the Lord President (currently Lord Carloway, aka Colin Sutherland) earns £222,862 a year.

The proposal to bring greater transparency to Scotland’s judiciary – Petition PE1458: Register of Interests for members of Scotland’s judiciary – first debated at the Scottish Parliament’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 on the proposal to require judges to declare their interests 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 Sunday Herald and Sunday Mail newspapers, 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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COPS & LAWYERS: Concerns on Public Bodies Legal Fees spending as figures reveal Scottish Police Authority fork out over £1m in legal fees, Police Scotland spend at least £1.3 million on external lawyers

Millions from Police budget ends up funding lawyers. SCOTLAND’S single national Police service – Police Scotland is spending millions of pounds of public cash on external law firms, advocates & QCs over and above the significant costs of it’s own in-house legal teams.

The single national Police service for Scotland has admitted paying at least £1,316,819 to external solicitors, QCs, advocates and the courts over a three year period – over and above costs for in-house legal teams.

The largest beneficiaries of public cash from Police Scotland are Clyde & Co (formerly Simpson & Marwick) who were paid £361,801.91.

However, while that firm was still Simpson & Marwick prior to its merger with Clyde & Co, they earned £284,914.15, giving total earnings since January 2014, of £646,716.06.

Other big-earning firms from Police Scotland’s public cash splurge on major law firms were Morton Fraser (£278,069.60) and Ledingham Chalmers (£103,906.08).

However, the figures – released in response to a Freedom of Information request – Police Scotland & SPA Fees to external lawyers, law firms & QCs 2014 to 2017 – are now subject to scrutiny – after journalists questioned the Police as to why over half a million pounds paid by the Police to a law firm named in a £400m collapsed Hedge Fund scandal and a suspended judge were excluded from the figures handed over by Police well out of timescales tolerated by the Scottish Information Commissioner.

It was reported by the Scottish Sun in March 2016, a sum of £187K was paid to lawyer Peter Watson – a sheriff who has been suspended from the judicial bench for well over two years, and a further £364,830 was paid to Levy and Mcrae – the Glasgow based law firm named in a £28m writ in connection with the collapse of the Heather Capital hedge fund, run by Gregory King who is subject to a Crown Office probe now in it’s fourth year.

Police Scotland also disclosed at least £52,014 has been paid to in respect of Opinions of Counsel and Senior Counsel instructed by in-house Legal Services directly and at least £32,378 has been paid to the Scottish Court Service since January 2014 by in-house Legal Services directly.

Police Scotland also disclosed the names of law firms and Advocates Chambers who have received legal fees.

And, today, it has emerged in an additional, three months late FOI disclosure – the controversial Scottish Police Authority (SPA) has admitted to spending millions more on legal fees for it’s own use, with at least £623K spent on external law firms and £435K on it’s own in-house legal teams.

SPA Legal Costs (in-house and Third Party) From Jan 2014 to June 2017 saw the following public cash spends on third party legal costs: £154,449 (2013/14) £104,570 (2014/15) £175,785 (2015/16) £167,667 (2016/17) and £20,543 spent already in this financial year which runs to 2018 making a total of £623,012 on third party legal costs.

Costs for the SPA’s own in-house legal team has now reached £434,512 in just three years.

However, unlike Police Scotland, the secretive Scottish Police Authority refused to identify the names of law firms & counsel involved in it’s £1million plus legal expenses bill.

The SPA’s refusal to identify legal firms via FOI legislation has now been submitted for review, and possible investigation by the Scottish Information Commissioner, after weeks of deliberate delays by the SPA in disclosing the legal costs.

Additionally, questions are also being raised with the Scottish Information Commissioner on Police Scotland’s attitude towards Freedom of Information timescales after weeks of deliberate delays in the force’s handling of FOI requests.

The breakdown of the total figure for solicitors’ fees by solicitor from 2014 – 2017 as paid by Police Scotland are as follows:

AC White £396; Allan Black & McCaskie £300; Allcourt Solicitors £462; Balfour & Manson £1236.3; Blackadder & McMonagle £342; Brazenall & Orr £168; Carruthers Curdie Sturrock & Co. £324; Clyde & Co.(Simpson & Marwick) £361801.91; Cockburns  £54; Corrigal Black £306; Criggies £42; Douglas Gilmour & Son £36; DWF £134.8; Gray & Gray £60; George Mathers & Co £600; Grigor & Young £1920; Hamish L Melrose £540; Hunter & Robertson Solicitors £1872; John Henderson & Sons £2232; Leddingham Chalmers £103906.08; Linda George Family Law £984; MacIntosh Humble £174; Mackie Thomson £96; Mackintosh Wylie £48; Macnabs Solicitors £312; Malcolm & Hutchison £132; Mathie McCluskey £78; McCluskey Browne £2032; McCusker McElroy & Gallanagh £30; McIntyre & Co £258; McLellan Adam Davis £54; MacDonald McIver & Co £353.1; Morton Fraser £278069.6; Patten Prentice £96; Rankin & Aitken £42; Reid Cooper £15901.92 ;Russel & Aitken £60; Russell, Gibson McCaffrey £4084.8; Simpson and Marwick £284914.15; Stewart Balfour £48; Thorntons £3760.16; W & AS Bruce £60 TOTAL: £1,068,320.82

The sum paid to advocates broken down by chamber and year are as follows:-

Chambers fees from 2014 – 2017: 5 Essex court £16620; Ampersand £84000; Arnot Manderson £12840; Axiom  £8640;  Black  £6600; Compass £20334; Terra Firma £3780 TOTAL: £152,814

The National newspaper reports on the Police spend on external law firms, here:

Police Scotland ‘spends £1k a day to fight legal battles’

Martin Hannan Journalist 13th August

Police Scotland’s legal costs were exposed after FoI requests

DESPITE having its own legal team, Police Scotland has spent more than £1000 per day on external legal lawyers and court costs since January, 2014.

In the three years and six months to June of this year, Police Scotland paid out £1,316,819 to external solicitors, QCs, advocates and the courts, according to figures released under Freedom of Information (FoI) rules.

Peter Cherbi, the legal issues campaigner and blogger who made the FoI requests, has criticised the force after it refused to answer The National’s questions on the issue, directing us to use FoI questions.

Cherbi said: “There are firms on the FoI list provided by Police Scotland who specialise in legal issues relating to defence of damages claims and other similar legal issues, yet at this time the force appears unwilling to cough up the real reasons for running to lawyers at all hours of the day.”

More than 950 fee notes were issued to Police Scotland by law firms and individual solicitors, with £32,378 paid directly to the Scottish Courts Service for costs incurred in numerous actions.

More than 40 law practices across Scotland were paid for work, some of which is believed to have been connected to the many police property disposals which have taken place over the past few years since the national force was created in 2013. Other firms were paid for expertise in various personnel and legally complex matters, and QCs, solicitor and advocates all represented the force in court, including cases at the Court of Session.

In all, solicitors received £1,068,320 in that time. The National can reveal that the biggest earners from police work were Clyde & Co (formerly Simpson & Marwick) who were paid £361,801.91 for their involvement in such high-profile cases as former Assistant Chief Constable John Mauger’s failed action for judicial review of a decision by then Chief Constable Sir Stephen House – Maria Maguire QC acted for the force in that case.

While that firm was still Simpson & Marwick prior to its merger with Clyde & Co, they earned £284,914.15, giving total earnings since January 2014, of £646,716.06.

Other big-earning firms were Morton Fraser (£278,069.60) and Ledingham Chalmers (£103,906.08). By contrast, Renfrewshire law firm McCusker, McElroy and Gallanagh were paid just £30.

The total sum paid to advocates and QCs was £152,814 – in its response to the FoI request, Police Scotland explained: “These figures relates to instances where advocates have been instructed directly by Legal Services.”

The force’s response added: “I regret to inform you that I am unable to provide you with the figure in respect of fees charged on occasions where Counsel and/or Senior Counsel have been instructed by external solicitors acting for the Chief Constable as it would prove too costly to do so within the context of the fee regulations.”

The response did state, “951 fee notes have been rendered by external solicitors since January 2014”.

The National asked the Scottish Police Authority (SPA) which is supposed to superintend the national force if it was aware of the extent of usage of lawyers outside the legal services section of Police Scotland. We also asked if Police Scotland had to pay the legal costs of anybody taking out a court action against the force, and why do many solicitors firms were used?

We also asked what is the annual budget for the legal services section and asked both Police Scotland and the SPA to say if any of the costs were for defending Police Scotland personnel accused of crimes, or if any external cost was incurred in defending Police Scotland personnel in civil cases. The reply we received was “you would have to submit an FOI request in relation to these questions”.

Peter Cherbi commented: “While chief constables and senior officers have been talking up their lack of resources and funding in public, Police Scotland have been keeping law firms afloat with huge public spends of funds better spent on front line policing.

“The force’s overuse of law firms for legal action and other legal services must be opened for public inspection on a case-by-case basis. What are Police Scotland spending all this money on lawyers, and why? What are the processes employed by Police Scotland for using legal services? A key question given they have their own in-house lawyers.

“The public have a right to know and the Scottish Parliament should be looking to raise questions on this issue, which would make for some interesting exchanges before the Scottish Parliament’s Justice sub committee on Policing.

“This addiction to lawyers and exorbitant legal fees by Police Scotland and other public bodies must be brought to a halt as the operational budgets for policing and any public service are not meant to act as unaccountable public subsidies for the legal profession.”

Previous articles on the Scottish Police Authority can be found here: Scottish Police Authority – Poor governance, private meetings & lack of accountability at Police regulator

 

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IT’S GOOD TO GO: Justice Secretary dodges call to fire Chair of discredited Scottish Police Authority – as cross party MSPs say Andrew Flanagan’s position is untenable, and crisis will impact on diversity, recruitment & transparency at public bodies

SPA Chair still in post as Justice Secretary delays action ‘to consider reports’. SCOTLAND’S Justice Secretary has ducked out of taking immediate action on tackling the leadership & governance crisis at the Scottish Police Authority (SPA) – despite calls from across the political spectrum to act on restoring faith at the discredited regulator of Police Scotland.

During ‘Topical Questions’ at the Scottish Parliament on Tuesday of this week, where MSPs from all parties called for a resolution to the crisis at the Police Regulator, and Andrew Flanagan’s refusal to step aside, Justice Secretary Michael Matheson said he was “conscious of the issues” and promised to consider the reports sent to him by the committees.

In Holyrood’s main chamber on Tuesday, Mary Fee MSP (Scottish Labour) told Michael Matheson that Andrew Flanagan had “lost the confidence of MSPs from all parties, including back benchers from the governing party.

“It is clear that his position is untenable. It seems that Mr Flanagan and the Justice Secretary are the last two people to see that.”

She called for a “drastic overhaul of how the SPA is run”.

Shying away from immediate action on the crisis at the Scottish Police Authority, Matheson replied: “I am sure that the member will recognise that it is important that ministers give thorough consideration to these issues in coming to a determination,”

The Justice Secretary added: “On the wider issue of the governance and structure of the SPA, there is no doubt that there are aspects of the way in which the SPA has operated over the past few years that have not worked as well as they should have and that there are areas in which I believe further improvements could be made.

“I have been clear about the need for the SPA to operate in an open and transparent manner as it undertakes its processes and considers matters, and I have repeatedly made that clear.”

LibDem MSP Liam McArthur argued that the SPA would “be inhibited in moving forward as long as he remains the chair”.

The Greens’ John Finnie suggested Flanagan’s managerial style, and the way in which he reportedly treated Ali, a woman of Bengali and Irish descent, would dissuade women and ethnic minority people to join public boards.

The Justice Committee expressed “very serious concerns about the standards of governance” at the body and said it “does not have confidence that the current chair is the best person to lead the board”.

Full report & video coverage of questions to Justice Secretary Michael Matheson at the Scottish Parliament:

Questions to Justice Secretary Michael Matheson on Scottish Police Authority & Andrew Flanagan 30 May 2017

Topical Question Time: Scottish Police Authority (Meetings)

1. Mary Fee (West Scotland) (Lab): To ask the Scottish Government when the Cabinet Secretary for Justice last met the Scottish Police Authority and what issues were discussed. (S5T-00571)

The Cabinet Secretary for Justice (Michael Matheson): I have regular meetings with the chair of the Scottish Police Authority and meet the board approximately once a year. We discuss a range of key strategic issues in policing.

Mary Fee: As the cabinet secretary is aware, last week, the Justice Sub-Committee on Policing published its report on the governance of the SPA. That report says: “the Sub-Committee does not have confidence that the current chair is the best person to lead the Board.”

That follows similar concerns from the Public Audit and Post-legislative Scrutiny Committee.

We know that, under the current leadership of Andrew Flanagan, public meetings were held in private and critical letters were hidden from board members, and we have heard about the disgraceful ousting of now former board member, Moi Ali.

Andrew Flanagan was appointed chair of the SPA to improve openness and accountability. He has failed. Does the cabinet secretary agree with me, with the Justice Sub-committee on Policing and with his own back benchers that Mr Flanagan’s position is untenable and that he should go?

Michael Matheson: I am conscious of the issues that have been raised by the Justice Sub-Committee on Policing, which provided us with a copy of its report last Thursday. As I am sure that the member will recognise, we will give careful consideration to that report and its findings, along with the issues that have been highlighted by the Public Audit and Post-legislative Scrutiny Committee and the evidence that that committee and the member’s sub-committee received. Once we have considered all those issues, we will be in a position to state clearly the Government’s response and our decision on the position of the chair of the SPA.

I am sure that the member will recognise that it is important that the ministers and Government consider these issues carefully. I can give the member an absolute assurance that we will consider the findings in the Justice Sub-Committee on Policing’s report as we arrive at the Scottish Government’s position on this matter.

Mary Fee: Andrew Flanagan has lost the confidence of MSPs from all parties, including back benchers from the governing party. It is clear that his position is untenable. It seems that Mr Flanagan and the justice secretary are the last two people to see that. We need a drastic overhaul of how the SPA is run, and that must start at the very top of the SPA board. We need leadership from the SPA, but we do not have that at the moment.

If Andrew Flanagan is not going to do the right thing and resign, we need leadership from the Scottish Government. The Scottish Government approved Andrew Flanagan’s appointment as chair. If the cabinet secretary will not withdraw that now, I simply ask what it will take for the Government to take action.

Michael Matheson: I have given the member an assurance that we will consider the findings of her sub-committee’s report. Once we have had the opportunity to consider them in detail, as well as the issues that have been raised by the Public Audit and Post-legislative Scrutiny Committee, we will be able to respond to these matters. I am sure that the member will recognise that it is important that ministers give thorough consideration to these issues in coming to a determination.

On the wider issue of the SPA’s structure, and the way in which the SPA operates, the member will be aware that I have asked Her Majesty’s inspectorate of constabulary for Scotland to bring forward the governance aspect of its statutory inspection that was due to take place this year. HMICS has agreed to do that and intends to publish a report by 22 June on those issues. In its letter to me, the Public Audit and Post-legislative Scrutiny Committee welcomed my decision to ask for that work to be undertaken.

It is important that we consider these issues, and I assure the member that we are considering them carefully, and we want to ensure that they are appropriately addressed.

On the wider issue of the governance and structure of the SPA, there is no doubt that there are aspects of the way in which the SPA has operated over the past few years that have not worked as well as they should have and that there are areas in which I believe further improvements could be made.

I have been clear about the need for the SPA to operate in an open and transparent manner as it undertakes its processes and considers matters, and I have repeatedly made that clear. However, there is no doubt that there have been improvements in the way in which the SPA has been operating. For example, as was set out in evidence that was given to the Public Audit and Post-legislative Scrutiny Committee, there have been improvements in the way in which the SPA has considered issues such as the contact, command and control division; improvements in the relationship between the SPA and the executive team in Police Scotland; and improvements in the way in which it has taken forward work on the development of the 2026 strategy.

Irrespective of that, I recognise the concerns that have been expressed by the Justice Sub-Committee on Policing and members of the Public Audit and Post-legislative Scrutiny Committee. I give the member an assurance that they will be considered carefully, and that the Government will come to a decision once it has considered all these matters.

Douglas Ross (Highlands and Islands) (Con): The evidence from the Justice Sub-Committee on Policing, the Public Audit and Post-legislative Scrutiny Committee, MSPs of all parties and, indeed, former board members is clear: Andrew Flanagan’s time as chair of the Scottish Police Authority should be over, and his continuation in that post is untenable. Does the Scottish Government continue to have full faith in Andrew Flanagan as chair of the Scottish Police Authority—yes or no?

Michael Matheson: As I have just said to Mary Fee, we will consider the findings of both committees’ work in this area and we will then come to a decision on this issue.

I am surprised that a member who is, apparently, his party’s spokesman on justice would not want to ensure that we go through due process in considering these issues. It is important that Government ministers give careful consideration to these issues when coming to a decision, and that is exactly what we will do. Once we have completed that process, we will set out our decision on this matter.

John Finnie (Highlands and Islands) (Green): It is my personal view that Mr Flanagan’s position is untenable and that he must go. The cabinet secretary will agree that we must have vibrant and diverse public boards. In his response to both committee reports, will he consider the impact that Mr Flanagan’s conduct has had on the likelihood of our being able to recruit women and ethnic minority people to these boards?

Michael Matheson: The member raises an important issue. This Government is clear about the need to have greater diversity on our public bodies. I recently made some further appointments to the SPA, and I have written to the chair of the SPA board in recent weeks, highlighting the need to have greater diversity on the board, as that is extremely important. It is also extremely important that, when ministers consider such issues, we follow due process in considering any concerns that are raised with us in order that we do not dissuade people from thinking about applying for appointments to public boards.

I assure the member that it is clear to me that we must do everything possible to increase diversity not just within the membership of the SPA board but on any boards within the justice setting and that the boards should take proactive measures to assist in achieving that. For example, it is not necessary to have direct appointments if there is no space for them, as members can be seconded to support the work of public bodies in order to encourage greater diversity and give those people experience of the work that the board undertakes with a view to their applying for a place on the board at some point in the future.

The Government is clear about the need for greater diversity in the scrutiny of legislation, and I am clear that we need greater diversity on all boards in the justice sector. Our recent track record on appointments to justice boards demonstrates that we are making significant progress by increasing the number of women members, in particular, and I am determined that we will continue to drive that forward.

Liam McArthur (Orkney Islands) (LD): The cabinet secretary will have heard Andrew Flanagan’s statement at the Justice Sub-Committee on Policing last week. There is no doubting that he was extremely contrite and offered an apology. However, a number of members made the point that the position that he holds has been undermined and that the SPA will be inhibited in moving forward as long as he remains the chair.

Given that, at the most recent SPA board meeting, which was held last week, concerns were again raised by board members about the publication of papers in advance of the meeting, does the cabinet secretary not believe that the culture shift that we all want to see in the SPA will be impossible until there is a change at the top?

Michael Matheson: The member will be aware that the SPA board decided, at its meeting 25 May, to return to the presumption that its committee meetings would take place in public and that all papers would be published in advance. I have been very clear with the SPA about the need to ensure that it is open and transparent in conducting its business.

The member will recognise that, as has been highlighted, there is a need for private space in some of the SPA board’s work, given the sensitive and confidential nature of some of the information that it is provided with. That is particularly the case when the information relates to operational matters for Police Scotland. A safe space needs to be provided for discussions and for the sharing of that information to take place.

Notwithstanding that, my view is that the presumption that committee and board meetings will take place in public is the right approach. That is why I have asked HMICS to bring forward the early part of its statutory inspection, which was due to take place in the autumn of this year, and to look specifically at the issue of governance within the SPA. That work has already been started and HMICS will report by 22 June. I have no doubt that the report will support us in looking at what further measures the SPA needs to put in place.

I recognise the need for the SPA to operate openly and transparently, and I have been clear with it, over an extended period, that the processes and mechanisms that it has in place must be able to deliver that openness and transparency effectively.

Jackie Baillie (Dumbarton) (Lab): We know that the chair of the Scottish Police Authority did not tell his board about a letter from Derek Penman that advised of the forthcoming inspection. Now, we understand that, on a previous occasion, Mr Flanagan did not share an advice note on forensic services with the board. Does the cabinet secretary believe that that is a further example of a lack of transparency? Does the chair of any public body who behaves in that way meet the Scottish Government’s own guidance for those who serve on public boards?

Michael Matheson: Jackie Baillie will be aware that Andrew Flanagan has accepted that he should have passed that note on to the other members of his board and that he made an unacceptable error. We need to ensure that chairs of any public bodies pass on relevant information to other members of the board to allow them to come to an informed position on matters when they are being discussed. The chair has also accepted that the advice note should have been passed on to board members. Again, we will consider that in looking at the matter as a whole.

I assure members that the Government will come to a position on the matter, but it is appropriate that we consider all the facts and information that have been provided. In part, that is for the reason that was highlighted by John Finnie, which is that we want to attract individuals to stand for and work on our public bodies. We need to ensure that ministers and the Government go through a due process in considering these matters and coming to a decision. My concern is that a failure to do that would dissuade people from taking up public appointments, and we want to avoid that. That is why we will consider these matters very carefully and in a detailed way, and we will then come to a decision.

CHAIR MUST GO – Crisis continues at Scottish Police Authority as Justice Secretary dodges duty:

Justice Secretary Michael Matheson’s refusal to sack Flanagan as the crisis in governance and leadership at the Police Watchdog continues to grow – comes after a string of stinging criticisms and revelations over poor governance at the Scottish Police Authority, and accusations the SPA was being run as a secret society.

Legal observers who have been following developments speculate more action, and a decision may have been taken much earlier on the status of the current SPA Chief and board, had now former Justice Secretary Kenny MacAskill held the justice brief.

Holyrood’s Justice Sub-Committee on policing said they had “no confidence” in Flanagan’s leadership, and criticised his decision to hold meetings in private and for his treatment of Moi Ali, a board member who spoke out against the move.

They were the second Scottish Parliament committee to express concerns about the SPA’s governance.

Members of the Public Audit and Post-legislative Scrutiny (PAPLS) Committee have also criticised Andrew Flanagan for his treatment of board member Moi Ali, who was forced to resign from the Police Watchdog after speaking out over concerns about transparency and the publication of papers for board meetings.

A full report on the PAPLS meeting of 20 April can be found here: POLICING SECRETS: Former Scottish Police Authority board member Moi Ali invited to give evidence at Holyrood, after MSPs accuse SPA bosses of running Police watchdog like Kremlin ‘secret society’

A full report on the second PAPLS hearing of 11 May can be found here: UNFIT AUTHORITY: Chair of Scottish Police Authority “is not fit to continue on any public board” – says former SPA board member in evidence to Holyrood’s Public Audit Committee scrutiny of Police watchdog.

A more detailed report on the 18th May 2017 hearing of the Justice Sub-Committee on Policing can be found here: AUTHORITY LOST: Chair of Scottish Police Authority refuses to resign after facing challenge from Justice Committee MSPs to consider his position on discredited Police watchdog.

A further article on the Justice sub Committee on Policing’s report into the crisis at the Scottish Police Authority can be viewed here: NO CONFIDENCE: Chair of Scottish Police Authority refuses to stand down, as board member criticises Holyrood scrutiny of governance, secrecy culture & lack of accountability at discredited Police watchdog

The report from the Justice Sub-Committee on Policing can be found here:  Justice Sub Committee on Policing Report on Governance of the Scottish Police Authority

According to declarations on the SPA website, Andrew Flanagan also holds positions on the Civil Service Commission, NHS Business Services Authority, London-based NEL Commissioning Support Unit, and the Criminal Injuries Compensation Authority, positions he earns up to £75,000 a year in addition to his £70K salary as SPA Chair.

Flanagan’s decision to remain in office comes after members of Holyrood’s Justice Committee said in a report  they had “serious concerns”in the current SPA Board – which has responsibility for oversight and spending of the £1.1 billion Police Scotland budget.

Responding to the Justice Committee’s criticisms of the SPA and their report SPA Chair Andrew Flanagan refused to stand down.

Mr Flanagan said: “As I have already done with the views of other parliamentarians, I and the SPA Board will consider this report very carefully over the coming days and reflect on its contents.

“As I indicated in my evidence to the Committee, I have publicly acknowledged recent mistakes without caveat or qualification. I also believe that in my time in office I have brought much improvement and clarity to the strategy, governance, sustainability, and relationships within policing.”

“I remain focussed on building a broad consensus around my continuing leadership of the SPA, and my contribution to a stable and collaborative leadership within policing as a whole.”

SPA Chair Andrew Flanagan’s decision to stay in the lead role at the now discredited Scottish Police Authority comes after one of it’s Board members – Graham Houston – launched a blistering attack on open hearings at the Scottish Parliament’s PAPLS Committee’ – after it’s members quizzed the Chair & CEO of the SPA, along with Scottish Government Civil Servants at an earlier meeting of 20 April 2017.

Criticising MSPs scrutiny of the Scottish Police Authority, Board member Graham Houston said: “I also think as an example of good governance I think the treatment of my fellow board members by an audit and scrutiny committee was frankly appalling and I think if that is an example of what is expected of good scrutiny it leaves a lot to be desired. And I suggest that the members of that committee look to themselves about setting an example and also look to the guidance on board about how they conduct themselves in doing that.”

Mr Houston then attacked the media, accusing the press of abusing the ‘openness’ of the SPA and concludes by stating “I think that what will transpire is that probably we are one of the most open public authorities in Scotland.”

Video footage of Graham Houston’s criticisms of MSPs scrutiny of the SPA can be found here: Scottish Police Authority Board Member Graham Houston hits out at PAPLS scrutiny of Police Watchdog.

A glimpse into the world of the Scottish Police Authority’s board meetings features an excerpt from the SPA’s meeting of 15 December 2016, in which Board Member Moi Ali raised serious concerns about recommendations in relation to the publication on the day of board meetings and the holding of committees in private.

More on the discussion around the Governance Framework and input from Moi Ali who raised her concerns at the meeting can be viewed in video footage here: Scottish Police Authority 15 December 2016 meeting Governance framework discussion.

Ms Ali said she understood there were good reasons for those recommendations she had serious concerns about the lack of transparency around the two proposals, and that there were real drawbacks in relation to holding committee meetings in private.

Moi Ali said her concerns were two fold – the perception issue in relation to private meetings where it may be perceived that decisions may be taken behind closed doors, and that defacto decision may well be taken behind closed doors and that the process of decision making will be hidden and there is a danger in due course this will morph into a different kind of body in which effectively real decisions are taken albeit not in name but then come back to the SPA Board for rubber stamping rather than transparent debate.

While Flanagan still clings to power, the Justice Committee expressed “very serious concerns about the standards of governance” at the body and said it “does not have confidence that the current chair is the best person to lead the board”.

Previous articles on the Scottish Police Authority can be found here: Scottish Police Authority – Poor governance, private meetings & lack of accountability at Police regulator

 

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NO CONFIDENCE: Chair of Scottish Police Authority refuses to stand down, as board member criticises Holyrood scrutiny of governance, secrecy culture & lack of accountability at discredited Police watchdog

Chair Andrew Flanagan clings to power at Police regulator. AMID further calls to quit, the Chair of the embattled Scottish Police Authority (SPA) grimly remains in office and at the centre of a crisis which has eroded public confidence in the Police watchdog to the point only a clean sweep of the board may begin to repair significant reputational damage to the regulator of Police Scotland.

Facing further criticism from the Scottish Parliament’s Justice sub-committee on Policing late last week, Andrew Flanagan again refused to stand down from his £70K position as Chair of the SPA.

According to his declarations on the SPA website, Andrew Flanagan also holds positions on the Civil Service Commission, NHS Business Services Authority, London-based NEL Commissioning Support Unit, and the Criminal Injuries Compensation Authority, positions he earns up to £75,000 a year in addition to his £70K salary as SPA Chair.

Flanagan’s decision to remain in office comes after members of Holyrood’s Justice Committee said in a report  they had “serious concerns”in the current SPA Board – which has responsibility for oversight and spending of the £1.1 billion Police Scotland budget.

The Justice Committee expressed “very serious concerns about the standards of governance” at the body and said it “does not have confidence that the current chair is the best person to lead the board”.

The report was issued after the Justice Committee held an evidence session with SPA Chair Andrew Flanagan & CEO John Foley after hearings at the Scottish Parliament’s Public Audit Committee heard details of Andrew Flanagan’s treatment of Moi Ali – a former SPA board member who spoke up over concerns about the lack of transparency & accountability at the Police Watchdog.

At an earlier meeting of the PAPLS Committee Moi Ali accused Flanagan of bullying, which led to Ms Ali’s resignation from the Police regulator after she publicly objected to plans to hold meetings in private and arrangements over the publication of board papers prior to meetings.

During the evidence session at the Justice Committee, SPA Chair Andrew Flanagan told MSPs he had issued a written apology to Ali on Tuesday of that week, however, evidence has since emerged the apology was emailed to Ms Ali  less than two hours before Flanagan was to appear before MSPs to answer concerns about harassment and transparency.

The Justice Committee have not yet commented on whether they plan to quiz Mr Flanagan further on his contradictory claims in relation to his communications with Moi Ali.

While Justice Secretary Michael Matheson has remained conspicuously silent in the crisis at the SPA, Matheson has quietly requested an inspection of transparency and accountability issues at the organisation be brought forward by Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS).

The results are expected in June, however Justice Committee member Mary Fee MSP (Scottish Labour) branded Flanagan’s testimony to the Justice Sub-Committee on Policing “frankly inadequate”, adding: “We do not have confidence in his leadership.”

The report released by the Justice Committee says Flanagan’s repeated use of the phrase “I have to accept” when discussing his treatment of Moi Ali – does not reassure the committee that he has a “real belief and understanding” that the actions he took and “repeatedly defended were wrong”.

Speaking to the BBC, Mary Fee MSP – Convener of the Justice sub-Committee on Policing – said: “Though he was apologetic, we are not confident he accepts he was wrong.

“This issue remains unresolved. We will continue working with the Scottish Police Authority, and other justice stakeholders, until we are confident the governance of the SPA is significantly improved.”

Also speaking to the media, former Police officer & Justice Committee member John Finnie – also the Justice spokesperson for the Greens, said: “Andrew Flanagan said nothing at his most recent appearance in front of the Justice Sub-Committee on Policing which led me to believe that he has learned the important lessons necessary for him to lead the SPA.

“Mr Flanagan’s half-hearted apology, emailing Moi Ali around an hour before his appearance at the sub-committee, epitomises his approach to this whole sorry saga – looking out for his own self-interest rather than that of the Scottish Police Authority.

“In order to effectively chair an important public body it is vital that you hold the confidence of Parliament. It is clear from the views expressed by both the Public Audit Committee and today by the Justice Sub-Committee on Policing that Mr Flanagan lacks that confidence.

“He certainly does not hold my confidence.

“This ongoing situation continues to overshadow the vital work of the SPA and must be resolved sooner rather than later. I would ask Mr Flanagan to seriously reflect on his position.”

Giving evidence to the sub-committee, Flanagan was asked if he accepted there had been “reputational damage to SPA that it may not recover from”.

He replied: “I think we can recover from it, I think there has been some damage there. I think my apology to Moi is a start of that process, it is not the end of the process.

Responding to the Justice Committee’s criticisms of the SPA and their report SPA Chair Andrew Flanagan said: “As I have already done with the views of other parliamentarians, I and the SPA Board will consider this report very carefully over the coming days and reflect on its contents.

“As I indicated in my evidence to the Committee, I have publicly acknowledged recent mistakes without caveat or qualification. I also believe that in my time in office I have brought much improvement and clarity to the strategy, governance, sustainability, and relationships within policing.”

“I remain focussed on building a broad consensus around my continuing leadership of the SPA, and my contribution to a stable and collaborative leadership within policing as a whole.”

“Today, and in recognition of recent areas of contention, the SPA has backed my recommended changes to governance that will increase both the transparency of our meetings and the accessibility of information.”

“This will begin to address the concerns of stakeholders, and the inspection report of HMICS will provide a further opportunity to build on that.”

“I also look forward to further developing and broadening the Board’s approach with the appointment today of Nicola Marchant as the first Deputy Chair.”

It has since been reported in the Herald newspaper SPA Chair Andrew Flanagan did not share a crucial report on forensics with all his board members.

The SPA has control of forensic services – including DNA, drug analysis and scene examination – and Mr Penman sent the chair a “professional advice note” (PAN) on the subject.

The document flagged up possible reforms on a part of the Police service that has had to make efficiency savings.

Speaking to the Herald, a spokesman for HMICS said of the advice note: “HMICS received a letter on 31 October 2016, from the [SPA] Chair acknowledging the final version and confirming that it had been shared with all board members.”

The Herald further reported: “However, asked yesterday to confirm that Mr Flanagan had shared the advice note with all board members, a spokesman for the SPA said:

“The SPA members received briefing from their officers last August in which one of the options set out in respect of forensic services clearly reflected the HMICS advice note. The paper provided to members made clear that background papers available to them included the independent analysis and advice by HMICS in relation to forensic services.”

A senior policing source said it was a “fair assumption” that the advice note was not given to all board members at the time.”

Report from the Justice Sub-Committee on Policing: Justice Sub Committee on Policing Report on Governance of the Scottish Police Authority

1. The Justice Sub-Committee on Policing held an evidence session on the governance of the Scottish Police Authority (SPA) on 18 May 2017.

2. It took evidence from Andrew Flanagan, Chair, and John Foley, Chief Executive of the Scottish Police Authority.

3. This was in response to the letter from the Public Audit and Post-legislative Scrutiny Committee to the Cabinet Secretary for Justice outlining its “very serious concerns about the standards of governance at the SPA”, following its recent evidence sessions^

4. The Cabinet Secretary for Justice has asked Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS) to bring forward aspects of his intended statutory inspection into the state, efficiency and effectiveness of the Scottish Police Authority scheduled for 2017/18. The Cabinet Secretary has asked HMICS focus on transparency and accountability issues.]

5. Accordingly, HMICS is currently undertaking a Thematic Inspection of the Scottish Police Authority – Phase 1 Review of Openness and Transparency and is to report to the Scottish Parliament on 22 June 2017. The terms of reference are as follows:

The overall aim of this review will be to assess the openness and transparency in the way that the Scottish Police Authority conducts its business. It will specifically examine:

(i) the Authority’s decision on holding meetings in private and the publication of meeting papers; and also assess

(ii) the Authority’s compliance with relevant legislation, guidance and standing orders and the awareness and understanding of the Chair, Board members and SPA officers of these.

Introduction

6. This report outlines the views of the Justice Sub-Committee on Policing on the evidence heard at its meetings of 20 April, when representatives of Unison, the Scottish Police Federation and the Association of Scottish Police Superintendents provided evidence, and of 18 May, with the Chair and Chief Executive of the SPA.

Committee consideration

7. The 18 May evidence session focussed on the following decisions:

• to hold committee meetings in private;

• to not circulate to the SPA board members the letter from HMICS raising concerns about holding committee meetings in private; and

• the Chair’s letter to Moi Ali of 19 December, in response to her dissenting to meetings being held in private.

8. The Sub-Committee considered the decisions taken by the Chair and Chief Executive, the actions they took (or did not take) as a result of those decisions, and the impact on the effective governance and reputation of the SPA.

9. The Sub-Committee also considered the impact of the proposed actions to be taken going forward on the SPA’s governance, transparency and reputation.

Conclusions

10. The Sub-Committee shares the very serious concerns about the standards of governance at the SPA raised by the Public Audit and Post-legislative Scrutiny Committee and thanks it for its scrutiny of the governance of the Scottish Police Authority.

11. The Sub-Committee agreed to write to the Cabinet Secretary for Justice, copied to Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS), outlining its views. The letter is attached at Annexe A of this report.

PAPLS Letter from the Cabinet Secretary for Justice to HMICS, 20 April 2017

PAPLS Letter to the Cabinet Secretary for Justice, 12 May 2017

Letter from the Justice Sub Committee on Policing to Justice Secretary Michael Matheson:

Dear Michael: The Justice Sub-Committee on Policing held an evidence session on 18 May 2017 on governance of the Sottish Police Authority. This was to provide an opportunity for the Chair and Chief Executive of the SPA to address serious governance concerns raised by the Public Audit and Post-Legislative Scrutiny Committee in its recent letter to you.

The Sub-Committee also took evidence from Unison, the Scottish Police Federation (SPF) and the Association of Scottish Police Superintendents (ASPS) on 20 April, when SPA governance issues were raised.

The Sub-Committee appreciates that HMICS is currently undertaking an urgent review of the openness and transparency of the SPA and that you are to appraise the performance of the Chair of the SPA. This letter is to inform both.

Openness, transparency and accountability

The Sub-Committee agrees with your assessment that the SPA “needs to ensure that the processes and mechanisms that it has in place are open and transparent’’^”

Many of the issues surrounding the openness, transparency and accountability of the SPA’s governance seem to have been created by the implementation of two of the recommendations in Andrew Flanagan’s Review of Governance, which was published in March 2016. These were that committees should be seen as working groups (recommendation 15) and therefore that their meetings should be held in private (recommendation 16).

In his letter to Andrew Flanagan of 9 December 2016, Derek Penman cautioned that the proposal for committees to meet in private might impact negatively on the openness, transparency and legitimacy of the SPA, as well as public confidence in its governance. Despite this, the decision was made for committees to meet in private.

In a previous evidence session, the Justice Sub-Committee on Policing heard that those representing police staff, officers and superintendents felt that this decision excluded them from participating in the decision-making process.

Craig Suttie of the ASPS told the Sub-Committee that superintendents “had concerns when the governance review came out”, whilst Calum Steele of the SPF said that holding private committee meetings “undermines the SPA’s legitimacy”.

In response to questions on engagement with the unions and staff associations Mr Flanagan acknowledged that he was aware that stakeholders were unhappy, but held the view that the level of engagement was sufficient, saying that “In the committee structure that has been set up, people can come and give evidence … the SPF and other staff associations and unions can come to those meetings”.[4]

The proposal that committees are to meet in public and to publish papers well in advance of meetings is a move in the right direction. This is good practice and it is difficult to comprehend why this approach was not recommended in the governance review.

There is a need for some items to be taken in private, and the Sub-Committee appreciates Mr Flanagan’s assurance that respectful open debate on whether items should be taken in private will be encouraged going forward.

Private committee meetings, issuing papers at the last minute, and reducing input from key stakeholders has damaged the relationship between the SPA and police staff, officers and superintendents. It has also raised questions within the police service and externally about the SPA’s accountability, transparency and legitimacy.

Although there is now a proposal for committees to meet in public, Mr Flanagan suggested that this was due to improvements in the information that is submitted by Police Scotland,rather than being in response to the impact private meetings have had on key relationships and the SPA’s reputation. It is essential to repair both.

As part of his review, HMICS is to “engage directly with the key stakeholders, including police staff associations and members of the media and others who have a specific interest in the policing of Scotland and who may wish access to SPA meetings and papers”.

The Sub-Committee would refer HMICS to its evidence session on 20 April with Unison, the SPF and ASPS and, in light of recent media reports, respectfully request that Mr Penman engage with COSLA during his review of openness and transparency.

Correspondence from HMICS

It is clear that Derek Penman’s letter of 9 December 2016 to the Chair, copied to the Chief Executive, was time critical. In it Mr Penman raises a number of concerns about the Corporate Governance Framework, which was to be agreed at the following week’s SPA board meeting. Whilst Mr Flanagan has now acknowledged that this correspondence should have been circulated as a matter of course, and has committed to doing so in future, the Sub-Committee explored the reasons for the 9 December letter not being circulated.

The Sub-Committee heard that there were practical issues which contributed to Mr Penman’s letter not being circulated immediately. The Chief Executive was out of the country, with the letter apparently not being brought to his attention during or after his leave period. The Chair received the letter “late on Friday” and was not undertaking SPA duties again prior to the board meeting the following week.

However, Mr Flanagan stated that, in his view, there had been no need to circulate Mr Penman’s letter, telling the Sub-Committee that “I felt that his letter captured views that had already been expressed rather than injecting new ones”.

Mr Penman explained to the Public Audit and Post-legislative Scrutiny Committee on 11 May that his letter: “contained a level of detail that I would not have had the opportunity to explain in conversations on the margins with members”

Despite this Mr Foley told the Sub-Committee on 18 May that “It is not the case that his [Derek Penman’s] views were not known”

The letter was discussed at the pre-meeting and was not circulated before, during or at any time after the SPA board meeting. Board members and key stakeholders only saw the content of the letter, or in some cases became aware it, once it appeared in media reports some months later.

At the Sub-Committee meeting of 20 April 2017 Drew Livingstone stated that Unison was particularly concerned about not being made aware of the HMICS letter until recently, saying that: “there has been a reluctance on the part of the organisation to listen to opinions that might come across as being slightly dissenting”

Not circulating the HMICS letter to Board Members, as Her Majesty’s Inspector would have expected, was, in the Sub-Committee’s view, a serious error of judgement.

HMICS has a statutory role to look into the ‘state, effectiveness and efficiency’ of the SPA and it should provide HMICS with “such assistance and co-operation as we may require to enable us to carry out our functions”.

The Sub-Committee asks that you consider whether the Chair demonstrates sufficient understanding of the relationship between the SPA and HMICS and whether, in this instance, the required level of co-operation was provided to HMICS.

The operation of the SPA board

The On Board guidance states that “The Chair has an important role to play in ensuring that all Board members are enabled and encouraged to contribute to Board discussions”. Building and maintaining effective working relationships with SPA board members is an essential role of the Chair.

The Sub-Committee considered whether the Chair’s response to Moi Ali’s dissension at the board meeting in December, his interpretation of the On Board guidance and his communication style, enables and encourages members to contribute fully at SPA board meetings.

Treatment of Moi Ali

The Sub-Committee agrees with Mr Flanagan’s view that the tone, content and timing of his letter to Moi Ali in December was a misjudgement on his part and that the manner in which she raised concerns about transparency and perception at the SPA board meeting in December were consistent with her role as a Board member.

This issue has been on-going for almost 6 months and has been deeply damaging to the reputation of the SPA. It is therefore regrettable that Mr Flanagan did not come to this view initially, or before now, and that he did not seek to resolve this matter in person with Moi Ali before she felt it necessary to resign.

Mr Flanagan wrote to Moi Ali on two separate occasions, almost two months apart, but it seems that he did not find an opportunity to speak directly to Moi Ali to seek to resolve the issue and to repair the relationship.

The Sub-Committee notes that Mr Flanagan wrote a personal letter of apology to Ms Ali but that it was only written two days before the Sub-Committee’s evidence session and emailed on the day of the session.

Dissent

Mr Flanagan told the Sub-Committee that “The fundamental issue at the board meeting was that her [Moi Ali’s] decision to dissent was a surprise to me—that was the main frustration”

It remains Mr Flanagan’s view that he should be made aware before a board meeting if a member is likely to dissent in public, so that he was “prepared for that when the board meeting took place”.

This expectation is out of step with what is required of board members in the On Board guidance. Whilst this approach might be desirable for a Chair it does not enable the SPA board members to form a view at board meetings and could inhibit them from dissenting from a decision if they had not previously informed the Chair that they intended to do so. It has led to criticism that decisions are made before SPA board meetings and then ‘played out’ in public. There is an important distinction between a united board and an effective board. It is not always one and the same.

Relationship with SPA board members

The Sub-Committee heard that other SPA board members had only recently commented on the Chair’s treatment of Moi Ali, describing it to him as “a bit hasty and a bit heavy handed”.

The three SPA board members who gave evidence to the Public Audit and Post­-legislative Scrutiny Committee on 11 May, have only recently committed to asking the Chair why the HMICS letter was not circulated. They confirmed in evidence that they had not done so before now, despite the letter being in the public domain for a number of weeks.

It appears that on both these issues, despite having concerns about the Chair’s actions, significantly, SPA board members were reticent about speaking directly to Mr Flanagan.

Mr Flanagan told the Sub-Committee that the SPA board is to appoint a Deputy Chair. He indicated that one of the advantages of this appointment was that this person could meet with members of the Board who might feel constrained in raising an issue of concern directly with the Chair.

The Sub-Committee would be deeply concerned if Board members felt constrained in speaking to the Chair and, if that were the case, would expect the Chair to rectify that position as a matter of urgency.

Going forward

The Justice Sub-Committee on Policing agrees with the Public Audit and Post-legislative Scrutiny Committee’s assessment that it is essential that the public and stakeholders be reassured that the SPA is performing to an appropriate standard.

Unfortunately Mr Flanagan’s repeated use of the phrase “I have to accept” did not reassure the Sub-Committee that he has a real belief and understanding that the actions that he took in relation to Moi Ali and in not circulating the HMICS letter, and repeatedly defended, were wrong.

There will be many difficult decisions for the SPA board to take going forward. It is essential that as many of these as possible are taken in public and informed by stakeholders. Openness, inclusiveness and transparency will strengthen the decision­ making process and the accountability of the SPA. Given the evidence that it has heard, the Sub-Committee does not have confidence that the current chair is the best person to lead the Board.

HMICS is currently undertaking a review of the openness and transparency of the SPA.

The Sub-Committee asks HMICS to consider the evidence it has taken and the contents of this report as part of that review. Mr Flanagan has committed to write to the Sub­ Committee with a response to HMICS’ review at the earliest opportunity.

TRANSPARENCY FIRST: Former Board member Moi Ali spoke out on transparency concerns at Police Watchdog:

A glimpse into the world of the Scottish Police Authority’s board meetings features an excerpt from the SPA’s meeting of 15 December 2016, in which Board Member Moi Ali raised serious concerns about recommendations in relation to the publication on the day of board meetings and the holding of committees in private.

More on the discussion around the Governance Framework and input from Moi Ali who raised her concerns at the meeting can be viewed here:

Scottish Police Authority 15 December 2016 meeting Governance framework discussion

Ms Ali said she understood there were good reasons for those recommendations she had serious concerns about the lack of transparency around the two proposals, and that there were real drawbacks in relation to holding committee meetings in private.

Moi Ali said her concerns were two fold – the perception issue in relation to private meetings where it may be perceived that decisions may be taken behind closed doors, and that defacto decision may well be taken behind closed doors and that the process of decision making will be hidden and there is a danger in due course this will morph into a different kind of body in which effectively real decisions are taken albeit not in name but then come back to the SPA Board for rubber stamping rather than transparent debate.

UNFIT AUTHORITY: – Crisis continues at Scottish Police Authority after Board members criticise MSPs scrutiny of Cop Quango:

SPA Chair Andrew Flanagan’s decision to stay in the lead role at the now discredited Scottish Police Authority comes after one of it’s Board members – Graham Houston – launched a blistering attack on open hearings at the Scottish Parliament’s PAPLS Committee’ – after it’s members quizzed the Chair & CEO of the SPA, along with Scottish Government Civil Servants at an earlier meeting of 20 April 2017.

Scottish Police Authority Board Member Graham Houston hits out at PAPLS scrutiny of Police Watchdog

Critisising MSPs scrutiny of the Scottish Police Authority, Board member Graham Houston said: “I also think as an example of good governance I think the treatment of my fellow board members by an audit and scrutiny committee was frankly appalling and I think if that is an example of what is expected of good scrutiny it leaves a lot to be desired. And I suggest that the members of that committee look to themselves about setting an example and also look to the guidance on board about how they conduct themselves in doing that.”

Mr Houston then attacked the media, accusing the press of abusing the ‘openness’ of the SPA and concludes by stating “I think that what will transpire is that probably we are one of the most open public authorities in Scotland.”

The SPA’s statement on the outcome of the meeting claimed it had strengthened the transparency and accessibility of its governance arrangements by making a number of revisions to Board and committee meetings and publication of papers.

The changes decided at the meeting, which will come in to effect from 1 June 2017 include:

SPA committee meetings held in public, with items taken in private only when necessary and with a clear articulation of the reason.

The publication of agendas for all public Board and committee meetings will be available on the SPA website 7 days in advance of meetings.

The publication of papers for all public Board and committee meetings will be published on the SPA website (under embargo) 3-working days in advance.

The publication of agendas for closed Board and committee meetings will be published on the SPA website (redacted if necessary) and a summary of the business conducted will be reported to the next public Board meeting.

The public will also have the opportunity to pose questions about policing matters to the SPA Board in advance of meetings.

In addition, the SPA Board has established a new Deputy Chair role. Nicola Marchant has been unanimously appointed to that position with immediate effect.

Full details of the changes and next steps agreed by the Board are outlined in the following paper: http://www.spa.police.uk/assets/126884/400419/governance

Houston’s criticism of the refers to the following hearing, in which evidence revealed to MSPs portrayed the Scottish Police Authority as a haven of secrecy, run in the style of  a “kremlin” operation – according to former Cabinet Secretary & PAPLS member Alex Neil MSP (SNP):

Scottish Police Authority – Public Audit and Post-Legislative Scrutiny Committee – Scottish Parliament: 20th April 2017

A full report on the PAPLS meeting of 20 April can be found here: POLICING SECRETS: Former Scottish Police Authority board member Moi Ali invited to give evidence at Holyrood, after MSPs accuse SPA bosses of running Police watchdog like Kremlin ‘secret society’

A further appearance of current and former board members of the Scottish Police Authority before Holyrood’s PAPLS Committee on the 11th May – established evidence in relation to a sequence of alarming events at the SPA – giving MSPs significant cause for concern of how the SPA Chair was in effect, personally running the Police watchdog as a “secret society”.

Public Audit and Post-Legislative Scrutiny Committee – Scottish Parliament: 11th May 2017

A full report on the PAPLS hearing of 11 May can be found here: UNFIT AUTHORITY: Chair of Scottish Police Authority “is not fit to continue on any public board” – says former SPA board member in evidence to Holyrood’s Public Audit Committee scrutiny of Police watchdog

The hearing also established not one board member of the now discredited Police Watchdog backed former board member Moi Ali – who was forced to resign from the SPA after she bravely raised issues of transparency and accountability during a meeting of the Scottish Police Authority in December 2016.

Then, at a hearing of the Scottish Parliament’s Justice sub-committee on Policing, Andrew Flanagan was asked by MSPs several times to consider his position as SPA Chair – yet Flanagan refused each call to stand down and allow the Scottish Police Authority to move on from the current crisis.

Justice Sub-Committee on Policing – Scottish Parliament: 18th May 2017

A more detailed report on the 18th May 2017 hearing of the Justice Sub-Committee on Policing can be found here: AUTHORITY LOST: Chair of Scottish Police Authority refuses to resign after facing challenge from Justice Committee MSPs to consider his position on discredited Police watchdog

Previous articles on the Scottish Police Authority can be found here: Scottish Police Authority – Poor governance, private meetings & lack of accountability at Police regulator

 

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