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Category Archives: Freedom of Information

COPS & JOBBERS: Scotland’s 1,512 ‘Two Job’ Cops required to declare outside business interests – meanwhile 700+ strong Scots judiciary resist Holyrood probe calling for judges’ register of interests

Cops declare business interests, judges conceal their interests. MORE THAN fifteen hundred officers from Police Scotland – Scotland’s single national Police force – supplement their public salaries with second jobs and business interests ranging from entertainment to finance, legal, property letting and private security related businesses.

Police Officers – who as first responders to issues of public safety concerns and reports of criminal activity – are required to declare their interests to Police Scotland. The information is then kept on a database which can be accessed via Freedom of Information legislation.

However, in comparison – 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).

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.

All police officer 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 circumstances).

The information relating to business interests of Police Officers is recorded on the 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.”

The FOI request published by Police Scotland which also sought details of Police Officers ‘secondary employment’ drew a response stating the Police Service of Scotland Regulations 2013 does not recognise the term ‘secondary employment’.

The published response from Police Scotland goes on to state: “However, Regulation 5 of the aforesaid regulations outlines the provisions concerning any ‘business interest’ of a police officer.”

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.”

The omission of any property values in the data ‘held’ by Police Scotland make it difficult to determine whether individual officers rent out lower or higher value properties, and  establish a value of property portfolios held by serving public officials such as top cops – who’s counterparts higher up the ladder in the criminal justice system and courts are known to own multi million pound property portfolios.

In comparison – while it is generally known there are Police Officers who own more than one property and those who are involved in multiple property lets, there are also members of the judiciary, Crown Office Prosecutors and their families who own much higher value property portfolios – collectively valued in the tens of millions of pounds.

While there is some information now in the public arena in relation to the letting empires of Police Officers and some other public servants, both the judiciary and Prosecutors are currently running scared from declaring their interests and wealth, using their significant power in the justice system to block release of details of their links to business and values of assets.

Neil Richardson, who left Police Scotland after serving as the force’s number two – to previous Chief Constable Stephen House – was blocked from buying the Audi he used at the single force after an intervention by the chief constable. Richarson was informed by the Scottish Police Authority (SPA) that he could not take the car with him into retirement.

Interests and business links of Police Scotland officers who leave the force have come under further scrutiny, where in one recent case the Sunday Herald newspaper reported a former detective who played a key role in the failed £60m Police Scotland computer project now works in IT for the Scottish Government.

Alec Hippman, who was responsible for briefing MSPs about the troubled i6 scheme, landed a role in the Scottish Government in January 2016 after leaving the single force.

And in January 2916, the Sunday Herald newspaper revealed the then Chief Constable of Police Scotland Sir Stephen House set up his own company in the final weeks of his job as Chief Constable.

House formed Sarantium Solutions Ltd in October 2015 when he was heading towards the exit door of the single force.

Police Service of Scotland Regulations 2013 – Business interests:

5.—(1) 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.

(2) If a constable acquires or is likely to acquire a business interest, the constable must forthwith give written notice of that interest to the chief constable or, in the case of a senior officer, the Authority.

(3) If a constable has a business interest and is appointed to the office of chief constable, deputy chief constable or assistant chief constable, the constable must forthwith give written notice of that interest to the Authority unless the constable has previously disclosed that interest to the Authority.

(4) An individual applying for appointment to the Police Service, other than an individual referred to in paragraph (5), must give written notice to the chief constable of any business interest which that individual has or is likely to acquire after appointment.

(5) An individual applying for appointment to the office of chief constable, deputy chief constable or assistant chief constable must give written notice to the Authority of any business interest which that individual has or is likely to acquire after appointment.

(6) An individual or constable is regarded as having a business interest if— (a) that individual or constable carries on any business or holds any office or employment for hire or gain (otherwise than as a constable) in the United Kingdom; (b) that individual or constable resides at any premises where any member of that individual’s or constable’s family keeps a shop or carries on any like business in Scotland; (c) that individual or constable holds, or any member of that individual’s or constable’s family living with that individual or constable holds, any licence, certificate or permit granted in pursuance of the laws relating to liquor licensing or betting and gaming or regulation of places of public entertainment in Scotland or has any pecuniary interest in such licence, certificate or permit; or (d) that individual’s or constable’s spouse (not being separated from that individual or constable), civil partner (not being separated from that individual or constable) or cohabitant (not being separated from that individual or constable) keeps a shop or carries on any like business in Scotland.

(7) For the purposes of this regulation— (a) “member of that individual’s or constable’s family” includes parent, son, daughter, dependant, brother, sister, spouse (not being separated from that individual or constable), civil partner (not being separated from that individual or constable) or cohabitant (not being separated from that individual or constable); and (b) “cohabitant” means a member of a couple consisting of— (i) a man and a woman who are living together as if they were husband and wife; or (ii) two individuals of the same sex who are living together as if they were civil partners.

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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CASH IN THE CROWN: Forget millions on bonuses, mortgages, junkets & dodgy prosecutions – Holyrood Crown Office probe raises concerns, recommends changes for £113m ‘under-resourced’ & untrustworthy Prosecution service

Scots Prosecutors ‘getting by’ on £113m a year. SCOTLAND’S PROSECUTORS are “just about managing” on £113million a year of taxpayers cash – according to a report produced by the Scottish Parliament’s Justice Committee of the ‘Role and Purpose of the Crown Office & Procurator Fiscal Service (COPFS).

During the ‘bombshell’ inquiry into the Crown Office – an organisation once dubbed ‘the most corrupt institution in Scotland’ by a Cabinet minister – the Scottish Parliament’s Justice Committee heard claims COPFS staff suffered from shortage of resources,weak morale – including more than average levels of sick leave, claims of overwork.

MSPs also heard grips from the Lord Advocate – James Wolffe QC and his team over the level of public cash thrown at the infamous Edinburgh based Crown Office which now stands at a whopping £112.5million a year – according to figures in the Scottish Government’s own budget for 2016.

The report – into the ‘crime fighting’ Crown Office – which refused to prosecute the driver of the Glasgow bin lorry which left six people dead and injured 15 others in the centre of Glasgow – concludes: “On the whole, the public should have confidence that it is a rigorous and fair prosecutor. “However, the service remains under considerable pressure. There can be no room for complacency.”

The Committee’s inquiry also identified room for improvement in a number of Crown Office functions, including the support given to victims and witnesses – who are often poorly treated by COPFS staff.

However – during 2014 it was reported a senior manager in the Crown Office was suspended after openly criticising the treatment of crime victims.

John Fox, 47, made postings on an internal staff forum accusing his bosses of putting victims of domestic violence at risk. His criticism emerged days after the Sunday Mail newspaper revealed how victims of crime felt betrayed by Scotland’s justice system and were demanding reforms.

Mr Fox was formerly in charge of the 100-strong Victim Information and Advice Service (VIA), responsible for helping to improve services to crime victims and their families across Scotland. One of their tasks is to inform victims of domestic violence about the release from custody of the person charged with attacking them.

In some cases, victims of crime and witness have since alleged Crown Office employees told outright lies.

And, a recent investigation by the media reported key Crown Office employees hold secret criminal convictions for serious offences. The investigation, assisted by documents obtained by Freedom of Information legislation published here: Prosecutors own crime gang revealed  also found some victims and witnesses to crime had been threatened by Crown Office prosecutors and staff.

In a period of just two years – from November 2013 to November 2015 – the Crown Office admitted it retained records showing 15 cases reported to COPFS containing allegations of criminal offences by COPFS staff. Court proceedings were taken in 11 cases, three cases were disposed of by non-court disposal and no proceedings were taken in one case.

The charges brought against staff include assault and vandalism; road traffic offences; threatening and abusive conduct; breach of the peace; Misuse of drugs and offences against the police; data protection offences and an attempt to pervert the course of justice.

The Holyrood enquiry was apparently not handed any of this information. The inquiry did not take  steps to act upon it and quiz COPFS representatives, despite reports being available in the media  and to the inquiry – for some time.

Much of the inquiry’s focus on staff morale heard claims the Crown Office was underfunded and overworked, however figures revealed in a Freedom of Information request for the immediate three years after the collapse of several high street banks & huge cuts to public services – revealed successive Lord Advocates have spent over £572,307,16 on paying supposedly hard up staff everything from mortgages, relocation, rental costs and even phone bills, council tax and personal legal bills.

During financial year 2008/2009, payments made by COPFS for housing, rent or relocation allowances, or help with mortgages to 32 employees were: £212,500.76.
During financial year 2009/2010, payments made by COPFS for housing, rent or relocation allowances, or help with mortgages to 38  employees were £242,586.59.
During financial year 2010/2011, payments made by COPFS for housing, rent or relocation allowances, or help with mortgages to  26 employees were £117,220.14.

The cash expenses & junkets claims from COPFS staff continue, with figures released in another Freedom of Information request revealing a whopping £137,744.43 spent on further staff perks and junkets in 2014-2016. The FOI revealed:

During financial year 2011/2012, payments made by COPFS for housing, rent or relocation allowances, or help with mortgages to 16 employees were £85,513.21.
During financial year 2012/2013,payments made by COPFS for housing, rent or relocation allowances, or help with mortgages to   8 employees were £38,711.35.
During financial year 2013/2014, payments made by COPFS for housing, rent or relocation allowances, or help with mortgages to  5 employees were £13,519.87.

The cash expenses & junkets claims from COPFS staff continue, with figures released in another Freedom of Information request revealing a further £28,090 spent on further staff mortgages, rent , phone bills, legal bills and other perks and junkets in 2014-2016. However, these figures are now thought to be in dispute – and of a much higher sum than was originally quoted by the Crown Office. Nevertheless the FOI revealed:

Payments made by COPFS for housing, rent or relocation allowances, or help with mortgages, for COPFS staff including Procurators Fiscal from 1 April 2014 to 31 March 2016, were made by 33  COPFS employees, totalling an extra £28,090.

A separate Freedom of Information request revealed the hard-up Crown Office media unit spent over £376,168.06 in one year alone on media relations – this despite the Lord Advocate’s staff of 6 full time media staff and one part time employee – operating a policy of “no comment” to journalists – who are in increasing numbers of cases told to put their request for comment in a Freedom of Information request.

And, an investigation by the Sunday Mail newspaper in 2011 established the Lord Advocate had authorised massive bonuses for Crown Office staff who pocketed bonus payments of more than £580,000 in just two years.

Figures released via Freedom of Information requests revealed 419 COPFS employees shared payouts totalling £326,844 in 2009-2010, while 518 COPFS staff were handed £253,330 for 2010-11.

In 2009-2010, eight employees of the Crown Office received Bonuses of up to £20,000 while a further 15 COPFS employees received bonuses of up to £8,000.

In the same year up to 200 members of staff received bonus pay-outs of up to £500 while a further 200 COPFS employees were paid bonuses of up to £1000 each.

And, an investigation by the Scottish Sun newspaper revealed supposedly hard up Crown Office staff were travelling to international destinations all bankrolled by taxpayers cash.

The allegedly hard up Crown Office spent more than £57,000 of taxpayers’ cash last year alone flying staff across the globe. Hong Kong, Mauritius, Taiwan and New York were among 15 exotic destinations visited by Crown Office employees. And since 2012, they have taken off on a total of 109 international flights to places like South Africa, Australia and Malta.

The Crown, led by Lord Advocate Frank Mulholland, racked up £29,504 on 39 international flights to meetings and conferences last year and £27,603 on 143 domestic trips.The number of overseas flights has remained fairly steady over three years at 36, 34 then 39. But domestic flights have increased sharply from 97 to 131, then 143 last year.

Amsterdam was the most common destination, with 30 trips since 2012. The Dutch city is a major travel hub and close to the International Criminal Court in The Hague. Flights to Washington DC and Malta were in connection with the ongoing probe into the 1988 Lockerbie bombing.

While the information has been available in the public arena for some time, COPFS representatives appearing in front of the Justice Committee did not face any lines of questioning of the massive cash spends on personal junkets, mortgages, rent and other bills accumulated by staff who managed to have them all paid off by taxpayers.

The Justice Committee also had to make do without attendance of Scotland’s top judge and other members of the judiciary after Lord Carloway issued a letter to all branches level of the judiciary informing them of his decision to refuse to give evidence to the Justice Committee’s probe into the Crown Office.

Lord Carloway  – who earns £222,862 a year for his role as Lord President & Lord Justice General – said the Scottish Courts & Tribunals Service (SCTS) should give evidence to the Justice Committee, rather than individual members of the judiciary – even retired ones

Carloway’s letter went out to every high court judge, the Sheriffs’ Association and the Scottish Justices Association (SJA) – which represents Justices of the Peace.

After Lord Carloway’s decision to refuse to attend the Justice Committee was made known – the SJA pulled out of its scheduled appearance in front of MSPs.

The report found that Scotland’s public prosecutor is coping in its core role of steering trials through the courts to an appropriate outcome, but the level of adjournments and postponements is unacceptably high and inadequate communication is a key problem.

It recommends that the COPFS develop more efficient and effective ways to update people whose attendance is no longer required at a trial.

It also says the COPFS should consider concerns raised about the erosion of prosecutors’ autonomy and discretion, the lack of preparation time and the consequences for morale.

Justice Committee convener Margaret Mitchell said: “An effective Crown Office is fundamental to an effective criminal justice system in Scotland.”

Ms Mitchell continued: “The committee heard many concerns during our inquiry. Across the board, witnesses identified possible improvements which could be made to how COPFS works – and better serve justice and the public. This report, its findings on the service’s strengths and weaknesses, and its recommendations are a considered, cross-party view following six months of work. These findings must be taken into account by COPFS management and the Scottish Government. There is no room for complacency, and the committee will be keeping close watch on developments.”

Justice Committee report – Role and Purpose of the Crown Office and Procurator Fiscal Service

Focussing on areas of Crown Office operation, the following excerpts are reproduced from the Committee’s final report:

Digital strategy

110. The “vision” of the Digital Strategy, published in 2014, is “to have modern, user-focused justice systems which use digital justice technology to deliver simple, fast and effective justice at best cost”. It is estimated by the Scottish Government that full implementation of the strategy across the entire justice sector (including the administrative and civil spheres) could save some £20-25 million per annum. The strategy sets out three objectives—

allow people and businesses to access the right information at the right time, principally by expanding online the amount of available information about the justice system. This objective also includes a commitment, by the end of 2017, to enable victims of crime to track their case online;

fully digitised justice systems;

make data work for us, ie collect and use data including stakeholder feedback to develop a more efficient and responsive justice system.

111. It is the second of these objectives that appears to have most potential to unlock efficiencies in the prosecution system, particularly in tandem with complementary reforms envisaged under the Evidence and Procedure Review. It includes plans for—

a “digital evidence vault” enabling the secure storage of all digital evidence in civil and criminal cases;

greatly increased use of live video links to reduce the need for accused, victims and witnesses to have to come to court in all instances;

the serving of more court documentation (eg arrest warrants) digitally; and

disclosure by the COPFS of all evidence to defence agents electronically.

112. The strategy also envisages the police being equipped with body-worn cameras and the integration of all legacy force ICT services within Police Scotland. The Committee notes the potential impact of these objectives on the prosecution of crimes, although they are not within the direct remit of this inquiry. Scrutiny of these issues is within the current work programme of the Justice Sub-Committee on Policing

and on

Evidence and Procedure Review

113. Lord Carloway’s March 2015 Evidence and Procedure Review concluded that the conduct of criminal trials needs to change because the process had not kept pace with entry into a digital age. The main recommendations related to—

child and vulnerable witnesses: as much as possible, taking evidence from them should be removed from the courtroom setting;

digital evidence: audio and video witness statements should ordinarily be admissible. This was seen as paving the way for the elimination of written witness statements, in most cases, in the future;

modernising criminal trial procedures: in essence, shifting the weight of trial preparation to earlier in the process, in part through greater judicial case management. Trial dates should only be fixed when it is clear that the case will be ready to run on the relevant date.

114. This was followed by a February 2016 “next steps” paper, setting out proposals on which the SCTS is currently working.158 These are intended to build on Lord Carloway’s three main recommendations and to align with relevant objectives in the digital strategy. The overall vision is of a more streamlined criminal justice system, with far less evidence having to be led in the courtroom.

115. As set out in the preceding section, the Lord Advocate and Crown Agent both indicated the COPFS’s readiness for reform, and said they saw real opportunities for progress, particularly in relation to the work of the Evidence and Procedure Review.The Crown Agent said the goal was to crystallise as much evidence as possible in advance of the actual trial.160 Amongst other things, this would greatly reduce the need for witnesses to attend trials – and the non-attendance of witnesses is one of the main causes of churn.

116. The Cabinet Secretary also set out his strong support for the Review. However, he referred in addition to a need for a “cultural change” on the part of all stakeholders if the full benefits of the Review were to be realised. He indicated that legislation would be required at some point to implement elements of the Review.

and on ‘Specialist Prosecutions’ MSPs heard evidence from a former COPFS Prosecutor linked to events in the David Goodwillie rape case – where the victim was forced to sue her assailant through the civil courts after the Lord Advocate refused to prosecute the footballer.

Specialist prosecutions

167. The Committee sought views on whether the COPFS had the appropriate skillsets it needed to carry out its prosecutorial role. This includes prosecuting the wide range of different crimes that the COPFS may encounter, ranging from historic child sexual abuse to corporate accounting fraud. As noted elsewhere in the report, the COPFS has moved towards greater specialisation in recent years, setting up offices dealing with sexual offences, serious and organised crime, and international cooperation, amongst others. The Committee notes that, in a relatively small jurisdiction such as Scotland, there are limits to this approach. There may be some types of case that only come before the criminal courts a handful of times in a few years, but which are of a particular complexity. It is hard to build up specialist expertise in such cases. Derek Ogg QC, a former head of the COPFS sexual offences unit told the Committee that, if there is considered to be a lack of in-house specialism to prosecute particularly complex crimes coming before the High Court, this could be addressed by borrowing that expertise; recruiting “locum” advocates depute with experience in that field for the duration of the case.

168. Some submissions expressed the view that the COPFS did not always have the specialist skillsets needed to prosecute certain types of crime as effectively as it should, for instance corporate or regulatory offences.HM Revenue and Customs gave positive evidence about its working relationship with the COPFS in the prosecution of crimes in which it was involved, although it indicated that the COPFS’s relative under-resourcing in some areas, for instance technology, sometimes put it under strain.

Centralised policy-making and local autonomy

184. The COPFS is a national service aspiring to achieve consistently high standards across Scotland. It is in the public interest that both accused and victims should expect the same professional standard of prosecution wherever their case calls. There was a consensus in evidence that the COPFS has become a more centralised organisation in recent years. Some evidence broadly welcomed this, but the Committee also heard views that this process had gone too far; to the point where it was impacting negatively on the COPFS’s effectiveness as a public prosecutor. Whether the COPFS was striking the right balance between pursuing centrally driven policies and letting local prosecutors take their own decisions emerged as one of the key themes of the inquiry.

Specialisation and central case-marking

185. A closely related issue is that of specialisation. In effect, specialisation is a form of centralisation, as it means that a small group of specialist prosecutors will tend to determine national approach to prosecuting particular crimes wherever they occur.

186. Specialisation has included the setting up a case-marking unit around 15 years ago. Local fiscals no longer mark cases at the initial stage of the prosecution. Instead, there are two centres – at Paisley and Stirling – where practically all cases are now marked. As the Committee understands it, the case marking process may involve not only a determination as to whether or not a case should be prosecuted, but further instructions on how to handle the case, for instance whether to accept plea bargains and, if so, on what basis.

Other types of specialisation

187. The setting up of a national sexual crimes unit at the COPFS in 2009 was welcomed by many stakeholders. They thought it had led to such cases (which now constitute around 70% of all High Court cases) being better handled at least at a strategic and policy level, with the views and interests of victims and their advocates better taken account of. This was the view of organisations including Scottish Women’s Aid and Rape Crisis. Susan Gallagher of Victim Support Scotland told the Committee that her organisation’s experience of centralisation – or specialisation – as it applied to victims was largely positive; it was when the Victim Information and Advice service had become more decentralised that inconsistency had crept back in.As noted above, the setting up of a specialist wildlife crime unit was also welcomed by stakeholders as having helped professionalise the COPFS’s approach to these offences.

Views from COPFS representatives

199. The FDA, representing fiscals, took a balanced view of the move towards a more centralised and more specialist service in recent year, recognising that it had its advantages and disadvantages. However, it was overall considered to have been positive. In relation to case-marking, the union’s Rachael Weir told the Committee that she considered it had been beneficial because it had led to greater specialist expertise in case marking being built up.

200. As noted elsewhere in the report, the Lord Advocate publicly affirmed his confidence in COPFS staff as the organisation’s “greatest asset” and expressed his “absolute trust and confidence in the judgment of those who prosecute on my behalf up and down the country”. However, the COPFS also made clear in its evidence to the Committee that one of the drivers of the move towards centralisation had been a desire to achieve greater consistency, and a higher quality public service overall.Overall, nothing in the COPFS’s evidence indicated to the Committee that the COPFS was minded to fundamentally reconsider its approach, in the light of views that had been expressed. The Lord Advocate cited learned authority from the 19th century that it was his role to ensure “the due and equal distribution of criminal justice”, so that all may have equal protection under the law, in order to underline that the concept of achieving consistency in prosecution policy was not a new one. It was his view that the current system did allow for some flexibility—

The system can accommodate matters that are of concern in local areas. Indeed, in their reports, the police might identify a particular issue as being a matter of concern. I can put it in this way: through having a national approach, we can ensure that, where there is justification for a variation from the norm to be applied in a particular locality, that is done consistently and does not depend on the views of a particular individual in a particular local area.

201. The Crown Agent said that previous less centralised models had run into problems of their own, such as some courts sitting until late evening. He said that the current system had brought greater professionalism and consistency. Inasmuch as it had probably brought down the number of court sittings, it may have reduced overall costs, although that was not, he stressed, the main reason behind the policy.In relation to the comments of the GBA and others that the current decision-making approach to individual cases can appear opaque and unnecessarily hierarchical, the Crown Agent acknowledged that there was, or had been an issue, explaining that recent internal reforms had led to the number of “approval levels” for ongoing cases being rationalised, with the grade for approval reduced to a local level.

Diversions and local knowledge

202. The Lord Advocate explained to the Committee that teams at the two central case-marking centres are organised by reference to Scotland’s six sheriffdoms. He argued this helped enable case-markers to develop local knowledge of particular areas. In relation to diversions from prosecution, the Lord Advocate said he had reflected on the evidence and posed an open question as to whether it indicated a lack of consistency across the country on the availability of diversion schemes as much as any perceived lack of local knowledge on the part of case markers.

203. Supplementary written evidence from the Crown Agent queried SACRO’s evidence that there had been a trend away from referrals to restorative justice schemes, arguing that it was not strongly supported in the follow-up information SACRO had itself provided to the Committee. The COPFS’s own statistics had indicated a gradual rise in the number of diversions from prosecution over the course of the current decade.The Committee notes that it would require further analysis to determine the extent to which diversions by case markers appear to have had outcomes that could be described as successful.

204. The Crown Agent’s written evidence also queried the JPs’ evidence to the Committee, which he interpreted as being to the effect that—

…prosecutors issue direct measures to avoid the expense of prosecuting cases in court. This is inaccurate and contrary to the Lord Advocate’s policies on decision making. The Scottish Parliament has given prosecutors a range of powers to take action against offenders and we seek to make effective use of all these powers.

205. Both the COPFS and the SCTS referred to statistics indicating that around 80% of direct measures consisting of fines or fixed penalties end up being paid.

206. The Committee notes the COPFS’s view that a drive towards increased centralisation and specialisation is likely to have helped it become a more efficient and professional organisation. The setting up of specialist prosecution units (for instance in relation to sexual offences) has been broadly welcomed. However, evidence has made clear that some trade-offs have been involved. It has been concerning to note evidence that local fiscals may sometimes find themselves running cases against their own professional judgment. The Committee also notes views that increased centralisation may have had an effect on morale and job satisfaction in local offices.

207. The Committee seeks clarification from the COPFS that consideration of the autonomy and decision-making capacity of local fiscals is being taken forward in its current “Fair Futures” programme being developed in consultation with its staff.

208. The Committee notes views that the centralisation of case marking has led to an erosion of knowledge as to the availability of local schemes and programmes where case markers are considering alternatives to prosecution. The Committee asks the Scottish Government to consider whether, if these perceptions are valid, Community Justice Scotland could be invited to address them in its ongoing work to develop a new model for community justice delivery.

209. More generally, the Committee asks the COPFS and Scottish Government as to what monitoring there is of the effectiveness of diversion from prosecution and whether and how the results of that monitoring are fed back to the COPFS for continuous improvement purposes.

Now, turning to the recommendations of the Scottish Parliament’s Justice Committee – funding of the Crown Office comes into sharp focus, despite evidence of massive waste of millions of pounds of taxpayers cash on Crown Office staff:

Recommendations: Resources and funding of the COPFS

The COPFS, in common with agencies across the public sector, has faced significant challenges as a result of a prolonged period of flat-lining budgets. This looks set to continue into 2017-18. The Committee notes the Lord Advocate’s remarks that he considered his 2017-18 budget to be a “sound settlement” that will enable him to continue to provide a fundamentally effective prosecution service.

For the most part, the COPFS has coped in this tougher financial environment as well as can be expected, and its frontline staff deserve credit and recognition for their resilience under sometimes difficult circumstances. It would be unreasonable for the COPFS to continue to rely on the resilience of its staff indefinitely. The Committee considers that change is necessary before the risks that are undoubtedly embedded in the prosecution system, as presently constituted, begin to crystallise.

The Committee agrees with evidence from the COPFS and the Cabinet Secretary for Justice that more efficient ways need to be found to manage the whole prosecution process. Whilst the COPFS is the single most important organisation involved in managing the prosecution process, it cannot achieve this reform on its own. The Committee notes that it is expected that change will be primarily driven by the cross-agency Justice Board, on which the COPFS is represented, and expects the Lord Advocate and Cabinet Secretary to provide the necessary backing for the Board as it proceeds in implementing key elements of the Justice Strategy

The Lord Advocate and Crown Agent have acknowledged in evidence that there is a need to address staffing concerns dating back several years. Above average numbers of staff on short-term contracts, on sick leave, or in long-term temporary promotions are danger signs. The Committee is pleased the current leadership appears to recognise this, to be listening to staff, and to be looking for ways to deal with these issues. The Committee will continue to maintain a watching brief on this issue and requests an update on staffing matters from the COPFS when it responds to this report.

In relations to matters such as job satisfaction and work-life balance, returns from staff surveys in recent years have been concerning. The Committee notes some evidence that, in these areas, the organisation might now be making progress. The Committee also notes evidence and public statements from the Lord Advocate that he has confidence in the judgment of his prosecutors and trusts them to take decisions in his name. However, it is still very early days and, in this context, indications that the COPFS may have to shed around 30 staff in 2017-18 to deal with real-terms budget cuts are worrying. It is difficult to see, given the current pressures staff are under, how further losses are sustainable. The Committee seeks clarification from the COPFS on the operational rationale for job losses and where they will fall.

The Committee also warns the COPFS against an over-reliance on digital solutions to deliver greater efficiencies.

Efficiency of the prosecution service

“Churn” – adjournment and delay of cases scheduled for trial – is one of the main sources of frustration for anyone having to engage with the prosecution process. The Committee accepts that a degree of churn is inevitable and unavoidable, but evidence received over the inquiry indicates that it remains unacceptably high.

The Committee accepts that the problem of delay and inefficiency in the prosecution process cannot be solved by the COPFS acting on its own. The Committee also accepts that churn is a part-consequence of the COPFS’s limited staffing resources, but calls on the COPFS to find methods of mitigating it. For instance, it should be within the capacity of the COPFS to develop more efficient and effective means of notifying those whose attendance is no longer required at a trial. The Committee asks the COPFS and the Scottish Government to take this forward within the Justice Digital Strategy.

The Committee notes evidence that 80% of Crown motions to adjourn arise because of the non-attendance of witnesses. Giving evidence in a trial is a civic duty and failure to do so can be deemed a contempt of court. The Committee accepts that there can be understandable reasons why witnesses do not attend a hearing, but seeks clarification from COPFS and Scottish Government as to: what measures are in place to encourage and, if necessary, ensure witness attendance; the extent to which these measures are being used; and whether alternative approaches are being considered over and above whatever may emerge in due course from the Evidence and Procedure Review.

No blame can be attached to witnesses for non-attendance when they have not in fact been cited to attend court. The Committee is concerned by evidence that the process is sometimes unreliable. The Committee asks the Scottish Government, COPFS and SCTS whether it accepts this evidence and, if so, what measures are being considered to address this, including for instance, the Sheriffs’ Association suggestion of a dedicated COPFS unit to issue citations.

Proposals set out in the Evidence and Procedure Review and the Justice Digital Strategy are welcome and, in some cases, long overdue. Aspects of current criminal law procedure could rightly be described as archaic. The Committee notes the potential for considerable savings to be made if far fewer witnesses are required to attend court and are able to give their evidence in other ways.

However, the Committee notes with concern that the timetable for implementation of some aspects of the Digital Strategy has slipped, with some targets already missed. The Committee further notes that there appears to be no public timetable for implementing the Evidence and Procedure Review.

The Committee asks for a progress report from the Scottish Government in respect of each main element of the Review and the Strategy, setting out the timescale, the anticipated effect on the prosecution process, and where possible, the projected cost saving in relation to each such element.

The Committee also asks for an update from the Scottish Government as to what legislative changes it envisages may be required to unlock the full potential of the Evidence and Procedure Review and the Justice Digital Strategy, and what plans it has in respect of these.

The Committee seeks further information from the Scottish Government as to how proposals to encourage increased judicial case management in the context of criminal proceedings will be progressed and what additional support, if any (eg training), it envisages the judiciary may require in this modified role.

The Committee also seeks further information from the Scottish Government as to whether additional funding will be required to fully implement the Digital Strategy and the Evidence and Procedure Review and, if so, whether these have been costed and what proportion of these costs fall on the COPFS.

Given acknowledged difficulties with the delivery of major IT projects in the public sector, the Committee is concerned that there should not be an over-reliance on information technology to drive reform in the criminal justice system.

Proposals set out in the Evidence and Procedure Review and the Justice Digital Strategy are welcome and, in some cases, long overdue. Aspects of current criminal law procedure could rightly be described as archaic. The Committee notes the potential for considerable savings to be made if far fewer witnesses are required to attend court and are able to give their evidence in other ways.

However, the Committee notes with concern that the timetable for implementation of some aspects of the Digital Strategy has slipped, with some targets already missed. The Committee further notes that there appears to be no public timetable for implementing the Evidence and Procedure Review.

The Committee asks for a progress report from the Scottish Government in respect of each main element of the Review and the Strategy, setting out the timescale, the anticipated effect on the prosecution process, and where possible, the projected cost saving in relation to each such element.

The Committee also asks for an update from the Scottish Government as to what legislative changes it envisages may be required to unlock the full potential of the Evidence and Procedure Review and the Justice Digital Strategy, and what plans it has in respect of these.

The Committee seeks further information from the Scottish Government as to how proposals to encourage increased judicial case management in the context of criminal proceedings will be progressed and what additional support, if any (eg training), it envisages the judiciary may require in this modified role.

The Committee also seeks further information from the Scottish Government as to whether additional funding will be required to fully implement the Digital Strategy and the Evidence and Procedure Review and, if so, whether these have been costed and what proportion of these costs fall on the COPFS.

Given acknowledged difficulties with the delivery of major IT projects in the public sector, the Committee is concerned that there should not be an over-reliance on information technology to drive reform in the criminal justice system.

Effectiveness of the prosecution service

The Committee agrees with the Lord Advocate that the COPFS is, overall, “effective, rigorous, fair and independent” in the prosecution of crime. The evidence received indicates that, in general, Scotland is fundamentally well served by the COPFS in its core role as public prosecutor. However, the same evidence also makes clear that there should be no room for complacency and that the various shortcomings stakeholders have identified must be addressed.

The Committee acknowledges that the criminal justice system has not always prioritised domestic abuse as it should have or treated it with the seriousness it deserves. It was necessary for a clear message to be sent by public agencies working in the system that domestic abuse is unacceptable and would be tackled robustly, in order to give victims confidence that their case would be taken seriously. The COPFS/Police Scotland Joint Protocol on domestic violence has played an important role in that process. The Committee notes the differing views it has received during this inquiry as to the COPFS’s application of the protocol, notes the Lord Advocate’s response to it, and asks the COPFS and the Scottish Government to reflect further on the views that the Committee heard.

The Committee calls on the COPFS and Scottish Government to note evidence as to the quality and consistency of prosecution of those summary cases in relation to which special considerations do not apply by way of Lord Advocate’s guidelines to prosecutors or in the Joint Protocol on domestic abuse. Such cases include instances of antisocial behaviour, crimes of dishonesty or less serious violent crimes. The evidence suggests that these are sometimes under-prioritised.

The Committee acknowledges the COPFS’s evidence that it intends to build stronger relationships with third sector stakeholders in the prosecution of wildlife or environmental crime. The Committee asks the COPFS to respond to views heard in evidence that recommendations in the Scottish Government’s 2008 report Natural Justice, particularly in relation to post-prosecution debriefings, have not been fully implemented, and to set out its plans to address this.

The Committee is concerned by evidence of very low prosecution rates for failure to hold employer’s liability insurance, noting that the consequences of failing to be properly insured can be devastating for individuals and families. The Committee welcomes the COPFS’s commitment to explore the reasons behind the low number of referrals with relevant reporting agencies and requests an update from the COPFS.

The Committee seeks the COPFS’s view on whether there is merit in recruiting locum prosecutors to prosecute High Court cases turning on complex and specialist aspects of criminal law such as corporate fraud or health and safety breaches and, if so, whether this is part of its current practice.

The Committee is concerned by evidence that the courts are sometimes being asked to take decisions on bail without access to the full range of relevant information. This may lead to decisions being made that are not necessarily in the public interest, for instance to refuse bail on the basis of the accused’s homelessness. Whilst the safety of the public and the integrity of the prosecution process must be the paramount considerations, the public interest is not served by individuals being remanded when more suitable alternatives may be available. The Committee asks the COPFS and Scottish Government, on behalf of the Scottish Prison Service, to respond to this evidence.

The Committee notes the COPFS’s view that a drive towards increased centralisation and specialisation is likely to have helped it become a more efficient and professional organisation. The setting up of specialist prosecution units (for instance in relation to sexual offences) has been broadly welcomed. However, evidence has made clear that some trade-offs have been involved. It has been concerning to note evidence that local fiscals may sometimes find themselves running cases against their own professional judgment. The Committee also notes views that increased centralisation may have had an effect on morale and job satisfaction in local offices.

The Committee seeks clarification from the COPFS that consideration of the autonomy and decision-making capacity of local fiscals is being taken forward in its current “Fair Futures” programme being developed in consultation with its staff.

The Committee notes views that the centralisation of case marking has led to an erosion of knowledge as to the availability of local schemes and programmes where case markers are considering alternatives to prosecution. The Committee asks the Scottish Government to consider whether, if these perceptions are valid, Community Justice Scotland could be invited to address them in its ongoing work to develop a new model for community justice delivery.

More generally, the Committee asks the COPFS and Scottish Government as to what monitoring there is of the effectiveness of diversion from prosecution and whether and how the results of that monitoring are fed back to the COPFS for continuous improvement purposes.

Victims and witnesses and the COPFS

The Committee supports the principle that the COPFS prosecutes in the public interest and not directly in the interests of individual victims of crime: it is not “the victim’s lawyer”. The Committee understands that this may sometimes lead to difficult decisions being made that victims find painful. However, the Committee considers that the principle is key to protecting the independence and integrity of the prosecution service.

The Committee considers that there is no inherent contradiction between putting the public interest first during the prosecution process and putting victim care at the heart of criminal justice system, In particular, victims have a right to be listened to and to be treated with respect and sensitivity. Their views matter and they should be consulted, whenever possible, at appropriate points in the prosecution process.

The Committee considers that an effective, efficient and fair COPFS in everyone’s interests; accused, victims and witnesses alike. The Committee is therefore concerned by evidence that a lack of preparation time means that time limits in solemn trials are being “routinely” exceeded and seeks the COPFS’s response.

The Committee also asks the COPFS to respond to evidence that its general policy is not to seek the withdrawal of warrants for arrest of an accused for non-attendance, even where there may be exculpatory or mitigating factors. The Committee accepts that non-appearance for a court hearing is a serious matter but asks the COPFS to respond to concerns that, if this is its policy, it may impact disproportionately on vulnerable people.

The Committee asks the COPFS and Scottish Government to clarify what information (if any) public agencies must provide to families and dependents of accused people and what measures are in place to ensure that the information is provided. The Committee seeks clarification from the COPFS and Scottish Government as to what measures are in place to ensure that family members or vulnerable adults accused or convicted of a crime are contacted and notified.

The Committee considers that the safety and mental welfare of victims, balanced against the accused’s right to a fair trial, should be at the forefront of consideration during the prosecution process. The Committee asks the COPFS and Scottish Government to confirm whether it is their understanding that Victims and Witnesses (Scotland) Act 2014 imposes legal duties on the COPFS, and other agencies, in relation to the hostile cross-examination of witnesses during a criminal trial and, if so, to clarify what practices and policies are in place to ensure that relevant legal requirements are met.

The Committee welcomes the Victims’ Code for Scotland and considers that the pamphlet should be available to all victims at their first point of contact with the criminal justice system. The Committee seeks clarification from the COPFS and Scottish Government as to current practices in relation to making the Code available.

The Committee welcomes ongoing work under the Evidence and Procedure Review to reform the way in which children give evidence during a trial but repeats its earlier concern that there is no publication date for the review’s findings.

The Committee notes that the aspiration is to make taking evidence from children in a courtroom setting the exception rather than the norm. Any reforms must continue to allow the defence to challenge and test the evidence. The Committee looks forwards to considering detailed proposals as they emerge.

The Committee welcomes the additional funding that the Cabinet Secretary provided for the victim fund, which assists families of murder victims, in the 2016-17 financial year. The Committee asks the Scottish Government to keep the fund under review to ensure that it is adequate.

The Committee considers that the evidence taken from victims of crime set out serious failings by the criminal justice system, of which the COPFS is a key component, to provide the confidence necessary for these victims to participate in court proceedings. These failings including a lack of communications, misinformation, delays and adjournments, have resulted in some of these victims concluding that they would never have reported the crime in the first place. The Committee considers that this is unacceptable and must be addressed as a priority, and repeats its view that it is imperative that the COPFS finds more effective methods for passing on accurate up-to-date information about trials in real time to all stakeholders, victims especially. The Committee acknowledges that the reasons for adjournments in criminal trials are complex and that the COPFS bears only partial responsibility for them.

The Committee asks the COPFS to clarify the extent to which it takes into account the vulnerability of victims and witnesses, and the risk to them of a prolonged or delayed prosecution process, in determining the prioritisation of cases, in the light of evidence that delays in hearing cases can disproportionately damage the mental welfare of vulnerable adults.

The Committee recognises the valuable role played by the Victim Information and Advice Service, and that there has been praise for the contribution of VIA staff members in evidence. The Committee recognises that the COPFS’s resources are finite and limited and prevent it providing as much assistance as it would like. At the same time, there are lessons for the COPFS as a whole to learn as to the way it sometimes communicates with victims of crime and with other prosecution witnesses.

Reforms under the Victims and Witnesses (Scotland) Act 2014 have significantly widened the duties owed to victims and witnesses and have been widely welcomed. The COPFS, in common with other public agencies, is still adjusting to these changes. The Committee is concerned by evidence appearing to indicate that some of the key rights secured by that legislation are not yet a reality for victims and witnesses in their journey through the criminal justice system. The Committee asks the COPFS and Scottish Government to respond to this evidence, and to evidence that victims and witnesses are not always aware of their rights.

The Committee welcomes the Lord Advocate’s acknowledgement that the COPFS might benefit from examining the process of giving evidence from the victim’s perspective in order to see whether it could be improved.

The Committee is concerned by evidence that vulnerable witnesses did not always obtain the special measures that they had requested and that where some special measures (for instance, screens) were provided, they were not always adequate. Evidence that victims and witnesses did not always feel secure outwith the courtroom setting during the trial process is also concerning. The Committee notes that, as well as potentially affecting victims’ and witnesses’ mental welfare, this might affect the evidence they give, or in extreme cases lead them not to give evidence at all.

The Committee recommends that the COPFS carry out an audit of victims and witnesses entitled to special measures in order to determine (a) whether they are aware of their rights to ask for special measures, (b) whether reasonable requests for non-standard special measures are being met, and (c) the extent to which the provision of special measures actually assisted the individual in providing evidence and, if not, what lessons could be learned from this.

Under the Victims and Witnesses (Scotland) Act 2014, the COPFS is required to take reasonable steps to enable victims and their families to avoid the accused during a trial. The Committee seeks clarification from the COPFS as to how it exercises that duty in practice and whether it makes victims and their families aware of its existence.

The Committee was concerned by evidence as to the lack of contact between victims and prosecutors during trial preparation, leading in some cases to a perception from victims that the Crown was not well prepared when it came to the trial. The Committee notes the explanation provided by the COPFS as to why, in the vast majority of cases, it is no longer considered appropriate to precognose victims and witnesses. However, the Committee also notes evidence that precognition by the Crown, amongst other things, may help evidence be agreed earlier, and thus help cases resolve more quickly, which is one of the main aims of the Evidence and Procedure Review. The Committee asks the COPFS to respond to this evidence.

Evidence received over the course of this inquiry shows a divergence between the intentions of the COPFS and the experience of many victims. Victims can be re-traumatised by what can come across as a mechanistic process that does not always appear to have their interests at heart. Victims and witnesses are sometimes made to feel like an afterthought. This is a system-wide problem but the COPFS, as the key organisation within the prosecution process, bears its share of responsibility. Any comprehensive solution must also be system-wide.

The Committee notes Dr Lesley Thomson’s Review of Victim Care in the Justice Sector in Scotland. Whilst welcoming the Review as a valuable contribution to the current debate as to how best to cater for victims within the prosecution process, the Committee considers that many of its conclusions have been voiced before but not acted upon.

The Committee requests a detailed response from the COPFS and the Scottish Government as to the main conclusions in the Review, including which recommendations they propose to accept, and what legislative reforms may be necessary in the light of this. The Committee further requests from the COPFS and Scottish Government a timetable for implementing recommendations in the Review. The Committee also seeks their views on the Review’s proposal that victims should have access to a single point of contact providing advice and support during their journey through the criminal justice process.

The Committee notes that the number of referrals to the VIA service has risen sharply (by around 45% in seven years) and that the Thomson Review estimates an additional 4000 referrals per annum in future thanks to recent legislative reforms. The Committee considers that without additional resource for VIA, there will almost certainly be adverse consequences for its ability to work effectively.

The Committee calls for the COPFS to audit the work VIA currently undertakes in order to come to a view on where the main demands on its services come from and whether there are areas of unmet need.

The Committee makes these recommendations in the context of what it recognises as an ongoing debate as to the future role of the VIA service. The Committee considers that obtaining more information on VIA’s current workload and on unmet need may help clarify next steps in relation to that debate.

The Inspectorate of Prosecutions

The Inspectorate of Prosecutions in Scotland has an important role to play in ensuring the effectiveness and efficiency of the prosecution system and the Committee supports its work. The inquiry has laid bare the Inspectorate’s very low public profile, even amongst criminal justice stakeholders. Whilst the Inspectorate is not a public-facing complaints-handling organisation or an advocacy body, it requires the input of informed experts and stakeholders to add value to its scrutiny work.

The Committee is therefore concerned at the lack of stakeholder awareness of the Inspectorate’s output, given that its reports have touched on matters of genuine public interest.

The Committee notes the Inspectorate’s assurances that it recognises its low profile as a concern and proposes to address it. The Committee requests an update from the Inspectorate as to what work is planned and would welcome the Scottish Government’s view on what the Inspectorate proposes.

The Committee notes that it helps the Inspectorate to have ex-COPFS staff working on its investigations. They bring with them a wealth of knowledge about how the service works that is likely to add to the quality of its output. However, the Committee considers that the Inspectorate has not currently got the balance quite right. This applies particularly to the practice of recruiting most assistant inspectors from the COPFS on secondment.

The Committee notes the Inspector’s assurances that she has never been influenced to change a recommendation in her reports. However, perceptions matter, and current arrangements contribute to a perception that the Inspectorate may not be as independent from the COPFS as it was intended to be. The Committee requests the Scottish Government to reflect on these views and to respond to them.

Finally, the Committee asks the Inspector to take into account conclusions and recommendations about the COPFS made elsewhere in this report when considering her next programme of inspections.

LET’S DO JUSTICE DIFFERENTLY – JAMES WOLFFE QC

At a meeting on 17 January 2017, MSPs on the Scottish Parliament’s Justice Committee took evidence from Lord Advocate James Wolffe QC – who told MSPs ongoing reviews suggested a “need to do criminal justice in really quite a different way”.

In the months since James Wolffe made this statement to MSPs, Wolffe has embarked on a public relations offensive in order to bring the thorny question of the removal of corroboration – a safeguard against miscarriage of justice – from Scotland’s criminal justice system – in order to secure what COPFS agents believe would be a vastly higher conviction rate – if the requirement of two independent sources of verification for evidence was dropped.

Appearing in sympathetic press, Wolffe has made known he now sides with the abolishment of corroboration and a wholesale change of the way criminal prosecutions are handled in Scotland.

However, critics say the Crown Office cannot be trusted with such radical alterations to Scots Criminal law – pointing to high levels of corruption at the Crown Office including staff who themselves hold criminal records for serious offences, and the widely known fact COPFS is heavily compromised by criminal informants, as well as legal staff who have tipped off other crooks including lawyers & financiers linked to major criminal investigations.

And – moves to drop corroboration in the past have been condemned as little more than a policy move to allow Prosecutors to make up evidence as they go along in Criminal Trials.

Legal figures from across Scotland have indicated it is their view that if  corroboration were removed from the Criminal justice system, trials would be likely to see an increase in all kinds of dodgy statements & evidence used by desperate prosecutors out for a conviction at any cost.

Evidence from Police Officers too has been widely criticised by several members of the judiciary who contend officers have knowingly given false, and at times corrupt evidence in  Scotland’s Sheriff and High Courts of Justiciary.

Legal insiders have since tipped off the media the Crown Office has conducted an internal consultation on how to ‘reinvigorate’ moves to abolish corroboration and return the issue to the Scottish Parliament’s Justice Committee – where MSPS previously concluded only two years ago that corroboration must remain as part of Scotland’s justice system.

The Justice Committee’s decision came from an impassioned address by Lord Brian Gill, who rightly supported the retention of corroboration as a safeguard to ensure the right to a fair trial across the spectrum of Scotland’s criminal justice system.

The Justice Committee – then under the chair of MSP Christine Grahame MSP, had previously heard from anti-corroboration protagonists Lord Carloway – who is now Scotland’s top judge, and the then Lord Advocate Frank Mulholland – who Carloway has since appointed to a £180k judicial post at the Court of Session.

The Justice Committee remained unconvinced of the merits of abolishing corroboration after hearing from Carloway, Mulholland and a plethora of other groups & vested interests.

Lord Advocate James Wolffe is also facing serious questions to answer over his role in a growing scandal around cash bungs and payments to members of the Faculty of Advocates – while Wolffe was Dean of Faculty.

An ongoing media investigation into a case in which a judge & privy councillor failed to declare links to his son – who was at the time representing a construction company which admitted an incident of unlawfully dumping contaminated waste – has established a QC representing the pursuer was paid large sums of cash after he demanded the payments “in any form except beads”.

An investigation into the payments – which breach Faculty rules -, and evidence of alleged malpractice by the QC was covered up while Wolffe was Dean of Faculty.

Now, the case has re-entered the headlines as calls grow for a full investigation into legal regulators including Wolffe’s Faculty of Advocates – who dismissed the complaint without even looking at it.

Video footage of two appearances by Crown Office agents including the Lord Advocate – James Wolffe QC, follow:

Scottish Parliament Justice Committee 17 January 2017 – COPFS Inquiry & other business

Committee convener Margaret Mitchell said the probe had “unearthed some serious concerns”.

She said: “From the amount of time wasted through trials not proceeding on schedule, to the workload of prosecutors and the support offered to the victims and witnesses who appear at court. “The justice committee will publish its conclusions in due course, but we hope that the Lord Advocate will have listened to the legitimate concerns raised so far.”

Conservative justice spokesman Douglas Ross pressed the Lord Advocate on whether there would be “an overhaul of the justice system” in light of concerns raised.

Mr Wolffe said he acknowledged the challenges COPFS faces, saying “significant reform” was ongoing, with a process review suggesting “the need to do criminal justice in really quite a different way”.

Crown Agent David Harvie, the professional head of the service, said there was a “very strong argument for system change” within the justice system, and “a need and an opportunity for transformational change”.

Staff surveys have noted that 40% of Crown Office staff don’t wish to stay in the service in the long term – although Mr Wolffe argued that this is “considerably higher” than the average in the civil service, saying things were moving in the right direction. He also argued that there should be no lack of confidence in the fundamental work of COPFS, with a conviction rate of 80% in cases prosecuted.

Mr Harvie said the “vast majority” of individuals were provided with a good service, although he said he “accepts and regrets” that some had been failed.

In response to further questions about staff issues, Mr Wolffe said “we are not complacent about it”, but added that “there is encouragement to be taken” from staff surveys. He said the service had “come a remarkable distance” in his lifetime, from a position where the criminal justice system paid no regard to the needs of witnesses.

The Lord Advocate highlighted communication and support for victims and vulnerable witnesses as a particular area of focus for ongoing improvements, with ambition to deal with evidence from children and vulnerable people in a different way.

Ms Mitchell said there was a “fundamental problem” over communications with victims of sexual assault in particular, with Mr Harvie agreeing this was an issue worthy of “significant reflection” and further work.

Under the current budget draft, the Crown Office budget is maintained in cash terms, which equates to a real-terms cut.

Mr Harvie told members that £1.5m of savings had been targeted, with half of the sum coming from staff costs.

He said “probably around 30” jobs would be cut, by not replacing staff who leave or retire. The other half of the savings will come from areas like expert witness costs and pathology, although Mr Harvie conceded there was a “risk” that some could also come from staffing – albeit “not a significant risk”.

Mr Wolffe previously appeared at Holyrood to give evidence about the draft budget, at which point he argued the Crown Office had adequate resources to fulfil its role.

Scottish Parliament Justice Committee 20 December 2016 COPFS Inquiry & other business

Concluding MSPs probe of the Crown Office, Justice Committee convener Margaret Mitchell said: “An effective Crown Office is fundamental to an effective criminal justice system in Scotland.The committee heard many concerns during our inquiry. Across the board, witnesses identified possible improvements which could be made to how COPFS works – and better-serve justice and the public. These findings must be taken into account by COPFS management and the Scottish government.”

Lord Advocate James Wolffe QC said: “It is gratifying that the committee has concluded that COPFS is an effective, rigorous, fair and independent public prosecutor.It states that, in general, the public in Scotland is fundamentally well-served by the COPFS in that core role. That is, in large part, a tribute to the professionalism and commitment of the staff of the service. The committee has made a number of recommendations and I will wish to take time to reflect on all of those recommendations.”

For a more substantive reporting on the Crown Office, read previously articles here: Scotland’s Crown Office & Procurator Fiscal Service – previous reports and on the office of Lord Advocate here: Scotland’s Lord Advocate – Top crime officer leaves much doubt on justice.

Have a problem with the Crown Office & Procurator Fiscal Service? Tips to tell on cases, prosecutions or presentation of dodgy evidence? Tell us more about it in confidence, by email to scottishlawreporters@gmail.com

 

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ECO-JUNKETS: Scotland’s Environment regulator SEPA spends £53k & more time on overseas trips, hospitality & junkets in one year – than going after corporate polluters & illegal dumping

Green regulator spends more time in air than going after polluters. SCOTLAND’S ‘guardian of the environmental’ spends more time in the air on overseas trips and forking out public cash for junkets & air travel than going after polluters & construction companies caught dumping highly contaminated material across sites including housing estates and farmland across Scotland.

Records obtained via Freedom of Information reveal the Scottish Environment Protection Agency (SEPA) spent £53k in just one year on overseas air travel and expenses associated with the trips, on destinations all across the globe for ‘some’ of the agency’s 1,200 staff.

Additional records disclosed to a media investigation, and now published in this article include a lengthy hospitality register, with entries detailing dinners and events on offer from industries, companies and lobby groups often accused of damaging the environment such as Whisky distilleries.

SEPA staff also attended dinner & hospitality events provided by an alcohol industry lobby group – the Scotch Whisky Association – who bitterly fought against the Scottish Government’s plans for minimum alcohol pricing.

While SEPA staff were being wined, dined & given hospitality by Whisky producers, the green watchdog condemned seven Scotch whisky distilleries for their failure to meet pollution guidelines.

SEPA – Documents reveal Overseas flights & expenses: SEPA – Overseas Expenses 2011 to 2016

SEPA – Documents reveal Gifts & Hospitality:  SEPA – Gifts & Hospitality Register 2011-2016

A report in the Sunday Herald revealed : Diageo, the £11 billion drinks giant and world-leading whisky producer, has admitted breaching seven out of eight of its environmental targets to cut pollution and waste.

One of Diageo’s most polluting plants – with some of the highest emissions of any industrial site in Scotland – is the Cameronbridge grain distillery at Leven in Fife. The plant’s carbon dioxide pollution has risen in recent years to a record high.

SEPA’s latest pollution inventory shows that the distillery belched out 134,211 tonnes of carbon dioxide in 2013. Emissions were the highest they had been for ten years, rising every year from 2009 to 2013.

The high mileage hospitality ridden environmental regulator once came under the responsibility of former Environment Minister, Paul Wheelhouse MSP.

Mr Wheelhouse, who later moved to a legal affairs portfolio, attended an evidence session at the Scottish Parliament’s Public Petitions Committee. Mr Wheelhouse went onto claim judges should not declare their interests claim judges should not declare their interests because SEPA staff had allegedly faced threats from gangsters.

However, an investigation by the Sunday Herald newspaper debunked the gangster claims by Wheelhouse – after documents passed to journalists revealed no instances of gangster threats, although one SEPA official had faced a farm gate being slammed shut.

SEPA also faced widespread criticism in the media after environmental journalist Rob Edwards revealed the Scottish Environment Protection Agency had kept the locations of 87 polluters a secret, enabling mistakes to be covered up.

In an assessment of environmental performances for 2013, SEPA had refused to identify 1,187 water suppliers and 287 sites handling radioactive materials “for reasons of national security“. But it has rated 83 of the water suppliers and four of the radioactive sites as “poor” or “very poor”.

An ongoing media investigation into the dumping of contaminated waste by Advance Construction Ltd in areas covered by North Lanarkshire Council, has established the Scottish Environment Protection Agency appears to have turned a blind eye to multiple instances of fly tipping and dumping by a variety of companies including Advance.

Papers passed to journalists appear to include warning letters from SEPA on the dumping of material by the firm, yet no action appears to have been taken.

The Scottish Sun on Sunday reports on expenses junkets, & overseas trips of SEPA:

GLOBEROTTERS: Quango blasted over green junket flights

SEPA racks up 420,000 miles in jets in 3 years: Staff travel same as journey to moon and back

Exclusive By RUSSELL FINDLAY Scottish Sun 05 April 2015

JETSETTING civil servants racked up 420,000 air miles in just three years flying on international jaunts to discuss green issues.

Scottish Environment Protection Agency staff took hundreds of trips to destinations like Nairobi in Kenya, Dubai, Thailand, New York and Canada — often to talk about climate change.

And they flew to European conferences held in the likes of Paris, Dublin, Rome, Malta and Copenhagen — covering enough ground to fly to the Moon or 17 times around the earth.

Campaigners blasted the taxpayer funded quango for its globetrotting. Green MSP Alison Johnstone, far right, said: “Sepa do an important job but I’d urge them to think carefully about whether such extensive air travel is necessary to carry out their work.

“I’d be interested to see a breakdown of what these flights were for. “Government agencies should be leading by example if they’re serious about reducing transport emissions.”

Staff travelled to pow-wows such as the “Strategic meeting towards an enhanced coordination of environmental crime prosecutions across the EU” in Amsterdam, and the European Reservoir Safety Regulation forum in Trondheim, Norway.

Eben Wilson, of Taxpayer Scotland, said: “Sepa is finding things to do abroad when it should focus on the local environment in Scotland.

“Overseas jollies which may seem valuable to Sepa really don’t gel with what the public think environmental protection should be about.”

The green watchdog has a £40million annual budget for carrying out duties including monitoring of air and water, enforcing green regulations on businesses and issuing flood warnings.

The agency’s 1,200 staff are led by outgoing £110,000-a-year chief exec James Curran, below left.

Its annual statement says: “It is our duty as an agency promoting low carbon growth to set a good example. “We have continued to look for ways to reduce greenhouse gas emissions from our business travel.

“Our success in reducing the use of domestic flights by 96 per cent since 2006 was praised during the year in a report by Transform Scotland.”

But the report does not mention international flights taken between April 2011 and March 2014 uncovered by The Scottish Sun.

Sepa insisted the mileage was only 352,000 and added: “In order to protect the wider environment and tackle environmental crime, staff have to work with other countries.

“Our experience and expertise are held in high regard internationally.

“Overseas travel is authorised by senior management and the decision balances environmental benefits of the work with the impact of travel.”

and all for the environment DUBLIN – Common Implementation Strategy (CIS) Working Group C – WFD Groundwater AMSTERDAM – Strategic Meeting “Towards an enhanced coordination of environmental crime prosecutions across the EU: the role of Eurojust” PARIS – Carbon Capture and Storage (CCS) Interest Group of NEPA (CCSIG) MALTA – 5th IMPEL conference on implementation and enforcement of environmental legislation: “Working together to improve and innovate” COPENHAGEN – Citizen Science Workshop GOTHENBURG – Scotland/Sweden District Heating Mission NAIROBI – Interpol Environmental Compliance and Enforcement Committee (ECEC) TRONDHEIM – European Reservoir

SEPA: Junket ridden agency puts freebies before environment

In material published on their website, SEPA claims to be a “high performance organisation”

The regulator states: “We will continue to transform our approach to environmental protection, with an aspiration of delivering world- leading services for the people of Scotland. This will be enabled, in part, by the Regulatory Reform (Scotland) Act and we will continue to work closely with the Scottish Government on regulatory reform. We will be making some significant improvements to how we set ourselves up to deliver our services, informed by work we have carried out on organisational design. This will help us to improve delivery and provide better value for money.”

“We will continue to improve our own business processes, so that our services are recognised as excellent. Our new digital strategy will ensure that technology helps us improve our customers’ experience. We will also help communities to participate in the key decisions that affect them.”

“Our people are at the heart of our success as their knowledge and expertise is our greatest asset. Our goal is to transform into an organisation that people are clamouring to work for. We value diversity in our workforce as it brings a range of talents and perspectives. Over the next few years our key focus will be on developing our staff to create an organisation that lives our six Organisational Characteristics.”

“As we change our ways of working, our estate needs to be flexible; as we modernise our estate we will continue to provide the best working environment we can for our staff and we will seek to share our buildings with partners wherever possible.”

SEPA priorities for this year

• Enabling delivery of high quality, consistent and customer-focused services

• Developing and retaining high performance people

SEPA ON CLIMATE CHANGE, NO MENTION OF JUNKETS:

Further promotional material on the SEPA website states: “Scotland is preparing for a sustainable future and is taking steps to limit climate change Society on earth has progressed to the point where we live as if we had three to four planets to exploit. We don’t have three to four planets; we have one planet with a growing population and depleting resources. For everyone to be able to enjoy a good standard of living, now and in the future, we need to ensure that we do not develop in ways that destroy our ecosystems, because that will undermine our potential for future development.”

“The three pillars of sustainable development are the economy, society and the environment. The role of a 21st century environment protection agency is to find ways to advance the goals of all three at the same time. To achieve this we will increase our engagement with businesses and communities to understand their goals, and to show them how focusing on sustainable development can help them achieve those goals. We want to play our part in helping communities see the environment as an opportunity to create social and economic success. We also want to work with our partners to help businesses realise the benefits of taking an approach that reduces carbon, water use,materials use, and waste production.”

“Through our leadership role, we will do everything in our power to help Scotland address climate change to ensure its environment, economy and communities flourish. Our advice and regulatory activity is based on sound scientific evidence allowing us to help Scotland both reduce and adapt to the effects of climate change. Our work will help Scotland achieve its ambitious greenhouse gas emission reduction targets, and support the transition to a low carbon,resilient and sustainable Scotland.”

SEPA priorities this year

• Acting to combat climate change

• Championing sustainable resource use

Have you dealt with the Scottish Environment Protection Agency? Tells us about it in confidence to scottishlawreporters@gmail.com

 

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JUDICIAL REGISTER: Figures reveal Scotland’s judges received £471million since 2008 financial crash, benefit from extra £2billion on courts & legal aid – yet declare no wealth, assets or interests

Transparency register now essential for judges. THEY HAVE the power to strike down legislation from our elected Scottish Parliament, enact their own versions of the law with Acts of Sederunt, suspend your liberty, and dodge questions on their activities – yet figures reveal Scotland’s secretive judicial elite who control our courts – have received a staggering £471 million of public cash for salaries and judicial related ‘activities’ since the financial crash of 2008.

Judges on up to £230K a year – some holding judicial posts for well over twenty years, have also directly benefited from a massive £885 million of public cash thrown at Scotland’s courts since 2008 – including a £58 million taxpayer funded refit of Parliament House – the headquarters of Scotland’s current Lord President & Lord Justice General – Lord Carloway.

And, don’t forget the staggering £1.207 billion of legal aid – yet another public cash subsidy for the legal profession to prop up our creaking, expensive and exclusive billion pound courts who close their doors as soon as they hear the word “transparency”.

Yet – the collection of Senators of the Court of Session, temporary judges, sheriffs of varying titles, tribunal & land court judges – (around 265 in number) and an army of up to 450 justices of the peace – declare not one single interest, connection, item of wealth, property value, or paid outside work, outside of revelations in the media of judges’ links to big banks & dodgy businesses contained in the SCTS Board register.

There is no other group in society who are allowed such a privilege of secrecy – while benefiting directly from billions of pounds in public cash.

The weak, disabled and most vulnerable in society are strip searched and harassed day & night, whenever they dare ask for help.

Even an elected councillor, msp and all other public officials must tally up their stationery costs and claims for rubber bands.

Yet there are no questions, requirements of transparency or accountability for the judiciary – who jet set at-will around the world on taxpayers cash, operate a judicial version of a diplomatic service and rake in cash for speeches, conference attendance, and legal work – without fear of having to declare one single item of their wealth, connections to despots, the rich & powerful and links to big business – in public.

By any stretch of the imagination, this scenario, is shocking.

The figures – sourced from the Scottish budget on judicial salaries, travel, junkets, ‘training’ and various enterprises operated by the Judicial Office for Scotland falling under the term “Courts Group” to various related courts & tribunal support entities- reveal the total spend on Scotland’s judiciary since 2008 stands at £470.6m.

Budget spend on judiciary: 2007-2008: £41.8m, 2008-2009: £44.3m, 2009-2010: £46.3m, 2010-2011: £51.1m, 2011-2012: £50.0m,2012-2013: £52.4m, 2013-2014:£52.1m,2014-2015: £51.6m, 2015-2016: £40.5m (missing £11.1 switched to SCTS budget), 2016-2017: £40.5m  (missing £11.1 plus – switched to SCTS budget)

Courts Group had overall responsibility for financing the cost of the Judiciary, including Scottish Government contribution to the superannuation costs of the judiciary, for the fees to part-time judiciary, for the running costs of a number of small departments and other judicial expenses (training and travel etc).

Judicial salaries are defined as non-voted spending which is met from the Scottish Consolidated Fund but is also part of the Departmental spending limit.

Courts group was renamed Courts, Judiciary and Scottish Tribunals Service during 2012. In the latest Scottish Government 2016-2017 budget, the designation defining judicial costs is tagged as “Judiciary”.

Figures sourced from the Scottish Budget reveal the total spend on Scottish Courts and Tribunals Service (SCTS) since 2008 stands at £884.7m with the added-in £58m for the Parliament House refit.

Budget spend on courts: 2007-2008: £79.4m, 2008-2009: £81.3m, 2009-2010: £94.7m, 2010-2011: £93.5m, 2011-2012: £79.9m, 2012-2013: £77.0m, 2013-2014: £72.3m, 2014-2015: £72.3m,2015-2016: £87.4m (includes missing £11.1m from courts group responsible for Judiciary), 2016-2017: £88.9m (includes missing £11.1m plus – from courts group responsible for Judiciary).

As you read these facts and figures, remember – this is about how public cash to the tune of half a billion pounds is spent by a group of the most powerful people in the land – who resist declaring their interests, how the judiciary operate, create umbrella institutions without accountability and outwith the scope of Freedom of Information laws, make policy on their own and operate without any oversight.

The existing lack of judicial transparency and accountability allows this to continue, unchecked and unchallenged.

There is a proposal to create a new layer of transparency and accountability to the judiciary as exists in all other areas of public life.

In an effort to bring greater transparency to Scotland’s judiciary – Petition PE1458: Register of Interests for members of Scotland’s judiciary – first debated at 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.

The proposal to create a register of interests for Scotland’s judges’ is also backed by the highly talented individuals who were appointed to provide oversight of judicial complaints – Scotland’s first Judicial Complaints Reviewer (JCR) – Moi Ali, and the current JCR – Gillian Thompson OBE.

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

Read the full report & transcript of JCR Gillian Thompson’s evidence to the Scottish Parliament’s Public Petitions Committee here: REGISTER, M’LORD: Former top judge Brian Gill called to Scottish Parliament as Judicial watchdog tells MSPs – Judges should declare their interests in public register.

JUDICIAL REGISTER: What interests are currently declared by Scottish judges?

The latest declarations by a select few powerful judges who control the running of Scotland’s Courts – is more revealing in what is missing from the limited disclosures in the 2016 annual report of Scottish Courts and Tribunals Service (SCTS).

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

Decades of near £200K taxpayer funded salaries produce singular declarations for a handful of judges, while the other 700 members of Scotland’s judiciary declare not one single item.

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

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

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

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

The full list of declarations for the few judges who declare ‘some’ of their interests are as follows:

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

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

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

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

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

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

Johan Findlay JP OBE Honorary Sheriff Justice of the Peace

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

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

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

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

Joe Al-Gharabally: Ernst & Young

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

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

Eric McQueen: Member of the Scottish Civil Justice Council

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

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

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

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

 

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THE JUDICIAL SERVICE: How Scotland’s secretive judicial elite peddle their influence in jurisdictions around the world, and where judges go – corporate vested interests follow

Scots judges ‘influence’ building – Lord Gill. ONE ITEM which stood out in evidence given by former top judge Lord Brian Gill to the Scottish Parliament’s Public Petitions Committee last November, was the ‘influence’ Scotland’s judiciary pride themselves in being able to exert over courts and judges in other jurisdictions across the world.

As the top judge muddled through his evidence, rants on transparency, aggression, and accusing US justices of basing their careers on corporate cash, Brian Gill told MSPs “It is important that the public should know that the Scottish judiciary enjoys a reputation throughout the judicial world that is out of all proportion to the size of our small nation.”

Gill, who was answering questions on his opposition to judicial transparency, continued: “The influence that it exerts in judicial thinking is enormous. The Scottish judiciary is admired, is respected and plays its part in the international world of judicial affairs.”

And the former Lord President was not kidding in what he said.

At least, not the part about meddling and peddling influence in other countries – which appears to emanate from members of the Judicial Office for Scotland who often award themselves off-the-books diplomatic roles, backed up by wads of taxpayers cash.

As for admired and respected, well, not really. Headlines on how judges look down upon the community they are paid to serve – reveal little proof of Lord Gill’s ‘world respected’ Scottish judiciary.

Though, of course, it is a good thing those from far off jurisdictions come to Scotland to learn of our legal system. Who would deny that.

But, when someone with close judicial ties hints to a visiting legal figure – they know a company who can provide a “must have” legal service, anyone looking in realises the whole gathering is just about money, rather than sharing experience, building influence and enduring a boring legal conference.

And, spare a thought for foreign companies who are handed the line they can only do business in Scotland’s courts, if they pay a certain legal firm vast legal fees to do so – a legal firm who just happen to employ members of the judiciary in various causes.

As a parliamentary probe and media investigation into judicial influence rumbles on, documents on judicial ‘seminars’ released by the Scottish Courts and Tribunals Service shed a little more light on the closed off world of judicial influence peddled by such bodies as the Judicial Institute for Scotland.

Via palm pressing, plush taxpayer funded dinners, unpublished hospitality, trinkets and ‘lectures’ to visiting foreign judges, Scotland’s judiciary has indeed, as Lord Gill said himself – built up a finger in every pie, from courts in China and links to wealthy elite, to influence across justice systems around the world.

However, it is not too difficult to notice where our judges go, business follows – eager to lobby for legal services contracts abroad, sometimes in countries which can ill afford such ‘luxuries’ and in many cases, could well do without.

The column of corporate vested interests following in the wake of Scotland’s judicial ermine is so obvious, it stands out like a line of tanks against a violent orange-red sunset.

And these same corporations, among others, appear in the Judicial Rich List investigation – the very same companies and vested interests doing business in Scotland’s courts, and in which our judges hold undisclosed financial stakes they are scared to death of declaring in a register of interests – Petition PE1458: Register of Interests for members of Scotland’s judiciary.

Not too difficult to spot, if you know what to look for. Company note pads in a far off distant rural court, a judge or civil servant in a legal department who develops lifestyle changes and expensive tastes – after schmoozing with Scots judges & the legal profession. Gotcha.

The more obvious ones such as a public official now promoting a huge corporate legal services contract to his colleagues in an area of a developing country where it does not make sense to spend millions on a commercial legal service a judge in Scotland advocates as a “must have”, solely due to the fact that very same judge in Scotland holds shares in the company.

But, let us remind ourselves, we are, after all, talking about influence peddling by Scotland’s judiciary – a judiciary that spent four years battling proposals in the Scottish Parliament to create a register of judicial interests. Just imagine for a second how this looks to the outside world.

Remember, for this was a Lord President who preached ‘Transparency is insidious’ to a gathering of ‘respected’ lawyers and judges.

Gill’s exact words at the 2015 Commonwealth Law Conference in Edinburgh were: “The threats to judicial independence do not always come with a knock on the door in the middle of the night.  In a society that prides itself on the independence of its judiciary, the threat may come in insidious ways, even at the hands of well-meaning governments and legislators, in the name of efficiency and, ironically, in the name of  transparency.”

Those present, laughed, and agreed. The legal profession and justice system is supreme over all. Governments – They are subordinate to all things law, and the judiciary write the law.

Gill, was on a roll. Managing a quip to his esteemed legal audience about the execution of protestors in the centre of Edinburgh, Lord Gill said: “Two years ago, I was crossing the square outside my court when I noticed two individuals standing, perhaps appropriately, at the Heart of Midlothian, the scene of public executions in Edinburgh in former times. They were holding a large banner. It caught my eye. It said “Lord Gill – Resign!” I never discovered what their reasons were; but I thought what a privilege it was to be a judge in a society where the public could make a constructive suggestion of that nature without being taken away by the police.”

The Speech given by Lord Gill to Commonwealth Law Conference Glasgow 2015, which could be described as more of an assault on free thinking & expectation of judicial transparency, was given just before Brian Gill led a column of judges including Lord Neuberger out of the conference, desperate to flee the earth shaking sight of Julian Assange on a giant screen.

Assange, Wikileaks, the media, even the Scottish Parliament – exist to represent transparency, openness, and ensure the public know what is going on.

Yet Scotland’s judiciary view transparency as insidious, and fear a knock on the door at night. Brian Gill, the Lord President, said so himself – to cheers, and perhaps the odd gasp of shock.

Many of the events listed are run by the Judicial Institute for Scotland – a quango created by Lord Brian Gill to give on the job training to Scotland’s judiciary.

Diary of Injustice reported on the creation of the Judicial Institute by Lord Gill during his first few months as Lord President, in January 2013, here: Teaching old dogs new tricks – Judicial Institute for Scotland aims to drag Judges out of “Victorian” era ways with training, technology, & business as usual.

In a speech detailing the creation of the quango, Lord Gill, emphasised the importance he placed on providing judges in Scotland with high quality training in order to ensure that they are in a position to deal with the raft of new legislation and case law, and that they are fully conversant with courtroom technology and case-management expectations.

Gill said: “Judicial training is not simply an optional extra for the judiciary. We have an obligation individually and collectively to ensure that we maintain a professional approach throughout our judicial life.  This new learning suite will enable us to ensure that judges in Scotland benefit from the latest technology in helping them to meet the challenges that lay ahead”

However, what was initially claimed to be little more than a meeting place for Sheriffs and more senior judges to meet and exchange views, the Judicial Institute for Scotland quickly turned into a cover for largesse, hospitality and travel junkets including overseas trips, conferences at expensive venues & hotels, and posh dinners for judges and their guests – all paid for by taxpayers cash.

As journalists continue an investigation into judicial connections around the world, the scale of judicial meddling & peddling around the world in the past two years becomes more apparent in documents obtained via Freedom of Information legislation.

Bear in mind these events are dressed up as legal gatherings. But as they say, it if’s worth doing, it’s worth doing for money, M’Lord.

And, rather than spending their days in the Court of Session, the judges you pay £40 million a year of public cash, are busy operating their own business and influence peddling machine:

4 April 2014 Sheriff T Welsh QC (Director of the Judicial Institute) Sheriff A Duff (Deputy Director of the Judicial Institute) Visit from Bosnia and Herzegovina: The delegation spent the morning with the Institute, during which we demonstrated and discussed Scotland’s support technology for vulnerable witnesses. Held in Edinburgh £28

8 April 2014 Sheriff T Welsh QC (Director of the Judicial Institute) THEMIS Competition Europe-wide debating competition for trainee judges and prosecutors and Judicial Institute contributed towards cost of reception Held in Glasgow. £541.20

14-16 April 2014 Lord Gill Visit to Qatar Lord Gill was invited to address the judges of the Supreme Court on developing a judicial code of conduct. £2,855.52 (overall cost of the visit) The visit actually lasted five days, according to travel expense claims.

16-22 April 2014 Sheriff T Welsh QC (Director of the Judicial Conference) Sheriff Duff (deputy director of Judicial Institute) International: The director and deputy director of the JI presented a session at the conference entitled ‘The Role of the Judiciary in Promotion of a Culture of Tolerance’. Held in Islamabad, Pakistan. All costs met by host country.

9 May 2014 Sheriff T Welsh QC (Director of the Judicial Institute) Lord Brodie Visit by delegation from the China University of Political Science and law and the Baowei Corporation: The main purpose of the visit was to gain an insight into the Court of Session and the public law litigation system in Scotland, in light of China’s recent revision of its Administrative Litigation Law Held in Edinburg. £103.35

22-26 June 2014 Sheriff McFadyen International Society for the Reform of Criminal Law Conference in Vancouver, Canada: Sheriff McFadyen was invited to address Crimes and Punishments from Beccaria to Present on preventing crime and promoting speedy trial: what would Beccaria think of us? Held in Vancouver, Canada £1,408.31 (overall cost of attending the conference).

19 August 2014 Sheriff A Duff (Director of the Judicial Institute) Punjabi Judicial Academy Via Skype Participation in training course being delivered to Pakistani judiciary No costs

5 September 2014 Sheriff A Duff (Director of the Judicial Institute) Visit by Norwegian delegation of judges and court staff To observe court proceedings and judicial training in Scotland. Held in Edinburgh. No costs

16 – 17 September 2014 Sheriff A Duff (Director of the Judicial Institute) Visit to High Judicial and Prosecutorial Council of Bosnia and Herzegovina: To demonstrate the Scottish approach to the issue of witness protection and the giving of evidence by vulnerable witnesses.Held in Bosnia and Herzegovina All costs paid by host country £21.00

14 Nov 2014 The Judicial Institute Board – Lord Malcolm (Chairman of the Judicial Institute) Lord Woolman (Vice Chairman, of the Judicial Institute)Sheriff A Duff (Director of the Judicial Institute) Sheriff A Cubie (Deputy Director of the Judicial Institute)  UK and Ireland Judicial Studies Council annual meeting Edinburgh: The UKIJSC consists of representatives of the judicial training institutions throughout the UK and Ireland. It meets annually to exchange ideas and information about judicial training £249.50

26 March 2015 Lady Scott Visit by Japanese Supreme Court Justice Takehiko Otani The Judicial Institute hosted an afternoon visit to the Sheriff court and High Court Held in Edinburgh. No costs

12 April 2015 Lord Gill Commonwealth Chief Justices Association Conference Scotland’s turn to host the event Held in Glasgow £1741.56

22 June 2015 Lord Malcolm (Chairman of the Judicial Institute) Sheriff A Duff (Director of the Judicial Institute) Visit from Jiangxi, China: The Judicial Institute welcomed a delegation from Jiangxi for a half day visit to learn about Scotland’s legal system. Held in Edinburgh. No costs

24 June 2015 Lord Carloway International Society for the Reform of Criminal Law Conference: Lord Carloway delivered a speech on the use of digital technology in the fair and efficient presentation of evidence. Held in Edinburgh. No costs

2 July 2015 Lord Woolman (Vice Chairman of the Judicial Institute) Visit from Seoul Central District Court, South Korea The Judicial Institute for Scotland hosted a visit from Judge Dohyoung Kim who wished to learn about warrants in the Scottish legal system. Held in Edinburgh. No costs.

31 August – 4 September 2015 Sheriff A Duff (Director of the Judicial Institute) EJTN Exchange Visit The Judicial Institute hosted a visit from Judge Frieda San Jose Arrongo who visited the Judicial Institute for Scotland as part of the EJTN exchange programme. Held in Edinburgh All costs met by EJTN

4 September 2015 Sheriff A Duff (Director of the Judicial Institute) Sheriff A Cubie (Deputy Director of the Judicial Institute) Visit from Hubei High People’s Court, China: The Judicial Institute hosted a half-day visit of senior judges who wished to discuss areas including the management and supervision of judges as well as alternative dispute resolution and IT. Held in Edinburgh. No costs.

14 September 2015 Sheriff A Duff (Director of the Judicial Institute) Visit from Fredrikstad District Court, Norway: The Judicial Institute coordinated a visit by judges and staff who observed criminal trials, and took part in a panel discussion on a wide range of subjects. Held in Edinburgh, £262

16 October 2015 Lord Woolman (Chairman of the Judicial Institute) Sheriff A Duff (Director of the Judicial Institute) Visit from Beijing The Judicial Institute hosted a late afternoon visit of judges from Beijing High Peoples Court who wished to learn more about judicial training. Held in Edinburgh, No costs

8 – 14 December 2015 Sheriff A Duff (Director of the Judicial Institute) Sheriff A Cubie (Deputy Director of the Judicial Institute) Visit from Pakistan Judicial Training Academies: The Judicial Institute hosted a visit of two judges from the Punjab Judicial Academy who wished to learn more about the Scottish legal system and judicial training in Scotland. Held in Edinburgh. No costs

26 January 2016 Sheriff A Duff (Director of the Judicial Institute) Punjabi Judicial Academy Participation in training course being delivered to Pakistani judiciary Held via SKYPE. No costs

14 April 2016 Lord Carloway World Bar Conference: Lord Carloway was invited to speak at the World Bar Conference. This event brings together the members of independent boards of International Council of Advocates and Barristers. Held in Edinburgh. No costs recorded.

30 May to 2 June 2016 Lady Dorian Lord Pentland Lord Brodie Lord Menzies Lord Bannatyne Lord Woolman Lady Scott Sheriff A Duff JI AMB INTERNATIONAL CONGRESS: Members of Scottish Judiciary presented sessions on the Scottish Legal System over the 4 day conference and hosted a reception for the 180 Brazilian judges plus 70 invited guests Held in Edinburgh. £7,010.40

6 July 2016 Lord Pentland China Law Society Visit from members of the China Law Society which conducts research into all areas of legal and judicial reform Held in Edinburgh, No costs

So, next time you see a protest in another country, against a justice system which serves itself, rather than delivers justice for the community it serves, spare a minute and think, did our judges cause that mess to happen? The odds are, if you believe our own Lord President – Yes.

BRAZIL JUDICIARY’S £7K SUPPER: Scottish reception as investigation reveals UK & Scots judiciary’s links to bribe companies:

Scotland’s Judiciary serenaded Brazil judges while a major ongoing investigation by Brazilian authorities continues into British Companies who bribed their way round Brazil industry and government.

A recent investigation by the Guardian Newspaper and BBC Panorama has established one of the companies  – Rolls Royce – may have benefited from use of alleged payments by network of intermediaries for years Rolls Royce – may have benefited from use of alleged payments by network of intermediaries for years

The latest investigation comes after the Guardian newspaper revealed last year Rolls-Royce was facing further scrutiny over bribery allegations in Brazil after a high-level congressional commission told the newspaper it will investigate the company in connection with a sprawling corruption scandal.

The Guardian further reported Rolls Royce  were involved in two investigations in Brazil after the company admitted last it is cooperating with investigating bodies, believed to include Brazil’s federal anti-corruption authority. The commission confirmed the inquiry intends to examine Rolls-Royce’s relationship with Brazil’s state-owned oil company, Petrobras, currently ensnared in a multibillion-dollar bribery scandal which has prompted political turmoil in the country.

However, any prosecutions or legal action taken as a result of evidence accrued by investigators and authorities in Brazil – is likely to come before members of the AMB Association of Brazilian Magistrates – Brazil’s Judges Association – who were recently in Scotland on public cash junkets to ‘study’ the Scots judicial system and attend ‘law conferences’.

The Association of Brazilian Magistrates held their second International Congress in the United Kingdom from 23 May to 2 June, 2016. After a series of events in London, up to 200 delegates headed to Scotland as guests of events in Parliament House, the WS Library, Edinburgh University and Stirling University.

Information disclosed by the Judicial Office confirmed 180 judges from Brazil were serenaded at plush conferences and expensive dinners by Scottish judges who themselves hold financial stakes in companies also accused of bribery and inciting corruption around the world.

Also on Scottish judges shareholdings list is mining favourite BHP Biliton, who are linked to a massive lawsuit for $44 billion over the collapse of iron ore tailings dam in Bento Rodrigues, a subdistrict of Mariana, Brazil – which killed at least 17 people.

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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