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RECUSALS UNLIMITED: Doubts over credibility of register of judges’ recusals – as Judicial Office admit court clerks failed to add details of senior judges recusals – then silently altered records a year later

Court clerks concealed Lord Bracadale’s recusal for a year. AN INVESTIGATION into the content of a Register of Judicial Recusals– maintained by the Judiciary of Scotland – has revealed court clerks concealed details relating to at least one recusal of a senior judge – and then secretly altered records a year later – and only after journalists made enquiries.

The chance discovery of one such unlisted recusal – by Lord Bracadale (real name Alistair Campbell QC) in an unidentified case during 2016 – came as journalists studied volumes of newly released court papers showing failures in the Scottish Courts & Tribunals Service (SCTS) – who manage the Register of Judicial Recusals for publication by the Judiciary of Scotland.

However, when staff of the Judicial Office were confronted about the omission and asked why information relating to Lord Bracadale recusing from a case was not made public – it took nearly three weeks for spokesperson for the Judicial Office to come up with an explanation, claiming a “clerical error” had occurred, and that the information had since been applied to the register.

During March of this year, journalists presented the Judicial Office with a copy of a recusal signed by Lord Drummond Young which indicated Lord Bracadale had recused himself from a case during May 2016. Journalists then queried why the information did not appear on the Register of Recusals at that time.

It was not until the second week of April a spokesperson for the Judicial Office on 7 April 2017 offered an explanation to the media, which stated: “The register of recusals has now been amended to include the relevant entry. It was an oversight by a clerk which meant the necessary information was not passed on to the Judicial Office.”

The Judicial Office refused to answer further questions on the subject or identify if there were any further cases where recuals have not been recorded in the register.

The information eventually entered on the Register of Recusal now reads:

20/05/2016 Court of Session Lord Bracadale On the pursuer’s motion in relation to the judge’s previous decision to refuse the pursuer’s appeal at a procedural hearing

And a further query to the Judicial Office resulted in an email response from it’s then media chief Elizabeth Cutting which stated “As of today, 13 April, I am no longer working at the Scottish Courts and Tribunals Service.”

A request “for a note to be applied to the recusal register in relation to the addition of the recusal by Lord Bracadale” made by a journalist to the Judicial Office and Lord President’s Private Office – generated no further response or action.

Additionally, there was no further explanation provided by the Judicial Office as to why a year had elapsed before the information was correctly applied to the register, and only after the media had alerted the Judicial Office to the omission of the Bracadale recusal.

Legal observers have condemned the retrospective application of information to the Register of Judicial Recusals as “poor administration” and have questioned whether the information relating to Lord Bracadale’s recusal would ever have been added, had it not been for media enquiries to the Judicial Office.

Claims by a Judicial Office spokesperson of a year long “clerical error” significantly conflict with former Lord President Lord Gill’s evidence to the Public Petitions Committee on how the Register of Judicial Recusals was maintained by Court staff and clerks.

On 10 November 2015, Lord Brian Gill appeared before MSPs at Holyrood, and stated in the official record : “There are two points to make in answer to that. One is that the register of recusals is not voluntary. To the best of my knowledge, the clerks of court are scrupulously accurate in keeping the register and therefore, wherever there is a recusal, you may depend upon its being recorded in the register.”

Lord Gill – Court clerks should handle info on judicial interests, not a public register

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

The proposal, first debated at the Scottish Parliament’s Public Petitions Committee in January 2013 – calls for the creation of a publicly available register of judicial interests – containing information on judges’ backgrounds, figures relating to personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, membership of organisations, property and land, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.

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

The move by Lord Gill to create the Register of Recusals was aimed at dissuading MSPs from continuing an investigation into the secretive world of judicial influence, interests, and failures to declare conflicts of interest in court.

However, the investigation continued, and is now in it’s fifth year.

Gill, who eventually gave evidence to the Scottish Parliament’s Public Petitions Committee in November 2015, – available to watch in full here – Evidence of Lord Gill before the Scottish Parliament 10 November 2015 – came in for criticism after he demanded MSPs come to a decision and close the petition on his say-so during the stormy evidence session..

Throughout the meeting, the retired Lord President angrily remonstrated with Committee members who asked him detailed questions on interests and the conduct of Scottish judges.

At one point, Lord Gill gave a misleading answer to the then MSP John Wilson – who quizzed the Lord President on judicial suspensions.

And, in responses to independent MSP John Wilson, Lord Gill dismissed media reports on scandals within the judiciary and brushed aside evidence from Scotland’s independent Judicial Complaints Reviewers – Moi Ali & Gillian Thompson OBE – both of whom previously gave evidence to MSPs in support of a register of judges’ interests.

Facing further questions from John WIlson MSP on the appearance of Lord Gill’s former Private Secretary Roddy Flinn, the top judge angrily denied Mr Flinn was present as a witness – even though papers prepared by the Petitions Committee and published in advance said so. The top judge grimaced: “The agenda is wrong”.

And, in a key moment during further questions from committee member Mr Wilson on the integrity of the judiciary, Lord Gill angrily claimed he had never suspended any judicial office holders.

The top judge was then forced to admit he had suspended judicial office holders after being reminded of the suspension of Sheriff Peter Watson.

A statement issued by Lord Gill at the time of Watson’s suspension said: “The Lord President concluded that in the circumstances a voluntary de-rostering was not appropriate and that suspension was necessary in order to maintain public confidence in the judiciary.”

In an angry exchange with MSP Jackson Carlaw, Lord Gill demanded to control the kinds of questions he was being asked. Replying to Lord Gill,  Mr Carlaw said he would ask his own questions instead of ones suggested to him by the judge.

Several times during the hearing, the retired top judge demanded MSPs show a sign of trust in the judiciary by closing down the petition.

During the hearing Lord Gill also told MSPs Scotland should not be out of step with the rest of the UK on how judges’ interests are kept secret from the public.

Questioned on the matter of judicial recusals, Gill told MSPs he preferred court clerks should handle information on judicial interests rather than the details appearing in a publicly available register of interests.

Lord Gill also slammed the transparency of judicial appointments in the USA – after it was drawn to his attention judges in the United States are required to register their interests.

In angry exchanges, Lord Gill accused American judges of being elected by corporate and vested interests and said he did not want to see that here.

However, the situation is almost identical in Scotland where Scottish judges who refuse to disclose their interests, are elected by legal vested interests with hidden links to corporations.

After the hearing was over, Gill was branded ‘aggressive’ by the then Committee Convener over his evidence to MSPs.

On Thursday 29 June, the Public Petitions Committee at Holyrood will hear from Scotland’s current Lord President, Lord Carloway – who wrote to MSPs last November stating he was under the impression Holyrood had closed the petition.

Carloway later demanded the Committee provide him with a list of questions he was to be asked if he agreed to appear before the full Committee in public.

Since the exchanges last year, it has taken a further eight months to arrange Carloway’s appearance before MSPs next week.

The hearing at Holyrood with Lord Carloway comes in between a busy schedule for the Lord President – which saw Lord Carloway and many other members of the judiciary fly to various overseas destinations including a £4K public cash funded trip to the USA for the Lord President, and handing out judicial jobs including a £180K a year seat on the Court of Session bench to controversial former Lord Advocate Frank Mulholland.

Full list of Judicial Recusals from March 2014 to 12 June 2017

DATE COURT (TYPE OF ACTION) NAME REASON FOR RECUSAL

24.3.2014 Livingston Sheriff Court (Civil) Sheriff Edington Sheriff drew to the parties’ attention a possible difficulty, namely the wife of one of the other resident Sheriffs was the author of a report contained with the process. The Sheriff asked parties if they wished him to recuse himself. The defenders, having considered the issue,made a motion for the Sheriff to recuse himself, which he then did.

8.4.2014 Forfar Sheriff Court (Criminal) Sheriff Veal Sheriff personally known to a witness

10.4.2014 Selkirk Sheriff Court (Civil) Sheriff Paterson Sheriff had previously acted for a client in dispute against Pursuer

23.4.2014 High Court (Criminal) Lady Wise Senator had previously acted for a relative of accused

16.4.2014 Glasgow Sheriff Court (Criminal) Sheriff Cathcart Sheriff personally known to a witness

13.5.2014 Haddington Sheriff Court (Civil) Sheriff Braid Known to pursuer’s family

14.5.2014 High Court(Criminal Appeal) Judge MacIver Conflict of interest

20.5.2014 Court of Session (Civil) Lord Matthews Senator personally known to a witness

19.6.2014 Dingwall Sheriff Court (Criminal) Sheriff McPartlin Sheriff presided over a trial involving the accused, where the issue to which the new case relates was spoken to by a witness

20.6.2014 Elgin Sheriff Court (Criminal) Sheriff Raeburn QC Accused appeared before Sheriff as a witness in recent trial relating to same incident

24.6.2014 Glasgow Sheriff Court (Criminal) Sheriff Crozier Sheriff personally known to proprietor of premises libelled in the charge

26.6.2014 Court of Session (Civil) Lord President Relative of Senator acts for the respondent

27.8.2014 Court of Session (Civil) Lord Brailsford Senator personally known to husband of the pursuer

28.8.2014 Oban Sheriff Court (Civil & Criminal) Sheriff Small Sheriff personally known to a party

22.10.2014 Aberdeen Sheriff Court (Criminal) Sheriff Cowan Sheriff drew to parties’ attention that she was a member of the RSPB before commencement of a trial as the case involved an investigation carried out by the RSPB and many witnesses were RSPB officers. She invited parties to consider whether she should take the trial. The defenders, having considered the issue, made a motion for the Sheriff to recuse herself, which she then did.

8.12.2014 Alloa Sheriff Court (Civil) Sheriff Mackie Contemporaneous and overlapping proceedings comprising an appeal and a referral from the children’s hearing relating to children from the same family

16.12.2014 Court of Session (Civil) Lady Clark of Calton Senator personally known to parties of the action.

22.01.2015 Edinburgh Sheriff Court (Extradition) Sheriff MacIver Sheriff involved in case at earlier stage of procedure 30.01.2015 Dumfries Sheriff Court(Civil)Sheriff Jamieson Sheriff had previously dealt with the issue under dispute

06.02.2015 Greenock Sheriff Court (Civil) Sheriff Fleming Previous professional relationship between Sheriff’s former firm of solicitors and the defender

09.02.2015 Glasgow High Court (Criminal) Lady Scott Due to a previous ruling made by the Senator in relation to a separate indictment against the accused

10.02.2015 Court of Session (Civil) Lord Jones Due to a previous finding by the Senator in relation to an expert witness whose evidence is crucial to the pursuer’s case

13.03.2015 Aberdeen Sheriff Court (Criminal) Sheriff Cowan Accused known by the Sheriff as a regular observer of court proceedings from the public gallery

17.03.2015 Forfar Sheriff Court (Criminal) Sheriff Di Emidio Sheriff personally known to a witness

18.03.2015 Lerwick Sheriff Court (Criminal) Sheriff Mann Circumstances may give rise to a suggestion of bias

16.04.2015 Edinburgh Sheriff Court (Civil) Sheriff Arthurson QC Personally known to a party of the action

12.05.2015 Court of Session (Civil) Lord Boyd of Duncansby Senator was Lord Advocate when a successful prosecution was brought against one of the respondents

14.05.2015 Edinburgh Sheriff Court (Civil) Sheriff McColl Sheriff personally known to a party of the action

27.05.2015 Edinburgh Sheriff Court(Civil) Sheriff Crowe Sheriff had previously dealt a case in which the defender was a witness

29.05.2015 Glasgow Sheriff Court (FAI) Sheriff Principal Scott QC Sheriff Principal personally known to one of the deceased

04.06.2015 Court of Session (Civil) Lord Glennie Senator an acquaintance of a party to the action

04.06.2015 Court of Session (Civil) Lord Burns Previously acted as defence counsel in a criminal trial involving the pursuer.

24.07.2015 Edinburgh Sheriff Court (Criminal) Sheriff Maciver Sheriff personally known to a party in the case

11.08.2015 Banff Sheriff Court (Criminal) Sheriff Mann Sheriff personally known to a party of the action, having previously acted on behalf of the family while in private practice.

28.08.2015 Dundee Sheriff Court (Criminal) Sheriff Murray Sheriff personally known to a witness.

03.09.2015 Dumbarton Sheriff Court (Civil) Sheriff Turnbull Sheriff previously acted for a client in a dispute against the pursuer

04.09.2015 Edinburgh Sheriff Court (Civil) Sheriff Mackie Sheriff involved in a dispute against a party to the action

15.09.2015 Aberdeen Sheriff Court (Criminal) Sheriff Stirling Sheriff previously considered and refused issues which the accused wished to revisit

01.10.2015 Aberdeen Sheriff Court (Criminal) Sheriff Taylor Sheriff was privy to certain information which related to the accused’s credibility

08.10.2015 Lanark Sheriff Court (Criminal) Sheriff Stewart Accused made complaints against staff and sheriff

12.10.2015 Court of Session (Civil) Lady Clark of Calton Senator an acquaintance of a party to the action

20.10.2015 Inverness Sheriff Court (Civil)Sheriff Sutherland Personally known to a party of the action

20.10.2015 Glasgow Sheriff Court (Criminal) Sheriff Crozier Personally known to a director of accused company

12.11.2015 Court of Session (Civil) Lord Malcolm Senator acted as senior counsel for the defenders in a related action

18.11.2015 Court of Session (Civil) Lord Boyd of Duncansby Relatives of Senator involved in the action

26.11.2015 Inverness Sheriff Court (Civil) Sheriff Fleetwood Personally known to a party of the action

27.11.2015 Court of Session (Civil) Lady Paton Her Ladyship was on the bench in a criminal appeal against conviction by the pursuer

09.12.2015 Wick Sheriff Court (Criminal) Sheriff Berry Complainer personally known to resident sheriff

22.12.2015 Lanark Sheriff Court (Civil) Sheriff Stewart Personally known to both parties of the action

26/01/2016 Court of Session Lord Uist Judge dealt with same issue and same witnesses in a case being appealed

27/01/2016 Dumbarton Sheriff Court (civil) Sheriff Gallacher On the Pursuer’s motion in relation to a decision in a preliminary hearing

09/02/2016 Elgin Sheriff Court (criminal) Sheriff Pasportnikov Sheriff previously presided over related case

10/02/2016 Elgin Sheriff Court (criminal) Sheriff Pasportnikov Sheriff previously presided over criminal matter involving complainter

24/02/2016 Glasgow Sheriff Court (civil) Sheriff Reid Sheriff personally known to a witness

18/03/2106 Edinburgh Sheriff Court (civil) Sheriff Ross Sheriff previously presided over criminal matter involving appellant

18/03/2016 Aberdeen Sherirff Court (criminal) Sheriff Stirling Sheriff previously presided over civil matter involving accused

25/04/2016 Ayr Sheriff Court (civil) Sheriff Montgomery Sheriff previously acted for defender as a solicitor

03/05/2016 Lanark Sheriff Court (criminal) Sheriff Stewart Complainer previously represented by Sheriff’s husband

20/05/2016 Court of Session Lord Bracadale On the pursuer’s motion in relation to the judge’s previous decision to refuse the pursuer’s appeal at a procedural hearing

22/06/2016 Perth Sheriff Court (civil) Sheriff Clapham Pursuer known to sheriff

09/08/2016 Dunoon Sheriff Court (civil) Sheriff Ward Sheriff personally known to a witness

19/08/2016 Greenock Sheriff Court (criminal) Sheriff Ward Accused known to sheriff from Sheriff’s time in private practice

23/08/2016 Aberdeen Sheriff Court (criminal) Sheriff Stirling Sheriff Stirling found against the accused company in a civil matter and wrote on same

13/09/2016 Court of Session Lord Pentland The Lord Ordinary previously acted for the first named defender

25/10/2016 Court of Session Lord Brailsford A close relative is employed by one of the parties involved in the case

10/11/2016 Kilmarnock Sheriff Court (criminal) Sheriff Foran Sheriff personally known to a witness

17/11/2016 Dumfries Sheriff Court (civil) Sheriff Jamieson Sheriff previously presided over a related civil proof in another case in which parties were witnesses

18/11/2016 Court of Session (civil) Lord Glennie Earlier decision on a related issue might reasonably be thought to influence any decision in the present case

30/11/2016 Perth Sheriff Court (civil) Sheriff McFarlane Sheriff acted for pursuers when practising as a solicitor

30/01/2017 Edinburgh Sheriff Court (criminal) Sheriff Crowe Sheriff previously presided over criminal matter involving accused, which might reasonably be thought to influence any decision in the present case

13/02/2017 Portree Sheriff Court (civil) Sheriff Taylor QC Sheriff previously dealt with a criminal case involving parties

23/02/2017 Inverness Sheriff Court (civil) Sheriff Fleetwood Sheriff presided over a jury trial involving parties

29/03/2017 Perth Sheriff Court (civil) Sheriff Wade QC The sheriff, in her previous role as advocate depute, was heavily involved in preparing the prosecution of one of the parties in the action

06/04/2017 Kilmarnock Sheriff Court (civil) Sheriff Foran A witness was a former client of the sheriff in previous role in private practice

04/05/2017 Elgin Sheriff Court (criminal) Sheriff Pasportnikov Previous knowledge of the parties through a Children’s Hearing matter

16/05/2017 Banff Sheriff Court (criminal) Sheriff Mann Sheriff personally known to relatives of the accused

12/06/2017 Glasgow Sheriff Court (civil) Sheriff Platt Sheriff personally known to a witness

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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GONE KREMLIN: Chair of Scottish Police Authority resigns, lingers in office ‘until replacement found’ for discredited Police watchdog – focus now moves to ‘collective amnesia’ board who failed to support transparency crusading colleague

Scottish police board chief Andrew Flanagan resigns. A SCANDAL involving poor governance and accusations of secrecy at the Scottish Police Authority (SPA) has finally led to the resignation of  the Police watchdog’s embattled Chairman – after a series of bruising encounters before two Scottish Parliament committees.

Andrew Flanagan, who was appointed Chair of the Scottish Police Authority in 2015 – announced his decision to resign from the role earlier this week on Wednesday, citing recent media and Parliamentary attention on his disagreement with a former board member and perceptions around SPA transparency.

The statement, issued by the SPA said Mr Flanagan has concluded that debate on these issues risks distracting policing from important work underway on strategy and finance and that it is in the best interests of policing in Scotland that he stand down.

In his resignation letter to the Cabinet Secretary for Justice, Mr Flanagan offered to continue in post until a successor is appointed by Scottish Ministers, and to ensure there is no delay in implementing the Policing 2026 strategy and underpinning financial deficit reduction plans.

Mr Flanagan said: “Recent events have focussed on my disagreement with a board member and perceptions of a wider lack of transparency in the SPA. I have apologised to the former board member and put in place changes to the governance processes of the SPA. There are many serious challenges faced by policing in Scotland, but the continued media and Parliamentary debate on these issues risks coming a prolonged distraction.

“With a strategic direction for the service well in train and the right mix of leadership in Police Scotland to deliver it, I do not wish the ongoing debate to get in the way as we move into the implementation phase. I have therefore taken the decision that it would be in the best interests of policing if I were to step down from my role as Chair of the SPA.

“The next few months will involve an intensive period of work to develop implementation plans and effective governance structures to manage and oversee the transformation programme. To avoid any hiatus or delay, I have indicated to the Cabinet Secretary that I would be willing to stay on until he appoints a successor and to ensure an orderly handover.

“I take pride in being a part of this chapter of policing history in Scotland, and for the personal successes I have had since taking up the role in 2015 – in particular shaping a long-term strategy for Police Scotland, recruiting a new Chief Constable and senior leadership team, and setting a clear direction for bringing financial sustainability.

“As a result, I am confident that the single police service in Scotland now has a solid platform from which to build an even better service for the people of Scotland. I hope that is a position on which we can build both consensus and momentum.”

The full text of Andrew Flanagan’s resignation letter to Justice Secretary Michael Matheson is as follows:

Since taking up my role as Chair of the Scottish Police Authority (SPA) in 2015, I have made significant progress on a number of fronts. These successes include creating a long-term strategy for Police Scotland, recruiting a new Chief Constable and re-shaping the senior team at Police Scotland, determining the financial position and setting a clear direction for bringing financial sustainability and significantly improving policing’s engagement at community and local level. I have also reshaped the SPA board ensuring we have a much-improved mix of skills to address the challenges policing has faced. The improvements to the governance of C3 and the full recovery of the monies spent on I6 are further examples of progress and I am pleased to say we have avoided similar controversies to those which arose in the early years of the SPA and Police Scotland.

Notwithstanding these successes, recent events have focussed on my disagreement with a board member and concerns that by discussing with the Board issues raised by HMICS rather than copying his letter this was indicative of a wider lack of transparency, which of course is not the case. To remedy these issues, I have apologised to the former board member and put in place changes to the governance processes of the SPA to ensure there can be no perception of a lack of openness. Despite the limited nature of these matters and at a time when serious challenges are faced by policing in Scotland, there has been prolonged and continued debate in the media and in Parliament. This is not helpful to the SPA or policing more generally and is proving a distraction to the important work we are undertaking.

Last week, I submitted to you the final version of our 10 year strategy, Policing 2026, for your consideration and agreement. We have also recently finalised the senior team at Police Scotland with the appointments of the Finance and HR Directors. With these two important elements in place I do not wish the ongoing debate to get in the way as we move into implementation of the strategy and take the necessary steps to reduce the deficit. In addition, the debate has become quite personalised and has impacted on me and my family. This is not something that I wish to endure further. I have therefore taken the decision that it would be in the best interests of policing if I were to step down from my role as Chair of the SPA.

The next few months will involve an intensive period of work to develop the implementation plans and associated investment and financing plans. Further, we need to build project management capability and the governance structures to manage and oversee the transformation programme. Delivery of the initial cost reductions to meet the deficit reduction targets is also required. To avoid a hiatus or delay I would be willing to continue as Chair until you find a successor and we can have an orderly hand-over.

I would like to place on record my thanks to my Board for their support over the last few weeks. I would also like to take the opportunity to thank you for your support during my time as Chair. I am confident that policing now has a solid platform from which to build an even better service and that the benefits of delivering on the aims of a single service are achievable.

In response to Mr Flanagan’s carefully arranged resignation letter, strikingly offered just over a week from a general election, Justice Secretary Michael Matheson issued a letter to the Scottish Parliament’s Public Audit and Post Legislative Scrutiny Committee, and the Justice Committee confirming the SPA Chair’s resignation.

The text of Justice Secretary Michael Matheson letter to both Scottish Parliament committees, in full:

Dear Acting Convener and Convener,

I am writing in response to letters regarding the Scottish Police Authority from the Public Audit and Post-Legislative Scrutiny Committee (12 May and 7 June 2017) and Justice Sub­committee on Policing (25 May 2017).

A key issue raised by both Committees is the position of the Chair of the SPA. I have been advised by the Chair that he is announcing today that he plans to step down from his role once a successor is appointed. I am grateful to Andrew for his contribution to policing and the significant progress that has been made in establishing the future direction of policing. However I understand and accept his reasons for stepping down and welcome his commitment to providing continuity until a successor is appointed. That process will start as soon as possible. Continuity will be important over the coming months as SPA is in the process of finalising the Policing 2026 strategy and putting implementation plans in place. It would not be in anyone’s interest for SPA to be without a Chair during this period.

As you are both aware, the SPA has already set out a number of planned changes relating to transparency and openness which I know the Committees will welcome. For example, the SPA Board has agreed to hold its Committees in public while recognising – in line with On Board – the need to hold some items in private; papers are now published on the SPA website in advance of meetings; and all formal correspondence from HMICS and Audit Scotland will now be circulated to all Board members as a matter of routine.

A number of the issues raised by the Committees will also be further explored as part of the inspection by HMICS to assess openness and transparency in the way that the SPA conducts its business. As you are aware, HMICS agreed to bring forward this part of their review at my request. It is due to report to Parliament on 22 June and I am sure we all await this report with interest.

In addition to this, I have also announced a review of the ways in which the SPA Board can be better supported to deliver its statutory functions – including:

• how the executive of SPA works with Police Scotland to collectively provide the information required to support the Board take informed, transparent decisions in the context of the guidance set out in “On Board: A guide for Members of Statutory Boards;

• how the arrangements for engaging stakeholders in the work of the Authority can be strengthened;

• the staffing and operating structure that fulfils the aim of providing the most effective support to the Board;

• areas where processes could be improved.

It will be jointly led by the SPA deputy chair Nicola Marchant and Comhairle nan Eilean Siar Chief Executive Malcolm Burr who will provide an independent perspective..

Your respective correspondences also highlighted some detailed points which I will now address.

Steps to ensure Board members understand the practical implications of the On Board guidance

As the PAPLS Committee heard in evidence from members of the SPA Board, those appointed to public bodies receive a copy of On Board as part of their induction. Since 2016, the Scottish Government has implemented a corporate induction for new Board members to support them as they step into their roles. This provides an opportunity for Board members – through networking and inputs from a range of speakers – to explore the practical implications of the On Board guidance. This is part of a rolling programme of networking and peer-learning activities for those involved in public body governance around topics related to On Board, including events for Chairs and development days for Board members. On Board is clear that part of the role of a Board member is to question and, as necessary, challenge proposals made by other Board members.

Information flows between Police Scotland and SPA

My reading of the evidence provided by Mr Graham to PAPLS was that he viewed these as much improved from the position he experienced in his early days on the Board. Again, my first-hand experience is that relationships are much improved and the challenge now will be to ensure that continues. Nevertheless, I am sure there is always scope for further improvement in this area.

The extent to which Scottish Government has prior knowledge of SPA meetings and papers As highlighted by officials in evidence to the PAPLS Committee, the Scottish Government is responsible for the policy and legislative framework for policing and Safer Communities Directorate is the sponsoring directorate, meaning that they have a proper and legitimate interest in SPA’s work. Issues discussed at the Board frequently result in the Scottish Government being asked to comment publically on the substance of the matter. Early sight of papers is therefore of value in the work that officials do in supporting Ministers. I would, however, refute any suggestion that the Scottish Government is using this information to control or dictate the agendas for SPA meetings. Indeed, my view is that the evidence presented to the PAPLS Committee on this point was noticeably lacking in detail and substance.

The number of days worked by Board members

In terms of effective scrutiny and best value, there is a balance to be struck between time and cost. Although the guidance is for a maximum of 5 days a month, there is flexibility at the discretion of the Chair to go beyond this upper limit if there is good reason to do so. I view this as a reasonable approach.

The need to improve diversity on Boards

I agree that there is a need to improve diversity on Boards and Scottish Government is taking positive action to ensure that public appointments are accessible and attractive to the broadest range of talent across Scotland. We have, for example, made notable success in redressing the gender imbalance in recent years with, overall, 45% of our Board positions now held by women. I wrote to the Chair of the SPA on 26 April asking him to consider taking forward activities that would support a diverse range of future potential Board members, including for example co-opting people onto Committees.

Information on the process for the appraisal of the SPA Chair

Guidance for the appraisal of Chairs and Board members is set out in the attached link: http://www.gov.scot/Publications/2017/02/6844. Given the significance of the SPA as a public body, the Chair’s assessment is carried out by DG Learning and Justice. The Chair’s high level objectives for the current year are:

• LEADERSHIP / GOVERNANCE: Drive forward the SPA to become an effective, high performing public body.

• STRATEGY / DELIVERY: Work in partnership with Police Scotland to maintain momentum on the 2026 strategy to develop – and then deliver against – the final strategy, implementation plan and financial plans.

• RELATIONSHIPS / REPUTATION: Establish good relationships which enhance the reputation of the Scottish Police Authority and improve outcomes for the people of Scotland.

• FINANCE / FINANCIAL RESILIENCE: Ensure that the Accountable Officer and Police Scotland are held effectively to account for enhancing the financial capability, capacity and leadership with a strong strategic approach to financial planning.

Within Leadership / Governance, progress I expect to see includes an effective review of the SPA corporate governance framework, taking account of the feedback received, and making demonstrable progress towards the commitment of 50:50 by 2020.

Information requests to SPA by Ms AH

Scottish Government officials have been encouraging (and continue to encourage) SPA to be as helpful as they can be in dealing with Ms Ali’s requests for information. Ultimately, SPA has the responsibility to respond in a way that is consistent with the appropriate legislation and agreed processes.

Conclusion

I believe I have addressed all of the issues raised by the committees and, as noted above, we await the conclusions of HMICS’ initial work on governance and transparency issues, scheduled for publication on 22 June.

Copies of this response have been sent to – Andrew Flanagan, SPA Chair; John Foley, SPA Chief Executive; Derek Penman FIMICS; Paul Johnstone, Scottish Government DG Learning and Justice; and Margaret Mitchell, convener of the Justice Committee.

The review – referred to by Andrew Flanagan and the JUstice Secretary, is to be jointly led by Nicola Marchant – appointed as deputy chairwoman by the current board which includes Andrew Flanagan, and Malcolm Burr, chief executive of Comhairle nan Eilean Siar.

It will report back to Mr Matheson in the autumn.

Speaking to the media Mary Fee, convener of the justice sub-committee which was the first to declare it had no confidence in Mr Flanagan’s leadership, said “openness and transparency have decreased during his time as chair of the SPA”.

She said: “We should view this as an opportunity to work proactively with the SPA to put in place a chair who will lead the board in an open, transparent manner and take the SPA forward.”

Jackie Baillie, acting convener of the public audit committee which led much of the questioning, said there had been “serious concerns” about Mr Flangan’s leadership.

She said: “With the announcement of his resignation today, we hope the SPA will now head in the right direction and put an end to its culture of secrecy. This is desperately needed in order to restore public confidence.”

Mr Flanagan’s resignation was welcomed by political parties, with Scottish Conservative leader Ruth Davidson saying the move was “needed to allow the correct focus on oversight and delivery”.

Labour’s justice spokeswoman Claire Baker said it “must only be the start of the complete overhaul that is needed at the top of the SPA”.

Green MSP John Finnie said Mr Flanagan “should have resigned weeks ago”, while Lib Dem Liam McArthur said “serious damage has already been done to the reputation of the organisation”.

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

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

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

Scottish Police Authority 15 December 2016 meeting Governance framework discussion

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SLOW SECRETARY: Justice Secretary Michael Matheson was criticised for lack of action in Police watchdog governance crisis

Justice Secretary Michael Matheson ducked out of taking immediate action on tackling the leadership & governance crisis at the Scottish Police Authority (SPA) – despite calls from across the political spectrum to act on restoring faith at the discredited regulator of Police Scotland.

During ‘Topical Questions’ at the Scottish Parliament on Tuesday 30 May 2017, MSPs from all parties called for a resolution to the crisis at the Police Regulator, and Andrew Flanagan’s refusal to step aside.

In response, Justice Secretary Michael Matheson said he was “conscious of the issues” and promised to consider the reports sent to him by the committees.

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

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

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

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

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

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

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

A full report on MSPs questions to Justice Secretary Michael Matheson can be viewed here: Justice Secretary dodges call to fire Chair of discredited Scottish Police Authority – as cross party MSPs say Andrew Flanagan’s position is untenable, and crisis will impact on diversity, recruitment & transparency at public bodies

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

 

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SECRETS, M’LORD: The QC, the footballer and the Lord Advocate who blocked a rape prosecution – and was later appointed as a judge by Lord President Lord Carloway

Crown Office refuse to release discussions on blocked rape case. A LORD ADVOCATE who aligned himself with rape awareness groups & Scotland’s current top judge to demand politicians remove a miscarriage of justice safeguard from the legal system – blocked the prosecution of a footballer for rape after contact with the accused’s QC.

Former Lord Advocate Frank Mulholland was in charge of the Crown Office & Procurator Fiscal Service (COPFS) as Scotland’s top prosecutor at the time allegations of rape were raised against footballer David Goodwillie by victim Denise Clair in January 2011.

As Lord Advocate, Mulholland held the last say in authorising a prosecution or deciding to block further action.

The Crown Office decided not to prosecute David Goodwillie and his co- accused, David Robertson – a decision which occurred after contact between Paul McBride QC & the Crown Office – and according to sources – Mulholland.

The revelation of contact between Goodwillie’s lawyer – Paul McBride QC and prosecutors – came following a Freedom of Information request by the Sunday Mail newspaper, in which the Crown Office confirmed contact took place.

The Sunday Mail featured a report on the Crown’s decision to withhold details of communications between McBride and the Crown Office.

Mystery calls between rapist footballer David Goodwillie’s lawyer and court bosses revealed

The Crown Office said: “We do hold some records of telephone discussion between the late Paul McBride and staff at Crown Office”

However, officials at the £113m a year Crown Office refused to release further details on the conversations with the now deceased Paul McBride, stating to do so “would inhibit legal opinions or advice expressed in future”.

Denise fought a five-year battle for justice which this year saw the Court of Session rule she had been raped by footballers Goodwillie and co-accused David Robertson.

The 30-year-old originally sought £500,000 in compensation, but damages were later agreed at £100,000 in the civil action at the Court of Session in Edinburgh.

In late January, Lord Armstrong ruled Goodwillie – the former Scotland international footballer and his ex-teammate David Robertson were rapists.

The judge ordered Goodwillie & Robertson to pay £100,000 damages in what was the first civil rape case of its kind in Scotland – coming after Mulholland blocked all attempts to charge Goodwillie & Robertson who would have had to face a criminal trial if the prosecution had not been blocked by the then Lord Advocate.

As of date of publication of this article, Goodwillie is appealing the ruling.

The mother-of-one maintained she was incapable of giving free agreement to sex because of her alcohol consumption, but Goodwillie, 27, who now plays with Plymouth Argyle, and Robertson claimed the incident had been consensual.

Lord Armstrong, said: “Having carefully examined and scrutinised the whole evidence in the case, I find the evidence of the pursuer (the woman) to be cogent, persuasive and compelling.”

Lord Armstrong said: “In the result, therefore, I find that in the early hours of Sunday 2 January 2011, at the flat in Greig Crescent, Armadale, both defenders (the footballers) took advantage of the pursuer when she was vulnerable through an excessive intake of alcohol and, because her cognitive functioning and decision-making processes were so impaired, was incapable of giving meaningful consent; and that they each raped her.”

The judge said he found neither Goodwillie – who also played for Aberdeen and Blackburn Rovers – or Robertson to be credible or reliable on the issue of whether they had a reasonable or honest belief that she was consenting.

He rejected evidence relied on by the players that Ms Clair was not particularly affected by alcohol and was no more drunk than anyone else in the company they had been in that night.

Lord Armstrong said that prior to the incident the victim – Ms Clair – had enjoyed life, but her life changed following the decision not to proceed with a prosecution.

Lord Armstrong said: “She found that decision difficult to understand and had felt that she had not been believed.”

The judge added: “She felt that her life had been destroyed by something which had happened although, because of her lack of memory, she was not fully aware of what it was that had caused that effect.”

The Crown Office said it stood by its previous decision not to prosecute the footballers – a decision taken during the tenure of Frank Mulholland as Lord Advocate – which is now subject to calls for a full inquiry.

A Crown Office spokesman who refused to be identified said: “As Lord Armstrong stated in his judgement, the standard of proof to be satisfied was that of the balance of probabilities which is a less onerous requirement than the standard in criminal cases, which is beyond reasonable doubt.

“Further, there is no requirement of corroboration in civil cases unlike in criminal cases.

“This case was looked at very carefully by Crown counsel who concluded that there was insufficient evidence in law to raise criminal proceedings. As a result no proceedings were instructed.”

Lord Mulholland now sits on the bench of the Court of Session after having been made a judge by by anti-corroboration co-campaigner Lord Carloway – Scotland’s current Lord President & Lord Justice General.

Lord Mulholland as he is now known – blocked a prosecution of Goodwillie and his co-accused David Robertson for rape – after he gave evidence at Holyrood in November 2013 – demanding msps on the Scottish Parliament’s Justice Committee agree to his plans to scrap corroboration – a safeguard against injustice – which Mulholland ironically claimed blocked the prosecution of rape cases.

Video footage of Frank Mulholland’s evidence to MSPs urging they repeal corroboration – to enable him to prosecute rape offenders, can be viewed here:

Lord Advocate Frank Mulholland evidence to MSPs on removal of corroboration from Scot’s Law – Scottish Parliament Justice Committee 20 November 2013

Mulholland also blocked criminal charges against the driver of the Glasgow bin lorry which ran out of control in December 2014 killing six people in the centre of Glasgow while injuring 15 others.

Lord Mulholland recently featured in an investigation into judicial use of taxpayers cash to find overseas trips & junkets. Mulholland took a £1,200 trip to the European Court in Luxembourg for three days funded by public cash.

TAX FIDDLE DEAL DEATH – Frank Mulholland’s Crown Office headline appetite for VAT tax carousel case ended in death of top QC:

A case disastrously gone wrong for the headline craving Crown Office under Lord Advocate Frank Mulholland – was a secret deal to bring back alleged tax cheat Imran Hussain from Pakistan.

To this day, Mr Hussain stands accused of a £300million VAT Carousel Fraud.

A media investigation coupled with Freedom of Information probes revealed secret discussions had taken place between Paul McBride QC and Mulholland’s Crown Office – over a move which would have seen the then Lord Advocate grab credit for prosecuting and convicting what is thought to be Scotland’s highest ever value fraud case.

In a Freedom of Information response, the Crown Office admitted to holding one ‘single email’, in which McBride had made contact with Lindsay Miller – who was the then head of the Serious Organised Crime Division in the Crown Office.

It was the same Lindsay Miller who responded to the FOI requests from journalists.

Commenting on Lindsay Miller’s response to the FOI request, a COPFS review undertaken by Gertie Wallace, the head of the Criminal Justice and Disclosure Team at the time said:

“In the reply from Lindsey Miller, Head of Serious and Organised Crime Division on 4 May you were advised that information held by COPFS was contained in one email indicating Mr McBride made contact with the Head of the Serious Organised Crime Division in COPFS on 16 January 2012 regarding a Mr Hussein.”

“The reference to Mr McBride’s contact with Mrs Miller is contained in an email between COPFS and Crown Prosecution Service dated 16 January 2012. There is no further information held by COPFS regarding contact between the late Mr McBride and COPFS regarding his client Mr Hussein.”

“I understand that information held about Mr McBride’s contact with Mrs Miller about Mr Hussein has also been provided to you following your request for information dated 6 June seeking documents and discussions on correspondence between Crown Office and Crown Prosecution Service between Paul McBride and COPFS, to which you have now received a reply dated 14 June from Mrs Miller.”

A Sunday Mail investigation uncovered deal between Crown Office & McBride to bring tax cheat back to Scotland:

DEAL ME IM: £300m tax dodge fugitive launches bid to return to Scotland

Imran “Immy” Hussain, 34, has been on the run from HMRC investigators for eleven years over a VAT scam in which he allegedly stole £300million from UK taxpayers.

It is understood that top QC Paul McBride, 47, met fugitive Hussain during the trip to Pakistan where he died in March 2012.

Prior to McBride flying to Pakistan, he met and discussed the case with Crown Office staff including Mulholland.

However, the secret between the Crown Office, McBride and involvement of the Inland Revenue went wrong – after McBride died of a heart attack while in Pakistan to meet Immy Hussain to discuss a secret deal allegedly involving a trial and what the Crown may ask for on sentencing.

Media reports at the time in 2012 quoted a friend of Mr Hussain, saying “He wants to come home – but not to spend 20 years in a cell.”

“His preferred outcome [believed to have been the deal on the table from COPFS] would be to hand over a large amount of his money and do a light sentence – that way, the authorities could say justice has been done and point to the cash seizure as a success.”

It was also reported at the time – McBride told a friend that he was going to Lahore to meet a wealthy client wanted for a major fraud in the UK.

Legal sources and friends of the lawyer, who was found dead in his room at the Pearl Continental Hotel, believe he met Hussain.

McBride travelled to Pakistan with solicitor Aamer Anwar – who said the lawyers attended a wedding during their stay.

Hussain had been living the high-life in Dubai, where he owned two luxury houses, a fleet of cars and a yacht. He also travelled to Europe by private jet.

He spent fortunes on wild parties and thought nothing of buying Rolex watches for his pals.

But he was forced to leave the desert kingdom when HMRC investigators were sent to track him down.

Hussain, from Newton Mearns, Glasgow, had already been in contact with HMRC about a possible deal.

Sources have described communication between Hussain and HMRC as “very sensitive”.

One legal source said: “Paul was in Pakistan in his professional capacity as an advocate.

“He was there to meet a Scottish Asian who is wanted for VAT fraud and wants to come back to Scotland.

“His contacts at the Crown Office were at the highest level and he operated and negotiated at such a level.”

Another associate of Hussain said: “Things got a lot more difficult for him when he had to leave Dubai. He realised that HMRC weren’t going to give up on him and he has now been in Pakistan for the last couple of years.”

Hussain is suspected of heading a Europe-wide operation who set up hundreds of bogus firms linked to VAT fraud, also known as carousel fraud. Gangs claim back VAT on goods they say were imported and then exported.

But the goods – usually small but high-value items such as computer chips and mobile phones – never existed.

In an astonishing turn of events caused by the death in Pakistan of Paul McBride – while he was there at the behest of the Lord Advocate – Frank Mulholland and many others from the world of politics including First Minister Alex Salmond, and figures from the legal establishment attended Paul McBride’s funeral held at (name the church) in wherever during the year.

Previous articles on the Crown Office and Lord Advocate Mulholland’s exit from COPFS,  can be found here: PASS THE CROWN: As one Lord Advocate exits, another is set to take charge of Scotland’s ‘institutionally corrupt’ Crown Office & Procurator Fiscal Service

For previous articles on the Crown Office, read more here: Scotland’s Crown Office – in Crown detail

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Topical Question Time: Scottish Police Authority (Meetings)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“He certainly does not hold my confidence.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Introduction

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

Committee consideration

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

• to hold committee meetings in private;

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

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

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

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

Conclusions

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

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

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

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

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

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

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

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

Openness, transparency and accountability

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

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

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

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

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

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

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

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

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

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

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

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

Correspondence from HMICS

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

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

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

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

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

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

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

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

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

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

The operation of the SPA board

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

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

Treatment of Moi Ali

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

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

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

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

Dissent

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

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

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

Relationship with SPA board members

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

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

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

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

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

Going forward

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

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

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

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

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

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

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

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

Scottish Police Authority 15 December 2016 meeting Governance framework discussion

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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EXCESS BAGGAGE: Lord Carloway’s £4K trip to Washington DC, Lady Dorrian’s £6K trip to Melbourne – Judicial overseas junkets rocket to £43k as new Lord President abandons Brian Gill’s edict on public cash for judicial jollies

Scots judges run up £43K taxpayer bill for overseas junkets. SCOTLAND’S judiciary ran up a taxpayer funded £43K bill on overseas travel junkets in just one year, travelling around the globe on what the Judiciary of Scotland and Scottish Courts and Tribunals Service (SCTS) claim is official ‘judicial’ business.

But the huge increase in judicial jetting around the globe – which doubled in cost from £22,605.92 in 2015.16 to £43,354,91 in 2016/17 – flouts previous attempts by former top judge Brian Gill to “take control” of judges demanding to go on foreign trips to luxurious destinations, with hotels & golf clubs & ‘hospitality’ added to the mix.

And, chief among the big time spenders of public cash on air miles is the Lord President himself – Lord Carloway – who already earns a public salary of £222,862 a year.

Carloway – real name Colin Sutherland – who also goes by the title of Lord Justice General – took a taxpayer funded £4,189.96 jet flight to Washington DC on what the Judicial Office claim is a “UK/USA Legal Exchange” held in Philadelphia and Washington.

While his number two – Lady Dorrian – Scotland;s first ever female judge serving as Lord Justice Clerk earning £215,216 a year – racked up the most expensive flight on taxpayers in the past year – a £6,188.99 trip to attend the Commonwealth Law Conference held in Melbourne Australia.

Also added to the grand list of judicial jet setting across the globe by Scotland’s judiciary is a double overseas junket taken by Lord Matthews and Sheriff Norman McFadyen – who were travelling to the ISRCL – Halifax, Nova Scotia legal seminar in Canada.

Lord Matthews – a Court of Session Senator claimed £4017 costs for the trip, compared with Sheriff McFadyen’s £1842 bill to the public purse.

An investigation of this trip revealed Lord Matthews travelled in a separate business class seat compared with the Sheriff who was forced to fly premium economy class.

The trip by Lord Matthews & Sheriff McFadyen also breached judiciary guidelines on overseas travel issued in 2014 by Lord Brian Gill – which said, as a “general rule”, only one judge or sheriff need attend each conference.

Former Lord Advocate Frank Mulholland also appears on the list of travel junkets by Scottish Judges.

Mulholland was promoted by Lord Carloway to a seat on the bench in the Court of Session – after he blocked a criminal prosecution of footballer David Goodwillie for rape.

Mulholland also blocked criminal charges against the driver of the Glasgow bin lorry which ran out of control in December 2014 killing six people in the centre of Glasgow while injuring 15 others.

Lord Mulholland, as he is now known – took a two day trip on the taxpayer to the European Court of Justice meeting on the 18 – 20 Sept 2016 in Luxembourg, at a staggering cost of £1,216.34

Previous investigations into Overseas travel records released by the Judicial Office for Scotland have also revealed Court of Session judge Lord Brailsford enjoyed a £4,898.94 eight day taxpayer funded junket to Sydney Australia from 11 – 19 November 2015.

Lord Brailsford – who became widely known after his son escaped criminal charges for ‘rape & murder’ threats to a girl on twitterwas outed in published documents obtained from the Scottish Government as the listed owner of the Laigh Hall – which forms part of Court of Session buildings located at Parliament House, Edinburgh.

Earlier reports also revealed Lord Gill enjoyed a two day trip during the twilight days of his short, if stormy three year term as Scotland’s top judge – to the Forum of Chief Justice of British Isles – held in the tax haven of Jersey. Lord Gill claimed £302.09 expenses on top of the £231.60  cost of travel to Jersey – taking the cost of his last ‘confirmed’ judicial overseas junket as top judge – to £533.69.

A Scottish Sun investigation revealed Lord Brian Gill travelled to Qatar in 2014 on a five day £2,800 taxpayer funded state visit – while dodging invitations to attend the Scottish Parliament to face scrutiny on his opposition to increased transparency of the judiciary.

And in early 2016,  Lord Gill billed the Scottish Parliament a further £267.75 worth of expenses claims – after the former top judge travelled 1st class to Edinburgh in November 2015 – demanding MSPs drop a three year probe on proposals to create a register of judicial interests as called for in Petition PE1458: Register of Interests for members of Scotland’s judiciary.

The Sunday Mail newspaper also investigated judicial overseas junkets in 2015 – revealing three sheriffs spent £15,000 on an overseas junket to Zambia in Africa JUDGE JET: Sheriffs’ £15K tour of Africa adds to air miles racket of Scots judiciary – as top judges’ clampdown on judicial jet set junkets takes flight.

And a report in the Sunday Mail on June 2 2013 revealed Scottish judges spent over £83,000 on overseas travel junkets in three years – while top judge Lord Gill refused calls to appear before the Scottish Parliament to answer questions on the judiciary’s secretive financial interests & links to big business, banks & the professions.

The Sunday Mail featured an exclusive report on judicial air travel:

PLANE DAFT: It’s plane daft as judge costs taxpayers £2175 more than sheriff who flew on same flight to conference

Lord Matthews was travelling to the same legal seminar in Canada but racked up a huge bill in first class while Sheriff Norman McFadyen went economy.

By Craig McDonald 14 MAY 2017 Sunday Mail

A judge ran up a £4000 taxpayers’ bill flying business class to a conference – while a sheriff who accompanied him sat in economy.

Judge Lord Matthews and Sheriff Norman McFadyen were travelling to the same legal seminar in Canada.

But Matthews claimed £4017 costs for the trip, compared with McFadyen’s £1842 bill to the public purse.

High Court judge Lord Matthews also filed £201 in expenses for the excursion to Halifax, Nova Scotia, last year.

Sheriff McFadyen, who sits at Edinburgh Sheriff Court, claimed no cash back.

The trip also appeared to breach judiciary guidelines issued in 2014 which said, as a “general rule”, only one judge or sheriff need attend each conference.

Another trip saw five High Court judges – Lords Brodie, Glennie, Doherty, Pentland and Lady Scott – attend a Strasbourg conference at a total cost of £4378.

It also cost £1408 to send four sheriffs – Corke, Reith, Mackie and Stewart – to a conference in Dublin.

The taxpayer coughed up £43,354 for foreign travel by the judiciary office last year. The figure was double the total of £22,605 in 2015.

Labour’s justice spokeswoman Claire Baker MSP said: “Questions should be asked about why one person is travelling at twice the cost of another.

“There will be legitimate reasons why the judiciary require to attend international events.

“However, this is an overall significant increase on the previous year and they need to be mindful that this is public money. All trips need to be proportionate.”

Scottish Tory justice spokesman Douglas Ross MSP said: “This is a huge increase in travel costs and needs to be explained.

“When guidelines state that one judicial member should be sufficient for each event, it’s questionable why so many have been travelling together.

“This is taxpayers’ money and shouldn’t be splashed out on needless flights.”

The judge and sheriff were attending the International Society for the Reform of Criminal Law seminar between July 24 and 28 last year.

In 2014, the then Lord President, Lord Gill, issued guidance on overseas travel in which he stated “it should only be necessary for one judicial office holder to attend a conference overseas”.

Lord Gill said it would only “be in exceptional cases that I am likely to consider it necessary for more than one person to attend”. He added: “In all cases where funding is being sought, I will require a business case to be produced.

“I will need a clear justification for any overseas travel.”

Figures for judicial travel for the 12 months to March 31 showed a total of 38 trips were made overseas.

The biggest single claim was for a £6188 trip to Australia by Lady Dorrian to attend the Commonwealth Law conference in Melbourne.

The least expensive was when Lord Tyre managed an Academy of European Law trip to Frankfurt at a cost of just £84. The High Court judge did claim a further £57 in expenses for the trip last April.

Lord Tyre also attended events in Brussels, The Hague, Amsterdam, Barcelona, Warsaw, Madrid and Rome.

One of the most widely travelled of the judiciary last year was Edinburgh Sheriff Gordon Liddle.

He attended the Commonwealth Magistrates’ and Judges’ Association in Georgetown, Guyana, at a cost of £3637 and a European Network of Councils for Justiciary event in Warsaw, Poland, costing £607.

Sheriff Liddle also attended events in Ljubljana, Slovenia, costing £383 and in Bratislava, Slovakia, costing £285.

A spokesman for the Judicial Office for Scotland said last week: “There will be occasions where it is appropriate to send more than one member of the judiciary to important legal conferences.

“Attendance at overseas conferences is only authorised by the Lord President where there is a clear justification.”

He added: “Lord Matthews flew business class, while Sheriff McFadyen flew premium economy/economy, which goes some way to explaining the difference in cost.

“Furthermore, Lord Matthews’ flights required to be booked closer to the date of departure as he was presiding over a trial.”

JUDICIAL JUNKETS – Judges cost taxpayers £43K in flights to ‘legal’ conferences, hotels with health spas, golf courses & hospitality in 2016/17:

The full list of Overseas trips for 2016-2017 currently acknowledged by the Judicial Office for Scotland:

10 – 12 April 2016 Lord President – CJEU Bilateral meeting – Luxembourg £673.83 £20.00 £693.83

10 – 12 April 2016 Lord Tyre – ENCJ Conference – Barcelona £284.76 £74.69 £359.45

21 – 23 April 2016 Lord Tyre – Board of Trustees of the Academy of European Law – Frankfurt £84.64 £57.09 £141.73

1 – 3 June 2016 Lord Tyre – ENCJ General Assembly – Warsaw £604.94 £73.97 £678.91

1 – 3 June 2016 Sheriff Liddle – ENCJ General Assembly – Warsaw £607.35 £32.86 £640.21

29 – 30 June 2016 Lady Dorrian – Joint meeting of the Working Party on e-Law with legal practitioners – Brussels £511.92 – £511.92

3 – 4 July 2016 Lord Tyre – ENCJ Executive Board Meeting – Madrid £464.59 £76.35 £540.94

24 – 28 July 2016 Sheriff McFadyen – ISRCL – Halifax, Nova Scotia £1,842.93 – £1,842.93

24 – 28 July 2016 Lord Matthews – ISRCL – Halifax, Nova Scotia £3,816.19 £201.74 £4,017.93

6 – 11 August 2016 SP Abercrombie – Representing the Scottish Sentencing Council -Salt Lake City, Utah. £230.98 £36.13 £267.11

14 – 23 Sept 2016 Lord President – UK/USA Legal Exchange – Philadelphia and Washington USA £4,189.96 £123.11 £4,313.07

18 – 20 Sept 2016 Lord Mulholland QC – Attending ECJ meeting – Luxemburg £1,131.03 £85.31 £1,216.34

18 – 22 Sept 2016 Sheriff Liddle – CMJA Conference – Georgetown, Guyana £3,637.78 – £3,637.78

26 – 27 Sept 2016 Lord Tyre – ENCJ Project Group Meeting – Rome £381.07 £104.93 £486.00

1 – 3 October 2016 Lady Dorrian – Opening Legal Year – Dublin £623.21 – £623.21

1 – 3 October 2016 Lord Doherty – Opening Legal Year – Dublin £623.21 £162.19 £785.40

3 – 14 October 2016 Sheriff L Drummond – FBIJCC Stage 2016 – Paris £3,185.32 £350.83 £3,536.15

16 – 21 October 2016 Sheriff O’Carroll – IAJ Conference 16 – 21 October 2016 – Mexico City £3,660.29 – £3,660.29

17 – 28 October 2016 Sheriff C Cunninghame – FBIJCC Stage 2016 – Bordeaux £1,899.73 £210.70 £2,110.43

20 – 22 November 2016 Lord Brodie – Bilateral between the European Court of Human Rights and the Senior Judiciary of Scotland – Strasbourg £740.14 £229.62 £969.76

20 – 22 November 2016 Lord Glennie – Bilateral between the European Court of Human Rights and the Senior Judiciary of Scotland – Strasbourg £817.23 – £817.23

20 – 22 November 2016 Lord Doherty – Bilateral between the European Court of Human Rights and the Senior Judiciary of Scotland – Strasbourg £817.23 £47.51 £864.74

20 – 22 November 2016 Lord Pentland –  Bilateral between the European Court of Human Rights and the Senior Judiciary of Scotland – Strasbourg £827.43 £82.13 £909.56

20 – 22 November 2016 Lady Scott – Bilateral between the European Court of Human Rights and the Senior Judiciary of Scotland – Strasbourg £817.23 – £817.23

21 November 2016 Lord Tyre – ENCJ Executive Board meeting – Brussels £366.87 £87.16 £454.03

24 – 25 November 2016 Sheriff D Corke – 4 Nations Public Guardian Conference – Dublin £361.32 – £361.32

24 – 25 November 2016 Sheriff F Reith QC – 4 Nations Public Guardian Conference – Dublin £363.48 £39.65 £403.13

24 – 25 November 2016 Sheriff A Mackie – 4 Nations Public Guardian Conference – Dublin £298.19 £8.40 £306.59

24 – 25 November 2016 Sheriff N Stewart – 4 Nations Public Guardian Conference – Dublin £336.90 £336.90

8 – 9 December 2016 Lord Tyre – Attending ENCJ Independence & Accountability Project Team Meeting – The Hague £441.97 £63.21 £505.18

11 – 12 December 2016 Sheriff Liddle – ENCJ – Project Group Meeting – Bratislava £285.36 £22.15 £307.51

26 – 28 January 2017 Lord Boyd – Attending ECHR Judicial Seminar, Principle of international Law – Strasbourg £497.40 £32.53 £529.93

12 – 14 February 2017 Lord Tyre – ENCJ Executive meeting – Brussels £428.74 £30.39 £459.13

12 – 14 March 2017 Sheriff Liddle – ENCJ Project team meeting – Ljubljana £383.69 £26.78 £410.47

15 – 25 March 2017 Lady Dorrian – Commonwealth Law Conference – Melbourne Australia £6,188.89 £6,188.89

16 – 17 March 2017 Lord Tyre – ENCJ, Project meeting – Vienna £301.98 £12.25 £314.23

26 – 28 March 2017 Lord President – Judges Forum, 60th Anniversary of the signatures of the Treaties of Rome – Luxembourg £32.14 £32.14

30 – 31 March 2017 Lord Tyre – ENCJ, Digital Justice Seminar – Amsterdam £132.94 £132.94

Total cost of trips: £42,860.72 Total Expenses claimed: £2,323.82 Grand Total of Judicial Overseas costs to March 2017: £43,354.91

GUIDANCE BY GILL – Former Lord President Brian Gill’s guidance on judicial overseas junkets:

After several spats between members of the judiciary who were keen to take overseas junkets to luxurious destinations & enjoy tours, hospitality & golf instead of attending law conferences on taxpayers cash, Lord Gill attempted to curtail demands of greedy judges on the public purse.

Guidance issued by Lord Gill in 2014 stated:

I have been reviewing the arrangements to control expenditure to meet attendance at conferences by the judiciary, especially where the conference is taking place outwith the United Kingdom. I have also been considering the arrangements for the authorisation of all other overseas travel to be paid from public funds. With immediate effect the following arrangements are to apply to future requests.

Requests for funding for attendance at conferences and for all other overseas travel should be sought only from the Judicial Office . No request for support to meet attendance at conferences, or other overseas travel should be made to any other part of the Scottish Court Service.

In all cases where funding is being sought I require a business case to be produced by the judicial office holder or the judicial representative body that is seeking funding. The business case does not need to be long, but it must:

(i) identify the nature of the conference;

(ii) the number of judicial office holders it is suggested should attend;

(iii) why that number is necessary if it is more than one;

(iv) the benefit either to those attending or to the judiciary more widely from attendance at the conference;

(v) the likely costs of attendance ; and

(vi) the likely impact on the efficient administration of business.

The business case should be sent to the Executive Director of the Judicial Office for Scotland, Stephen Humphreys. He will assess whether funds are available to meet the costs of attendance and if so pass the business case to me.

I will then consider all requests and respond directly to the judicial office holder. I will need a clear justification for any overseas travel. As a general rule it should only be necessary for one judicial office holder to attend a conference overseas. It will only be in exceptional cases that I am likely to consider it necessary for more than one person to attend.

Where support is provided to attend a conference a report is to be prepared and sent to the Executive Director within one month of the end of the conference. The report will be placed on the Judicial Hub and the Judicial website. It is important that as many of the judiciary as possible are able to benefit from the investment of public money in attending the conference.

Lord President Lord Gill, July 2014

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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AUTHORITY LOST: Chair of Scottish Police Authority refuses to resign after facing challenge from Justice Committee MSPs to consider his position on discredited Police watchdog

Police Watchdog boss Andrew Flanagan refused calls to step down. THE CHAIR of the Scottish Police Authority (SPA) has rejected calls from MSPs to consider his position on the discredited Police watchdog – and step aside – at a hearing at the Scottish Parliament earlier today.

During the evidence session of the Justice Committee’s sub committee on Policing on Thursday afternoon, SPA Chair Andrew Flanagan rejected several calls to step down from his lead of the scandal hit SPA – while also facing mounting criticism of his handling of governance decisions at the organisation in charge of overseeing Police Scotland.

Responding to calls from several members of the Committee that he consider his position, Mr Flanagan said: “I have reflected very seriously on the views expressed by parliamentarians and other stakeholders. In reflecting on the last two years, I believe there is more that I have got right than I have got wrong, on strategy, on clarity and control, on refreshed leadership for policing and on many other aspects.

Desperate to retain his position as Chair of the SPA, Flanagan claimed he still had potential to offer the Scottish Police Authority.

Mr Flanagan continued: “I acknowledge my recent mistakes, and you have rightly taken me to task for them. But I hope to be judged also on the significant progress achieved and the leadership potential I can still offer.”

Despite the furore over Flanagan’s conduct and the diminishing reputation of the SPA, Flanagan claimed Policing in Scotland benefited from the SPA and that he had the support of his board – which now faces calls for a clean sweep of members.

Flanagan said: “Policing is in a much better position than it was, but there is still a huge amount to do. I believe now is not the time for yet another change of leadership in what will be a pivotal and challenging next three years for policing in Scotland. I have discussed this with my board and I have their unanimous support.”

Watch today’s full Justice sub committee on Policing here:

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

Much of the Justice Committee’s criticism of Mr Flanagan and his handling of governance at the SPA stems from his treatment of former board member Moi Ali, who resigned after clashing with the chairman over board meetings being held behind closed doors.

She told MSPs that she felt she had been bullied, describing her exit from the board as “a really horrendous experience” and saying Mr Flanagan was “not fit to continue on any public board”.

The public audit committee said Mr Flanagan had acted in an “inappropriate matter”, and said the “default position for such an important body is that its committees should meet in public”.

Mr Flanagan told MSPs that he had written to Ms Ali to apologise, saying his approach was a matter of “bitter regret” and a “misjudgement”. He said she had been “right in raising substantive concerns about transparency”, adding: “I was wrong.”

He subsequently confirmed he had sent the letter of apology on Tuesday – days after the critical report from the public audit committee.

However, it was revealed during the evidence session by Moi Ali posted on twitter that she had received it via email “only after I suggested legal action and issued an ultimatum”.

The letter of apology sent by Mr Flanagan had in fact only been sent to Ms Ali today, Thursday.

Mr Flanagan said that in light of the committee’s report: “I have to accept that I was wrong.”

Justice Committee members were highly critical of Mr Flanagan during the meeting, with MSP Stewart Stevenson quoting the situation with regard to his own resignation as transport minister in 2010.

Mr Stevenson said: “The biggest of people will always put the interests of the organisation of which they are part above their personal considerations should they be part of the decision-making. I simply invite you to take the same position as I took in 2010.”

This latest Holyrood hearing on difficulties at the Scottish Police Authority comes in the wake of investigations by the Scottish Parliament’s Public Audit and Post Legislative Scrutiny Committee (PAPLS) which has heard evidence on the lack of transparency at the top of the SPA and Flanagan’s treatment of former board member Moi Ali, who resigned after raising concerns about private meetings and a lack of transparency.

Watch the PAPLS Committee hearing of 11 May here:

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

The full transcript of the hearing can be viewed here: Public Audit and Post-legislative Scrutiny Committee 11 May 2017

Last week at the PAPLS committee, former SPA Board member Moi Ali described Mr Flanagan as “…not fit to continue on any public board, because he clearly does not observe public sector values” .

In an exchange between Monica Lennon MSP and the former SPA board member, Ms Lennon asked: “Given the letter and what you have just said about feeling bullied, do you think that Andrew Flanagan is fit to continue as chair of the Scottish Police Authority?”

In her response, Moi Ali gave a highly critical account of the SPA Chair’s position, stating : “I am afraid that I do not. He is actually not fit to continue on any public board, because he clearly does not observe public sector values. However, the Scottish Police Authority is in a different league, because an oversight body that oversees policing has to set even higher standards of corporate governance, and he has clearly not observed those standards.”

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

During the stormy evidence session with MSPs, Andrew Flanagan, chairman of the Scottish Police Authority was also forced to admit he withheld from colleagues a letter which criticised plans to hold board committee meetings in private – leading to accusations the chairman was treating board members “like infants”.

The earlier PAPLS Committee session on 20 April also heard animated exchanges between Former Cabinet Secretary & Committee member Alex Neil MSP (SNP Airdrie and Shotts) and SPA Chairman Andrew Flanagan –  who was accused of running the Police Watchdog as a “secret society”.

Watch the PAPLS Committee session of 20 April here:

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

The full transcript of the meeting has now been published, available here: Official Report: Public Audit & Post Legislative Scrutiny Committee 20 April 2017

During questions put to SPA Chief Andrew Flanagan, Chief Executive John Foley, and representatives of the Scottish Government, Alex Neil said: “This is not the Kremlin you are running, it is supposed to be an open public body. We have this secret society … inside the board … deciding on transparency of governance and the whole thing is done without public knowledge, without people out there being able to hold this board to account.”

Replying to Alex Neil on the matter of not sharing the letter, Mr Flanagan said “I didn’t think it was necessary to circulate the letter itself.”

However – Mr Neil told Mr Flanagan he had breached “every rule in the book” by refusing to share the document with the rest of the SPA Board.

Alex Neil went on to describe the Scottish Police Authority as “a shambles”.

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

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

 

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