RSS

Tag Archives: Lord President

TO PARLY, M’LORD: Scotland’s top judge Lord Carloway finally offers to give evidence to Scottish Parliament probe on register of judges’ interests – amid growing calls for full judicial transparency

Lord Carloway to face Holyrood on judicial transparency. SCOTLAND’S top judge has made an offer to appear before the Scottish Parliament’s Public Petitions Committee who are conducting a FIVE YEAR probe on proposals to create a register of judges’ interests as called for in Petition PE1458: Register of Interests for members of Scotland’s judiciary

Lord President Lord Carloway made the offer in a detailed letter offering some concessions to MSPs – which has now been published by the Scottish Parliament.

In his letter to MSPs, Lord Carloway said: “I indicated in previous correspondence that I felt I could add little more to the views previously expressed. That remains my view. However, if the Committee wishes me to provide this evidence orally, I will do so.”

Lord Carloway (real name Colin Sutherland) also claimed in his letter to MSPs – that the subject of “online fraud” should also be considered as a reason to keep judges links to big business and significant wealth away from public gaze.

However, MSPs have been reminded the subject of online fraud has proved no obstruction to the thousands of registers of interest already in operation across the public sector – from local councillors and workers on local government right up to the Prime Minister, politicians and even members of the security services.

And, while Lord Carloway remains bitterly opposed to full judicial transparency – which would see the creation of a register of judicial interests to match all other branches of Government and those in public life including MSPs – the top judge has given a further concession to the petition in a decision to expand the current “recusals register” – where judges step aside from cases due to a conflict of interest.

Writing to the Petitions Committee, Lord Carloway said: “I would have no difficulty with the proposition that the register of recusals could be extended to cover instances when a judge has recused himself, and when he has declined to do so. The additional burden, which will fall upon the clerks of court, should not be great, and I agree that this may provide additional transparency.”

The concession from the Lord President comes after growing calls from those who support the judicial transparency proposals to give full information to the public on why judges are asked to recuse themselves in cases where conflicts of interest arise in court.

Since 2014 – when the then Lord President Lord Brian Gill created the register of recusals in an attempt to head off demands by MSPs and the public to bring in the register of interests for judges, there have been over 70 recusals from members of Scotland’s judiciary in cases throughout Scotland.

The recusals have occurred on issues where conflicts of interest have arisen – such as membership of charities, relationships between judges and those appearing before them in court, and other ‘conflicts of interest’.

In one case during 2014, Lord President Lord Gill was forced to step aside from a court hearing after he realised his son – Advocate Brian Gill, represented one of the parties in a court action which the Judicial Office have refused to give any further detail on since the recusal took place in late June 2014.

However, a recent investigation by the media has revealed judges are refusing to recuse themselves in high profile cases in the Court of Session – where inks to the judiciary permeate right across the court room.

An investigation published by Diary of Injustice earlier this month revealed Court of Session judge Lord Malcolm heard a case eight times, where his own son Ewen Campbell had an interest as a representative and adviser to the defenders – construction company Advance Construction Ltd.

Investigations by journalists has revealed there is no written record of any recusal by Lord Malcolm (real name Colin Malcolm Campbell) – who only stood aside from considering the action well into the hearings after he ‘realised’ the involvement of his son in the case.

Lord Malcolm then handed the case over to Lord Woolman – who heard the proof in the case – which has now become the subject of increasing questions after material was handed to the media suggesting key parts of the evidence founded upon by Lord Woolman have no evidential basis.

In an unprecedented move, Lord Malcolm then returned to the case for an eighth hearing to hand over money which had been lodged by a third party as caution for an appeal.

It is thought this is the first incidence of a judge returning to a case he previously stood aside from, yet there are no details contained in the current register of recusals, even though the pursuer lodged an appeal against Lord Malcolm’s reappearance in the damages claim.

The move has been frowned upon by legal observers – many of whom agree a judge should not be allowed to sit on a case they have previously recused themselves from, and calls are now being made to the Lord President to establish such a rule in the code of Judicial ethics and conduct, ensuring similar events do not take place in the future.

And, in relation to media enquiries seeking an explanation for Lord Malcolm’s decision to return to the case, the Judicial Office have refused to give any details on why Lord Malcolm refused to consider his position as a recusal matter.

The high value civil damages claim – Donal Nolan v Advance Construction Ltd – initially heard in Hamilton Sheriff Court and then transferred to the Court of Session for a ‘speedy’ resolution – involved the dumping of 16,500 tons of contaminated waste by the defenders from a North Lanarkshire Council PPI project on the land of Donal Nolan – the well known & respected former National Hunt jockey & trainer.

At the time, the defenders solicitor – Ewen Campbell – worked for Glasgow based Levy & Mcrae – a  law firm linked to Scotland’s judiciary and more recently named in a writ in relation to the £400million collapse of a Gibraltar based hedge fund – Heather Capital.

Papers now lodged at Holyrood reveal Ewen Campbell reported back to former Levy & Mcrae senior partner and suspended Sheriff Peter Watson on the day to day running of the case for Advance Construction Ltd.

Details of the shocking case – which has seen no less than seven additional judges hear motions and interlocutors, has now been made to MSPs studying the plans to create the register of interests – which would also require members of the judiciary to disclose their links to others in the legal profession, links to business and other information.

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

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

Lord Carloway’s letter to the Public Petitions Committee is now published in full, here: Letter from Lord Carloway to Public Petitions Committee re Petition PE1458

PE1458: REGISTER OF INTERESTS FOR MEMBERS OF SCOTLAND’S JUDICIARY

I refer to your letter of 23 January. I have taken some time to review the evidence provided to the Committee by Professor Alan Paterson and to reconsider the position.

I note that you request a response on three specific issues, as follows:-

• First, whether there have been any inhibitions to the administration of justice arising in relation to those members of the judiciary who have to register financial or other interests in connection with other roles.

Scotland has a relatively small judiciary and only a very small proportion of those judges and sheriffs sit on bodies which require disclosure of financial interests. For example, only four- one senator, the Chair of the Scottish Land Court, one sheriff principal and one sheriff – sit on the Judicial Appointments Board, while seven judges – three Senators including myself, a sheriff principal, two sheriffs and a JP – sit on the Board of the SCTS. I am aware that my predecessor, Lord Gill, in his letter of 5 February 2013 noted that a register of judicial interests could have other consequences. He said:

“Consideration requires to be given to judges’ -privacy and freedom from harassment by aggressive media or hostile individuals including dissatisfied litigants. It is possible that the information held on such a register could be abused.”

All senators and all sheriffs exercise a civil and criminal jurisdiction. I am concerned that, at a time when online fraud is becoming increasingly sophisticated, a dissatisfied litigant, or a convicted person, may choose to retaliate by these means. A register of judicial interests may provide a starting point for that. That has not, to the best of my knowledge, happened with the small cohort of judges who have disclosed financial interests through JABS or the SCTS Board, but that sample is so small that no comfort can be derived from that. Rather, I expect that judges will become increasingly vigilant about the risks of personal information appearing in the public domain.

Accordingly, one possible inhibitory effect on the administration of justice is that judges may start to decline positions on important public bodies such as these if that requires the disclosure of financial interests. In the same way, a register of judicial interests may have a damaging effect on judicial recruitment. You may be aware that, partly because of major changes to pension arrangements, difficulties have arisen in the recruitment of the senior judiciary. Revealing personal financial information is likely to act as a further powerful disincentive.

• Secondly, whether a decision on “recusal” should rest with a judge other than the individual who has been challenged or who has been identified as having a potential conflict of interests.

I assume that the proposition here is that the decision on declinature of jurisdiction should be made by someone other than the judge hearing the case, presumably another judge, or judges. At present, if a judge is asked to decline jurisdiction, and does not do so, then that decision can be reviewed, on appeal, by the appellate court. Any other system would not be an improvement. Cases are often allocated to judges, both in the Court of Session and the sheriff courts, at short notice. A party or a judge may not be aware of the circumstances in which the issue of declinature must be considered until the morning of the case. If he then requires to pass that issue to another judge, for consideration, the case is likely to be adjourned for that purpose, to the disappointment of litigants and the inefficient disposal of business in the courts.

The present system whereby a judge, having seen the papers and being aware of the precise extent of any interest financial or otherwise he may have, makes the decision on recusal, is the preferred option. Judges are invariably prudent in declining jurisdiction appropriately, but the right of appeal ensures that in, any rare case where that is not done, redress is available.

I should add that, as a generality, the problem, if there is one at all, rests with an over cautious approach to declinature: ie with judges or sheriffs declining jurisdiction and thus prompting an adjournment and causing delay when they should, in accordance with their duty, have heard and determined the cases placed before them.

• Thirdly, whether it would be in the interests of greater transparency for the “Register of Recusals” to be extended to cover instances where recusal has been considered or requested but jurisdiction has not been declined.

I would have no difficulty with the proposition that the register of recusals could be extended to cover instances when a judge has recused himself, and when he has declined to do so. The additional burden, which will fall upon the clerks of court, should not be great, and I agree that this may provide additional transparency.

I hope this is of assistance to the Committee. I indicated in previous correspondence that I felt I could add little more to the views previously expressed. That remains my view. However, if the Committee wishes me to provide this evidence orally, I will do so.

Responding to the letter from Lord Carloway, the petitioner has lodged a reply with MSPs.

The petitioner endorsed Lord Carloway’s offer to give evidence before the Committee, answered Lord Carloway’s concerns in relation to online fraud.

Moves by the Lord President to expand detail in the current recusals register were also welcomed by the petitioner, who suggested Lord Carloway add the same level of detail to the register of recusals which also appears in court opinions published on the Scottish Courts and Tribunals Service website.

Writing to the Petitions Committee, the petitioner said:

Noting Lord Carloway’s offer to give evidence in public session, I urge members to invite the Lord President to an evidence session so the Committee and public can hear from the current Lord President on this petition and evidence submitted to the Committee.

Regarding Lord Carloway’s concerns about online fraud and the proposal to create a register of judicial interests, I would point out the subject of online fraud has not particularly affected or precluded other branches of public services and government, including the Scottish Parliament, from maintaining registers of interests which include financial and other details – for a considerable length of time.

Online fraud is a matter which everyone in society must deal with. Information readily published by the courts, the Crown Office and other bodies within the justice system in relation to court opinions or verdicts, contain financial, location or other personally identifiable information of significantly greater detail than is currently published about any member of Scotland’s judiciary.

With regards to concerns in relation to judges declining positions on public bodies which require the disclosure of financial details, I wish to point out judges are wealthy, well connected and influential members of the most powerful group of people in society – the judiciary. The viewpoints they hold, their status, power, and their part in decision making goes on to form public policy or law, impacting on all areas of public life.

Members of the judiciary who hold positions on public bodies, remunerated or not, should be required to declare their financial and other interests, like other members of those bodies, as there is a public expectation of transparency in all decision making and branches of Government.

Noting Lord Carloway’s comments on the current system of judges deciding whether to recuse themselves or not, this system has been proved to hold significant failures, where cases have been heard by judges who refuse to recuse themselves or, have failed to declare an interest.

The Committee has already been made aware of such cases where in one example an individual was denied their liberty, then an appeal judge who threw out the appeal, claimed in a newspaper investigation he forgot he prosecuted the same individual who was appealing his conviction.

A new system of someone else deciding if a judge should recuse themselves, along with a full and open account of the recusal decision, should be created. I do not believe such a system would pose unwarranted financial expense or considerable delays to cases.

Noting Lord Carloway’s acceptance of my previous suggestions to widen the scope of the recusals register, I support the inclusion of details where a judge is asked to recuse, considers recusing on his own, or refuses to recuse.

Further, I suggest it would be no great effort to include case reference numbers, and parties in the publication of details in the recusals register (the subjects of cases permitting), in similar form as already regularly appears in court opinions on the Scottish Courts website.

The routine publication of such detail and data should be standard practice of a transparent and accountable justice system so when a recusal request or decision occurs, court users, legal representatives ,the public and media know exactly why and for what reason a decision was taken.

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

 

Tags: , , , , , , , , , , ,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Tags: , , , , , , , ,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Tags: , , , , , , ,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Video footage of the meeting & transcript follows:

Petition PE1458 Public Petitions Committee Scottish Parliament 29 Sept 2016

Judiciary (Register of Interests) (PE1458)

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

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

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

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

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

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

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

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

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

Maurice Corry: That seems pretty fair.

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

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

Maurice Corry: I am happy with that.

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

Do we agree to that suggested course of action?

Members indicated agreement.

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

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

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

 Judge Lord Carloway faces demands from MSPs over judges’ register

2 Oct 2016 By Mark Aitken

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

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

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

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

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

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

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

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

 

Tags: , , , , , , , , , , ,

NO MONEY NO JUSTICE: Slow, costly courts, £220K a year judges on junkets & justice staff on the take prompt Scottish Government proposal for 25% hike in court fees

Scotland’s courts to become 25% more rip-off than before. EVERYONE knows the Scottish Courts and Tribunals Service (SCTS) and our powerhouse Sheriff Courts & the fabled Court of Session teeter on the brink of consternation, calamity, comedy and collapse at the end of each working legal week.

Every time a member of the judiciary takes time off their busy schedule of frequently flying £5K international holidays on the taxpayer – to perform the actual £200,000 a year job of being a judge and sit and listen to the daily farce and often dodgy evidence presented by Crown Office prosecutors before the Criminal Courts – you would honestly think from their faces – the end of the world had arrived.

Judges are so rich poorly paid these days, they have to conceal their vast wealth with the threat of constitutional calamity if it were revealed – or flog their multi million pound Victorian villas, properties in the country, undeclared holiday homes in Dubai or wherever – to members of their own family – for millions of pounds and avoiding those awful taxes which apply to the rest of us.

Let’s not even talk about the others … week long holidays in Qatar, North America, the far east, or jetting off to New Zealand for a week, then retiring a few days later, the gold Rolexes, collections of valuable items, taxpayer funded security fit for Royalty, extra ermine gowns & hanging around the works of Leonardo Da Vinci in the hope of life eternal.

How about the well paid poorly paid overworked court staff you say? Well, not really.

‘Hospitality’, undeclared deals on the side with law firms and other less talked about financial arrangements for increasing numbers of court staff compensate for the daily struggle of putting pen to paper and reminding the elderly sheriff the one before him ‘is a bad yin’.

So, where does all the money come from to pay for your access to justice and the privilege of appearing before someone festooned in 18th Century fancy dress and surrounded by wood panelling and enormously expensive digital recording equipment – conveniently unplugged so as not to record the daily courtroom farce or your expert witness disagreeing with Lord know-it-all.

The Scottish Government gave the Scottish Court Service a whopping £88.9million of your cash in the 2016-2017 budget. Plenty there to go around.

The judiciary on it’s own receive a staggering £40million of public cash, to groan, grizzle, gloat & giggle as they listen to counsel after counsel, litigant after litigant – while dreaming of appearances & junkets to warmer, wealthier climes.

The Legal Aid budget – once standing at over £160million a year and now allegedly a very very very dodgy £136.9million in the 2016-2017 budget – your cash going on lawyers, criminals and some of the most laughable, inept court hearings in existence.

The Crown Office & Procurator Fiscal Service (COPFS) – widely regarded by all sides as the pre-eminently most corrupt institution in the entire Scottish justice system – received a staggering £112.5million of your cash. To do what? to cover up it’s own staff and prosecutors leaking case files and evidence to criminals, or snorting cocaine and beating up Police Officers.

And, let’s not forget the £58 million of public cash spent by the Scottish Court & Tribunal Service on new doorknobs, a lick of paint and new scones for the Court of Session ‘powerhouse’ – which must rank as Europe’s slowest, most distorted, most expensive & interest ridden seat of justice, ever.

All this must be paid for, somehow. Loads-a-money. Your money. Certainly not theirs, for they are all public servants paid for by you.

So we come to the Scottish Government’s proposal to go for ‘full cost recovery’, buried in the now familiar loaded consultation papers issued by the Justice Directorate of the Scottish Government.

And, instead of blaming the fee rises on our slow, difficult and inaccessible courts, the Scottish Government instead has chosen to blame budgetary cuts imposed by Westminster.

The Scottish Government Consultation on Court Fees 2016 sets out proposals for fees in the Court of Session, the High Court of the Justiciary, the Sheriff Appeal Court, the sheriff court, the Sheriff Personal Injury Court, and the justice of the peace court. Court fees are a major source of income for the Scottish Courts and Tribunals Service and it has become necessary to increase fees in order to achieve full cost recovery. It seeks views on two options each of which is aimed at providing full cost recovery.

Fee hikes across the board of almost 25% for civil actions in Scotland and alternative targeted rises are being proposed by Scottish ministers – as part of a consultation on Scottish court fees which runs until October.

Court fees have generally been reviewed every three years, with the last round being implemented in 2015, however this time around “the Scottish Government has decided to accelerate the move towards full cost recovery“.

The Consultation on Court Fees – open until 12 October 2016 – sets out proposals for fees in the Court of Session, the High Court of the Justiciary, the Sheriff Appeal Court, the sheriff court, the Sheriff Personal Injury Court, and the justice of the peace court. Court fees are a major source of income for the Scottish Courts and Tribunals Service and it has become necessary to increase fees in order to achieve full cost recovery. It seeks views on two options each of which is aimed at providing full cost recovery.

The Scottish Government states “It is necessary to raise fees so that the Scottish Court and Tribunals Service is able to achieve full cost recovery from its courts. We are consulting on two options seeking the views of stakeholders on the best way to achieve this. Stakeholders will be able to provide their opinions on which option is better from the point of view of their own court actions and, if they are an organisation, of their clients. This will help the Scottish Government’s decision on which option should be incorporated into the necessary Scottish Statutory Instruments.”

“A review is justified both by the need to end the cost to the public purse of subsidising the civil justice system, and by the introduction of the new simple procedure which replaces the current small claims and summary cause procedures.”

Simple procedure will be phased in from 28 November for actions worth not more than £5,000. It is planned to retain existing fee levels for summary cause and small claims actions, so that at present levels lodging a claim for up to £200 under simple procedure would mean a fee of £18, and £78 for a claim above that level and up to £5,000.

If a flat rise is the option chosen, all Court of Session and sheriff court fees will rise by 24%, the amount needed to fund a deficit of £5.4m on gross fee income of £22.2m in 2014-15. That would mean lodging fees of £22 or £97 for simple procedure cases, £119 (from £96) for summary applications and ordinary sheriff court actions, £187 (from £150) for non-simple divorces, and £266 (from £214) for Court of Session or Sheriff Personal Injury Court actions. Hearing fees would jump from £227 to £282 in the sheriff court, and from £96 to £119 per half hour (single judge), or from £239 to £297 per half hour (bench of three) in the Court of Session.

Suggested targeted fee rises, the other option, would raise more money overall. The £18 simple procedure lodging fee would remain unchanged, as would the £150 divorce lodging fee and the £227 sheriff court hearing fees, as well as fees in the recently introduced Sheriff Appeal Court. However there would be a £100 lodging fee for a simple procedure claim for more than £200, £120 for summary applications and ordinary causes, and £300 for a Court of Session action. In that court the cost of lodging a record would almost double from £107 to £200, and hearing fees more than double to £200 for every half hour before a single judge, and £500 per half hour before a bench of three.

The alternative scheme would also see the introduction of graded fees in commissary court proceedings for authorising executors to handle a deceased person’s estate. Whereas at present for all estates worth more than £10,000 there is a flat fee of £225, it is proposed to exempt estates worth less than £50,000 but to charge £250 for estates between £50,000 and £250,000, and £500 for larger estates.

The consultation paper states on Page 8: “We are aware that there will be a tipping point where fee increases may deter people from raising actions”, the paper observes. “We do not believe that the level of rises in either option 1 or 2 as proposed will have a deterrent effect as individual fees will still be relatively low, particularly when viewed against the total costs of taking legal action including the cost of legal advice.”

Be sure to enter your thoughts in the Scottish Government’s consultation. Go here to do so: Consultation on Court Fees You have until 12 October 2016.

 

Tags: , , , , , , , , ,

LORDING IT MORE OPENLY: Scotland’s obsessively secretive judiciary reveal overseas junkets – after media spotlight on judges’ international air travel circuit increases judicial transparency

Media interest results in judges revealing overseas trips. THE MOST powerful & unaccountable figures in Scotland’s justice system – The Judiciary –  will now regularly publish details of their frequent use of taxpayer funded overseas travel junkets.

The transparency victory comes after a three year Freedom of Information & media spotlight on judicial overseas travel junkets forced the Judiciary of Scotland to come clean on judges’ opulent use of public cash to fly around the globe to lavish locations and events officially described as ‘law conferences’.

Of the thirty one overseas travel junkets taken by Scottish judges in the latest year of figures covering from April 2015 to March 2016 – members of the judiciary racked up a further £22,605.92 worth of international trips funded by public cash – including £2,052.97 of expenses claimed by the travelling judges.

Overseas travel records now released by the Judicial Office for Scotland reveal Court of Session judge Lord Brailsford – enjoyed a £4,898.94 eight day taxpayer funded junket to Sydney Australia from 11 – 19 November 2015 – making Lord Brailsford the top overseas judicial junket claimant of the past twelve months.

Lord Brailsford – who regularly appears in judicial overseas junkets lists – was recently 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.

The Laigh Hall was effectively swiped from public ownership by the Faculty of Advocates in the Parliament House titles scandal – which saw the City of Edinburgh Council lose public ownership of Scotland’s top court buildings to the Faculty of Advocates and the body which runs the courts – the Scottish Courts and Tribunals Service (SCTS).

The overseas travel data also reveals Scotland’s former top judge – Lord Brian Gill and current Lord President Lord Carloway – as the two judges filing the largest expenses claims on top of the costs of overseas travel in the past year.

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.

Figures reveal 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.

Known for previous overseas judicial trips taken at taxpayers expense – 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 earlier this year, 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.

Meanwhile Lord Carloway (real name Colin Sutherland) – who ascended to the top judicial post carrying the title of Lord President in January 2016 – claimed £352.51 expenses on top of the £650.47 cost of a judicial junket to the European Court of Human Rights in Strasbourg during 24-26 January 2016 – bringing the total cost of Carloway’s latest taxpayer funded trip to £1,002.98.

Carloway – also well known on the judicial air miles junket set – previously took a £5,820.16 seven day trip costing taxpayers £5,820.16 to a law conference in Vancouver, Canada during 21 – 27 June 2014.

And, a two day group judges trip to the European Court of Human Rights in Strasbourg in late January – comprising Lord Carloway, Lord Braccadale, Lord Bannatyne, Lady Stacy, Lady Smith and Lady Paton – cost taxpayers a whopping £4413.23.

Full details of public cash funded overseas travel junkets by Scottish judges have previously been published by Diary of Injustice here: Overseas travel of Scottish judges in 2014-2015, Overseas Travel of Scotland’s Judges 2013-2014 & Overseas Travel of Scotland’s Judges 2010-2013.

The latest transparency move by Scotland’s judiciary to reveal the secretive world of judges junkets and expenses claims comes after an earlier Freedom of Information campaign by DOI during 2009 –2010 resulted in the then Lord President – Lord Arthur Hamilton agreeing to publish regular disclosures on judicial expenses, featured in an article in 2010 here: Scots judges emerge from ‘Victorian veil’ as judiciary’s expenses claims set to be published online from November 2010 .

In response to a Freedom of Information request for information on the latest judicial overseas trips, the Judicial Office for Scotland confirmed the new policy of publication.

R. Gare, Policy Manager for the Judicial Office for Scotland said: “The Judicial Office for Scotland now publishes information on overseas travel. Information relating to your request can be found on the Scottish Judiciary website. Further, I can confirm that no SCTS staff travelled with any of the members of the judiciary in relation to the trips contained within the table.”

Overseas travel of Scotland’s judiciary 2015-2016: Information released by the Judicial Office for Scotland to DOI, and now published on the Judiciary of Scotland’s website reveals the extent of overseas travel undertaken by Scotland’s judges in the past year:

9 -10 April 2015 Lord Tyre ENCJ Project Group meeting in Lisbon £540.31

16 – 17 April 2015 Sheriff G Liddle ENCJ – RECJ meeting of the Project team “Development of minimum judicial Standards” in Brussels £566.57

29 -31 May 2015 Lord Gill Forum of Chief Justice of British Isles in Jersey £533.69

2 – 6 June 2015 Sheriff G Liddle ENCJ AGM meeting in The Hague £408.68

3 – 5 June 2015 Lord Tyre ENCJ General Assembly meeting in The Hague £443.36

9 – 14 June 2015 Lord Brodie FBIJCC meeting in Paris £663.48

10 – 13 June 2015 Sheriff McGowan FBIJCC meeting in Paris £562.82

10 – 14 June 2015 Sheriff Welsh FBIJCC meeting in Paris £719.72

10 – 14 June 2015 Sheriff M Neilson FBIJCC meeting in Paris £710.75

11 – 14 June 2015 Lord Eassie FBIJCC meeting in Paris £646.55

11 – 14 June 2015 Sheriff L Drummond FBIJCC meeting in Paris £970.92

18 – 20 June 2015 Lord Tyre ERA meeting in Luxembourg £375.24

June 2015 ENCJ Reimbursement -£975.10 -£975.10 August 2015 ERA Reimbursement -£364.77 -£364.77

13 – 18 September 2015 Sheriff R Dickson CMJA Conference in NZ – Wellington £1,161.26

12 – 19 September 2015 Sheriff Fletcher CMJA Conference in NZ – Wellington £1,545.28

24 – 25 September 2015 Sheriff G Liddle ENCJ Project meeting in Paris £660.97

24 – 25 September 2015 Lord Tyre ENCJ Project meeting in Paris £983.10

27 – 29 September 2015 Lord Matthews ECJ meeting in Luxembourg £522.25

3 – 5 October 2015 Lord Doherty Opening of Legal Year in Dublin £584.90

4- 5 October 2015 Lady Stacey Opening of Legal Year in Dublin £281.37

11 – 19 November 2015 Lord Brailsford International Hague Network of Judges in Hong Kong and Commonwealth and Common Law International Family Justice Conference in Sydney £4,898.94

30 November – 1 Dec 2015 Sheriff Liddle ENCJ meeting project on Funding of the Judiciary in Brussels £557.90

3 – 4 December 2015 Lord Tyre ENCJ Project Meeting – Independence and Accountability in Brussels £508.36

24 – 26 January 2016 Lord Carloway European Court of Human Rights in Strasbourg £1,002.98

24 – 26 January 2016 Lady Paton European Court of Human Rights in Strasbourg £650.47

24 – 26 January 2016 Lady Smith European Court of Human Rights in Strasbourg £690.52

24 – 26 January 2016 Lord Bracadale European Court of Human Rights in Strasbourg £729.89

24 – 26 January2016 Lord Bannatyne European Court of Human Rights in Strasbourg £650.47 

24 – 26 January 2016 Lady Stacey  European Court of Human Rights in Strasbourg £688.90

18 – 19 February 2016 Lord President  Bilateral Meeting in Dublin £110.51

28 February – 1 March 2016 Sheriff Liddle  ENCJ Colloque meeting – Dublin £253.00

7 March 2016 Lord Tyre ENCJ Project Group – Independence and Accountability in Brussels £322.63

Total: £20,552.95 £2,052.97 £22,605.92

Abbreviations: ENCJ – European Network of Councils for Judiciary, CMJA – Commonwealth Magistrates and Judges Association, ECJ – European Court of Justice ERA – Academy of European law, FBIJCC – Franco -British – Irish Judicial Cooperation Committee Colloque

The decision in 2016  by the Judicial Office to publish judges overseas travel information and costs comes after several media investigations into the judiciary’s use of public cash to fund overseas trips.

In 2014, the Scottish Sun on Sunday newspaper investigated judicial overseas travel junkets, reporting:

 LORDING IT ALL OVER THE WORLD

Beaks Trips on Taxpayer

Exclusive : By Russell Findlay 17 August 2014 Scottish Sun

JET-SETTING judges spent £26,000 of taxpayers’ cash on overseas trips last year, a Scottish Sun on Sunday investigation can reveal.

Top beaks flew out to destinations including Russia, Israel, Switzerland, Germany, France, Bulgaria, Lithuania and Qatar.

The most expensive was a £5,800 trip to Canada by Scotland’s second most senior judge, Lord Carloway. Lord Gill – who is the Lord President – also spent five days on a £2,800 trip to Doha, Qatar, where he gave speech on judicial ethics.

Our probe found he jetted to the desert state — criticised for its human rights abuses – after twice snubbing calls to appear in front of the Scottish Parliament’s public petitions committee just 800 yards from his office.

Committee member John Wilson MSP said: “During his speech in Qatar he said that he had much to learn from that country’s judicial system. But Qatar has a poor record on human rights, as identified by Amnesty International.”

Legal campaigner Peter Cherbi added: “Judges are supposed to sit in courts, not in jets.

“It’s hard to believe that Scotland and our judiciary can learn anything from Qatar, a country accused of funding war. mass murder and chaos throughout the Middle East.”

In the past year the Judicial Office for Scotland has paid for Lord Carloway — who earns £208.000 a year – to take part in law events in Vancouver. Canada, and Dijon. France.

It also forked out public money for Lord Armstrong, Lord Boyd and Lady Dorrian to meet other Euro pean judges on a three-day trip to Luxembourg.

Lord Eassie travelled to legal events in St Gallen, Switzerland, and Yalta, Ukraine.

And Lady Clark spent four days at an Anglo-Israeli conference in Tel Aviv, Israel, while Lord Hodge went to Paris.

Meanwhile four sheriffs — Wendy Anne Sheenan, Frank Crowe. Nikola Stewart and Thomas McCartney — attended a four day family law event in Ireland.

It took place at luxury Carton House hotel and spa in Co Kildare where the itinerary included a lack tie gala dinner and optional round of golf on the hotel’s course.

Last year Lord Gill — whose salary is £216,307 – also travelled to Jersey, while in the previous three years he went to Ireland, South Africa, Slovenia and Canada.

Last week he announced a clampdown on overseas travel by judges, sheriffs and JPs.

He will only allow judges to travel if they give a good reason to do so and they will also have to write a report about their trips.

The SNP’s Mr Wilson added: “Given the pressures on our courts, it’s welcome that Lord Gill is seeking to curtail future judicial travel and will hopefully lead by example.”

The Judicial Office for Scotland was asked to give details of Lord Gill’s itinerary for the rest of his Qatar trip and whether he regretted going after snubbing Holyrood.

A spokesman said they couldn’t help as the Lord President is on holiday.

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.

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

 

Tags: , , , , , , , ,

M’LADY JUSTICE CLERK: Lady Dorrian becomes first female judge appointed to position of Lord Justice Clerk – second most powerful judge in Scotland

First female judge appointed Lord Justice Clerk. FOR THE first time in the history of Scotland’s legal system, a female judge has been appointed to the role of Lord Justice Clerk, the second most powerful position in Scotland’s judiciary.

Lady Leonna June Dorrian (58), who is currently a judge of the inner house of the Court of Session – will take up her appointment as Lord Justice Clerk on 26 April 2016, the day of her installation.

The post of Lord Justice Clerk comes with a salary of £213,125 a year.

The Lord Justice Clerk also holds the office of President of the Second Division of the Inner House of the Court of Session, and, by virtue of the post, is Chair of the Scottish Sentencing Council.

The appointment of Lady Dorrian to the second most powerful judicial position comes after the recent appointment of the previous holder of the office of Lord Justice Clerk – Lord Carloway – to the top role of Lord President & Lord Justice General of the Court of Session.

During the six month search for a new Lord President which took place after the sudden retirement of Lord Brian Gill in May, 2015 – Lady Dorrian was appointed to a selection panel convened by the First Minister Nicola Sturgeon to interview applicants for the position of Lord President, reported in further detail here: To play the President – Hunt begins for Scotland’s next top judge

The panel, which comprised Sir Muir Russell – Judicial Appointments Board for Scotland, Mrs Deirdre Fulton – Judicial Appointments Board for Scotland, Rt Hon Lord Reed – Justice of the Supreme Court of the United Kingdom,  Rt Hon Lady Dorrian – Senator, Inner House of the Court of Session – concluded their deliberations with a recommendation Lord Carloway (real name Colin Sutherland) be appointed to the position of Lord President – reported in further detail here: Top judge of Parliament House: Lord Carloway appointed as Scotland’s Lord President

With the ascension of Lord Carloway to the post of Lord President, the move required the appointment of a new Lord Justice Clerk.

A selection panel to interview candidates for the role was again convened by the First Minister earlier in January 2016 – the panel comprising of Rt Hon Lord Carloway – Lord President, Sir Muir Russell – Judicial Appointments Board for Scotland, Alison Mitchell – Judicial Appointments Board for Scotland, The Hon Lady Stacey – Senator of the College of Justice to select a candidate for the position of Lord Justice Clerk.

Lady Dorrian was then nominated by the First Minister Nicola Sturgeon to Her Majesty the Queen – after taking account of recommendations made by the selection panel constituted under the Judiciary and Courts (Scotland) Act 2008 .

The panel which made the recommendations included Lord Carloway – who had been nominated for the position of Lord President by the previous panel which Lady Dorrian was a member of.

Lady Dorrian – Biography:

Lady Dorrian is a graduate of the University of Aberdeen and was admitted to the Faculty of Advocates in 1981 before becoming Standing Junior Counsel to the Health and Safety Executive and Commission between 1987 and 1994.

She served as Advocate Depute between 1988 and 1991, and as Standing Junior to the Department of Energy between 1991 and 1994. In 1994, she was also appointed Queen’s Counsel. Between 1997 and 2001 she was a member of the Criminal Injuries Compensation Board. Lady Dorrian was appointed as a judge of the Supreme Courts in 2005, having served as a temporary judge since 2002. She was appointed to the Inner House in November 2012.

SECRETLY SELECTING A PRESIDENT, SO SECRETLY:

 How judges select Scotland’s judges – in secret The selection panel for the office of Lord President – of which Lady Dorrian was a member – considered five candidates for the position of Scotland’s top judge – according to papers released by the Scottish Government in response to a Freedom of Information request by the media.

While there was significant speculation during 2015 that a female judge would be appointed to the top judicial post of Lord President, the unpredicted shift away from a male only top judge did not happen this time around.

Responding to queries, the Scottish Government refused to disclose the genders & diversity information relating to any of the candidates for the top job, citing privacy concerns.

Written exchanges between civil servants and the selection panel reveal a short listing meeting was held on 1 September 2015. The panel considered that two applicants Lord Carloway  [Redacted] merited an interview on the basis of the quality of their applications.

The panel agreed that given the level of appointment, candidates needed to be able to demonstrate that they met the criteria to an exceptional degree [Redacted].

The content of the selection panel’s report recommending Lord Carloway for the nomination of Lord President, was completely censored by the Scottish Government.

Emails between Scottish Government show First Minister Nicola Sturgeon had decided on Lord Carloway’s nomination as Lord President around 18 November 2015. Lord Carloway’s appointment as Lord President was finally made public a month later in December 2015.

Scotland’s judiciary faces a testing time as calls grow for judges to apply the same levels of transparency to themselves as is required of all other branches of Government, the justice system and those in public life.

SPOTLIGHT ON JUDICIAL INTERESTS SECRECY:

Scotland’s current Lord President – Lord Carloway is to be asked to give evidence to the Scottish Parliament’s Public Petitions Committee in connection with three year probe on proposals to require judges to register their interests, as called for in Petition PE1458: Register of Interests for members of Scotland’s judiciary.

The petition calls for the creation of a publicly available register of judicial interests containing information on judges backgrounds, their personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.

The proposal to require judges to declare their interests enjoys cross party support, and was widely backed by MSPs during a full debate in the Scottish Parliament’s main chamber on 9 October 2014 – reported in full with video footage of MSPs and Scottish Ministers speaking during the Holyrood debate, here: Debating the Judges.

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

 

Tags: , , , , , , , ,