RSS

Tag Archives: Petitions Committee

“Transparency is part of accountability” says Law Professor to MSPs – as General Pinochet case, failures to recuse and a judge presiding over cases defended by his own son in the Court of Session – add to calls register of judges’ interests

MSPs hear top judges need register of interests. A SENIOR Scots Law Academic – Professor Alan Paterson – has told the Scottish Parliament there is an expectation accountability applies to the judiciary as a branch of the state, and there is a need for judges in the highest courts to declare their interests.

In evidence to the Scottish Parliament’s Public Petitions Committee during the latest hearing of Petition PE1458: Register of Interests for members of Scotland’s judiciary Professor Alan Paterson of the University of Strathclyde told MSPs “..the question of a register of interests comes back to the role of the judiciary in a democracy. It is a branch of government or the state and, in a democracy, we expect the wielders of state power to have a form of accountability.”

Professor Patterson later added: “To me, transparency is part of accountability. The prime things that we require for accountability, generally speaking, are that judges give reasons for their decisions and that they identify who is making the decisions. That is part of transparency, and the question of a register of interests is part of the issue of transparency.”

MSPs also heard from the legal academic on one of the “shakiest moments” of judicial interests and recusals – in relation to the General Pinochet case – now the standard example of what went wrong when a judge in the House of Lords – Lord Hoffman – failed to declare an interest.

In responses to questions, Professor Paterson said he thought if a register of judicial interests had existed, it would have caught Lord Hoffman’s chairmanship of the Amnesty International Committee – the undeclared interest which sparked an appeal by General Pinochet’s lawyers against extradition to Spain in 1998.

Significant concerns were raised by the Committee in relation to the ‘Recusals Register’ created by former Lord President Lord Gill in the spring of 2014 – a move at the time Gill had hoped would closed down calls for judges to declare their vast interests and wealth in a publicly available register of interests.

In a key moment during the meeting, Deputy Convener Angus Macdonald MSP (SNP) raised a hypothetical scenario of a judge in the Court of Session failing to recuse himself after discovering his own son was acting as a litigation solicitor for one of the parties.

Quizzing the Law Professor, Angus Macdonald enquired: “On the issue of recusals, let me throw a hypothetical example at you. The son of a judge is the litigation solicitor for a defendant in, for example, the Court of Session, but the judge fails to recuse himself and to highlight the family connection to all interested parties. Clearly such a situation could be avoided were the decision on recusal not to be taken by the judge presiding over the hearing himself. We would look to avoid such a situation, and the register would help.”

An awkward response from Professor Paterson suggested this scenario had occurred “in the past” and that “As long as everybody knows about it and it is declared, it should not mean an automatic disqualification.” In such situations, all the parties usually know and no objection will be made.”

However, it has since emerged new evidence from the Court of Session is set to reveal more judges have failed to recuse themselves on numerous occasions where direct family members appeared in cases heard by their own parents.

In one key case which may significantly impact on calls to create a register of judicial interests, several MSPs are now believed to be aware of a series of failures by a judge to recuse himself in a case where a solicitor – acting on behalf of a law firm linked to the multi million pound collapse of a Gibraltar based Hedge Fund – appeared in front of a judge who turned out to be his own father – on multiple occasions.

The case – details of which are to be made public – has the potential to blow apart the integrity of Lord Gill’s ‘Recusals Register’ due to the sheer number of appearances by the same judge in the Court of Session – while his own son was the acting solicitor for the defenders.

Documents from the case now being studied also reveal a shocking fact – it has now been established millions of pounds of public money was paid out by a Scottish local authority to the defender’s main contractor after a ruling by Lord Woolman in January 2014.

The public cash was then to be paid to the defenders under a sub-contract agreement in an issue relating to why the case was brought to court in the first place.

However, the pursuer received not a penny despite the defenders admitting in court papers to illegal dumping of contaminated waste on someone else’s land.

Construction firms who hold contracts with numerous local authorities, and Scottish Government agencies including the Scottish Environmental Protection Agency (SEPA) are known to be heavily involved in events which led to the case ending up in the Court of Session – yet for some reason, opinions by several judges involved in hearings have not been published and are “difficult to obtain” from the Scottish Courts Service.

Tackling the issue of costs, over the issue of ensuring a fair hearing – MSP Maurice Corry (West Scotland) Scottish Conservative) asked Professor Paterson if he thought developing the recusal system in a way which required someone other than the judge hearing the case to decide on a recusal would add extra costs and delays to cases being heard in the courts.

Responding to Mr Corry, Professor Paterson said it could, but pointed out the failings of the current recusal register where little information is given away on the actual recusal and whether a judge refused to recuse himself in a case.

Professor Paterson told Mr Corry: “We have a register of how often judges recuse themselves but, as I have pointed out, we do not know how often they do not recuse themselves, so we cannot form a view on whether they have always got it right or whether there are situations in which they did not get it right.”

Mr Corry – who had earlier moved the petition be closed down at the meeting of the Petitions Committee on 29 September 2016 – also asked Professor Paterson for examples where a case may have been caught by a register of interests.

Professor Paterson replied stating “The Hoffmann case is the standard example of something going wrong.”

At the conclusion of the most recent evidence heard in relation to Petition PE1458, the Public Petitions Committee agreed to write to the Lord President Lord Carloway and the Judicial Complaints Reviewer – Gillian Thompson OBE.

Video footage and full transcript of Petition PE1458 – Scottish Parliament 17 January 2017

Judiciary (Register of Interests) (PE1458)

The Convener: Agenda item 2 is consideration of continued petitions. First, we will take evidence from Professor Alan Paterson on petition PE1458, on a register of interests for Scotland’s judiciary. As members will recall, the petitioner suggested that the committee might wish to invite oral evidence from Professor Paterson, and he has agreed to appear this morning.

Welcome to the meeting, Professor Paterson—we appreciate your attendance. If you wish to make some opening comments, you may do so for up to five minutes. After that, we will take questions from members.

Professor Alan Paterson: Thank you, convener. I am happy to answer any questions that the committee might have on this topic.

I see a register of interests for the judiciary in Scotland as an important issue but, as I have said in my written evidence, it is an issue on which I have not reached a concluded opinion. I have expressed an opinion in relation to the Supreme Court, where the balance probably tips towards the need for a register of interests. I have explained why I think that both in my written evidence and in the Hamlyn lecture.

For me, the question of a register of interests comes back to the role of the judiciary in a democracy. It is a branch of government or the state and, in a democracy, we expect the wielders of state power to have a form of accountability. It is also very important that, in a democracy, the judiciary is independent; judicial independence is a vital part of any democracy. We must therefore balance those issues of judicial independence and accountability. Indeed, issues such as recusal, criticism of judges, discipline of judges, complaints against judges and a register of interests are all areas where we try to strike that balance between accountability and independence.

The Convener: Thank you. Do you think that there is a third factor—simple transparency? That is not in conflict with independence; it is just about basic standards and reasonable expectations of openness.

Professor Paterson: To me, transparency is part of accountability. The prime things that we require for accountability, generally speaking, are that judges give reasons for their decisions and that they identify who is making the decisions. That is part of transparency, and the question of a register of interests is part of the issue of transparency.

The Convener: Do you have a view on what types of information should be included in a register of pecuniary or other interests?

Professor Paterson: As I have said, I do not have a concluded view on whether we should have a register of interests for the Scottish courts but, as far as the Supreme Court is concerned, there is the example of the American Supreme Court. Some might say that that is a slightly more political court than our courts but, nonetheless, its judges have to register their interests. They have to declare their financial interests, their shareholdings, their hospitality, what gifts they receive and what tickets to American football matches they get. All sorts of things have to be declared including membership of golf clubs and so on. At the start of their Supreme Court career, they also have to provide a detailed account of the clubs they are members of, their trusteeships, whether they are masons and all those issues. From time to time, the system throws up issues, but it works.

The House of Lords was the precursor to the Supreme Court, which started in 2009. Before that, the judges in the House of Lords formed a supreme court, and they had a register of interests. The judges who were members of the House of Lords then became Supreme Court judges. For example, we had Lord Hope of Craighead, who has since gone back to the House of Lords and is now on that register of interests. People can look up the register on the website and see what his interests are, but they could not do that when he was in the Supreme Court.

The Supreme Court has been very good at transparency, and rightly so; in general, it has been much better at transparency than the House of Lords was. It is much more open. Moreover, the proceedings are televised; when the Brexit judgment comes down on Tuesday, we will be able to see it. We will be able to watch everything happening. It just does not have a register of interests, even though the judges had one before—and will have it again if they go back to the House of Lords.

The Convener: That is interesting. Thank you.

Maurice Corry (West Scotland) (Con): Good morning, Professor Paterson. An issue that has been raised in evidence is whether a register would capture circumstances in which a conflict would make it inappropriate for a judge to hear a case. However, a judge might become aware of a conflict only when they saw a witness list and were able to identify a social relationship with a witness. Do you have any views on that?

Professor Paterson: The judicial oath and the judicial code of conduct, which are very important in Scotland, mean that a judge who knows that they have an interest—for example, a relative who is a party in a case is going to appear before them—will be expected to stand down. At its best, a register of interests would identify some conflicts and either remind the judge or alert others to the fact that they potentially have an interest, although not necessarily in the case of relatives.

One of the curiosities of the American Supreme Court is that, once or twice a year, the justices, including the chief justice, overlook a shareholding that they have. A corporation in which the shares are held comes up in litigation; they get involved in the litigation, only for somebody to suddenly remember that they have shareholdings in the corporation. That is not venal or deliberate and there is no attempt at bias; instead, someone has made a mistake and overlooked something. The strength of a judicial register is that it allows fair-minded, independent and external observers to say, “Haven’t you got a potential interest here?” and the matter can be aired before the case starts. If you do not have a judicial register of interests, everything is left to the judge and the judge’s memory. Even at the level of the American Supreme Court, the judicial memory occasionally fails—although not very often.

Maurice Corry: Thank you.

Rona Mackay (Strathkelvin and Bearsden) (SNP): Good morning. Can you expand a wee bit on examples of judicial office-holders registering their interests in connection with other roles? The petitioner has noted that in connection with the board of the Scottish Courts and Tribunals Service and you have mentioned the Supreme Court. Are you aware of any issues that have arisen for those judicial office-holders in being able to hear cases in connection with registered interests? What precedents are there that you know of in that field?

Professor Paterson: I am not sure that I have an answer to that question. Do you know what the petitioner was getting at and can you elaborate a little more on what was troubling him? Nothing springs to mind.

Rona Mackay: I think that he raised the whole subject in connection with the board of the Scottish Courts and Tribunals Service. You mentioned the similarity between those on the Supreme Court and the former law lords, so I wanted to tease out your opinion on what issues could arise from that.

Professor Paterson: I apologise for being unhelpful, but nothing on that immediately springs to mind.

Rona Mackay: That is fine.

Brian Whittle (South Scotland) (Con): Good morning. The former judicial complaints reviewer commented on the possible implications of the publication of recusal information in respect of possible conflicts of interests only becoming apparent after a case has been heard. Her view was that a register of interests could avert complaints by enabling any perceived conflicts to be addressed before or at the time when a case was heard. What are your views on that?

Professor Paterson: Let me go back to the House of Lords and the Supreme Court. One reason why I raise an eyebrow at the stance of the Supreme Court on this issue is that one of its shakiest moments was the General Pinochet affair. General Pinochet came to the UK for medical treatment and a Spanish judge using appropriate international processes arranged for him to be arrested for alleged crimes in the junta in Chile. His case then went up to the House of Lords. At relatively short notice, the membership of the panel that was to hear the case had to change and Lord Hoffmann was brought in as the next most senior judge. The fact that Lord Hoffmann’s wife worked for Amnesty International in some capacity was—we think—known by the senior law lord when they organised the panel. However, it was all done with some haste, and it is not at all clear that the panel was aware—they said that they were not aware—that Lord Hoffmann acted on a committee that raised funds for Amnesty International.

Amnesty International is relevant here because of its views on torture; it had asked to become an intervener in the House of Lords, and this was the very first case in which an intervener had been allowed. That meant that Amnesty International, although not technically a party to the case, was allowed to address the court on issues to do with torture and what had happened in Chile. Lord Hoffmann did not declare that he chaired a committee that raised funds for Amnesty International although his wife’s position, as someone who worked for Amnesty International, was known to the authorities.

Anyway, the case went ahead, and the vote went three to two against General Pinochet, with Lord Hoffmann in the majority. A little while later, General Pinochet’s lawyers discovered that Lord Hoffmann had that interest but had not declared it, and they asked for a rehearing. It had never happened before, but they got a rehearing, and the court very strongly made it clear that Lord Hoffmann should have declared the interest. Indeed, as I read it, even if he had declared the interest, the parties could not have waived it—it would have led to an automatic disqualification. That is the line that the court took, and another court had to be convened to rehear the whole case.

It all meant a lot of time being taken up, a lot of concern and a lot of bad publicity for Britain and for the House of Lords. Relations among the judges in the House of Lords were quite strained for a number of years thereafter. That one failure to declare an interest had a very substantial impact on a whole variety of issues, and I have never quite understood why the Supreme Court, knowing that lesson—which was hardly 10 years old by the time the court was set up—did not decide that it should have a register of interests.

We can have a debate about whether a register of interests would have caught Lord Hoffmann’s chairmanship of the committee, but I think that it would have, certainly under the rules under which the House of Lords now operates. It is not entirely appropriate, but if you want to see what a possible register of pecuniary interests might look like, you can look on the House of Lords website, where you will find a very detailed series of 12 headings under which interests can be recorded. Not all are appropriate for judges, but some of them certainly are.

The Convener: A second interesting point arising from the Lord Hoffmann case is not the judge’s own involvement but the spouse’s occupation. That would not go on a register, would it?

Professor Paterson: Possibly not, but, as I understand it, that was known about in the Hoffmann case.

The Convener: So that was not the issue.

Professor Paterson: That is my understanding of the case.

The Convener: That is very helpful. Thank you.

Angus MacDonald (Falkirk East) (SNP): Good morning, Professor Paterson. The example that you have just given backs up the suggestion in your written submission that the decision on recusals should not be taken by the judge who has been challenged. Would you expand on that?

Professor Paterson: Again, that is an area on which I do not have a fully formed mind. Like the author R Grant Hammond, who has written the standard work on judicial recusal, I take the view that, as far as appellate courts are concerned, there is an argument for saying that if one member of the court is challenged, he or she should not be the one that makes the decision. However, that might be the counsel of perfection. When it comes to a sheriff in a rural part of Scotland, it might be quite impractical to suggest that another person make that decision. As I have said, I do not have a concluded view on it.

I can see the case for such a move, and it would be easier at the appellate level. There are examples where courts have, when challenged on a particular interest, excluded that interest from the body deciding that interest. I can see the argument for that, but there are issues of practicality to be borne in mind.

Angus MacDonald: On the issue of recusals, let me throw a hypothetical example at you. The son of a judge is the litigation solicitor for a defendant in, for example, the Court of Session, but the judge fails to recuse himself and to highlight the family connection to all interested parties. Clearly such a situation could be avoided were the decision on recusal not to be taken by the judge presiding over the hearing himself. We would look to avoid such a situation, and the register would help.

Professor Paterson: It might—and if we are talking about a criminal defendant, it would be the High Court. Generally speaking, a relationship would be known to the parties. In the past, it was not unknown for an advocate who was a relative—a son or daughter—of a judge to appear before that judge. In a small country such as Scotland, saying that such a thing could not happen would make things a bit tough. It used to happen. As long as everybody knows about it and it is declared, it should not mean an automatic disqualification. In such situations, all the parties usually know and no objection will be made.

Maurice Corry: What consideration have you given to the potential for additional costs or delays to cases being heard if the recusal system were to be developed in the way that is proposed?

Professor Paterson: You are right to raise the issue—that is why I highlighted the practicality issues. Recusal is one of those areas in which it is necessary to have an appropriate balance between transparency, accountability and independence. We have a register of how often judges recuse themselves but, as I have pointed out, we do not know how often they do not recuse themselves, so we cannot form a view on whether they have always got it right or whether there are situations in which they did not get it right.

The test to be applied is whether a fair-minded, fully informed independent observer would think that there was a possibility of bias. It is a case not of whether the judge thinks that there is a possibility of bias, but of whether an independent, fair-minded, reasonable observer—probably a layperson—would think that there was a possibility of the tribunal being biased. It is therefore possible for a judge to take one view and an independent person to take a different one, which is why we must take a hard look at the issue of recusal.

Do I think that the introduction of a register of interests at appellate level would lead to a massive number of challenges and cause real problems? If a system were introduced whereby somebody else had to decide that, I think that it might. As I have said, I think that practical considerations might make my counsel of perfection, whereby in the ideal world somebody else would make the decision, unrealistic. I think that it is more possible at the appellate level.

Maurice Corry: Are you aware of any serious examples of cases in which the issue has been a significant problem, indicating that the setting up of such a register is necessary?

Professor Paterson: The Hoffmann case is the standard example of something going wrong. From time to time, challenges to the courts receive a degree of publicity, but I am not aware of any that were as significant as that one.

The Convener: There are no further questions. Thank you for your helpful and balanced evidence, which has given us an interesting insight into the issues.

Does the committee have a view on what further action we might take?

Angus MacDonald: Given the evidence that we have heard this morning, I think that we need to seek a further response from the Lord President, Lord Carloway. I, for one, would like to hear his views on today’s evidence, either by letter or in person, and I am particularly keen to find out his view on whether the recusal decision should not be taken by the judge who has the interest that has been challenged. Another suggestion has been put into the pot that would be well worth our consideration.

The Convener: We can look at the most convenient way for the Lord President to provide that response, because we do not want to cause unnecessary inconvenience.

Rona Mackay: We would not be re-asking the previous question. We would be going back to him with a new request.

The Convener: Is there anything else that we might do?

Angus MacDonald: There was also the suggestion that we ask the judicial complaints reviewer for her view on the evidence that has been given today. We should go down that route, too.

The Convener: Do members agree to take those actions?

Members indicated agreement.

The Convener: Again, I thank Professor Paterson for coming to the meeting. It has been very helpful.

I suspend the meeting for a couple of minutes. 09:25 Meeting suspended.

RECUSALS REGISTER – Scottish Judges are failing to disclose interests, and even when they do, some continue to hear cases where there are measurable conflicts of interest:

A number of additional cases documented on the petition webpage maintained by the Scottish Parliament aired in written submissions also provide evidence where litigants and defendants in Scotland’s civil and criminal courts are not being made aware of judicial relationships or conflicts of interest.

The frequency by which court users are not being made aware of such conflicts of interest within the judiciary appears to suggest such omissions are not happening by accident.

Misgivings on the attitude of members of the judiciary to reveal conflicts of interest are on the rise – particularly after one case revealed a senior judge – Lord Osborne – heard (and denied) the appeal against conviction of a man he had earlier prosecuted while working at the Crown Office.

Asked to comment on the matter, Lord Osborne claimed to a Sunday Mail investigation that he “forgot” he was the Prosecutor who put the man away for an alleged crime – which has been the subject of a long running and widely supported miscarriage of justice appeal.

Another case revealing the limitations of allowing judges to decide themselves whether to recuse from a case or not, was revealed in an investigation by the Sunday Herald newspaper after it emerged Sheriff Principal R Alistair Dunlop heard a case involving supermarket giant Tesco – while he held shares in the same company.

A a further investigation by the Scottish Sun newspaper revealed the same Sheriff Principal R Alistair Dunlop – held shares in a number of companies convicted of criminal offences at home and abroad, including Weir Group – subject of Scotland largest Proceeds of Crime cash seizure after the company was convicted of bribing their way into contracts with Saddam Hussein’s regime in Iraq.

Dunlop – who formerly sat on the Scottish Courts and Tribunals Service Board retired after the headlines, but was then brought back into service by the Lord President – to sit in the new Sheriff Appeals Court.

Recusals and the General Pinochet effect on proposals to require judges to register their interests:

In early 1999, Law Lords from the House of Lords who handled judicial functions now assigned to the UK Supreme Court – attacked their colleague Lord Hoffmann who failed to declare links with a human rights group before ruling in a key hearing on General Augusto Pinochet.

In the Law Lords written judgement on the Pinochet Appeal – Opinions of the Lords of Appeal for Judgement in the cause RE: Pinochet, they give their detailed reasoning for overturning a ruling by a previous panel of Law Lords which had denied the former Chilean dictator freedom from prosecution.

The Law Lords said the links between Lord Hoffmann – who sat on the original panel that ruled to allow General Pinochet’s extradition in November – and the human rights group Amnesty International were too close to allow the verdict to stand.

One of the lords who ruled in the appeal case, Lord Hope, said: “In view of his links with Amnesty International as the chairman and a director of Amnesty International Charity Limited he could not be seen to be impartial.”

At the conclusion of the latest consideration of Petition PE1458, MSPs who sit on the Public Petitions Committee agreed to write to the Lord President Lord Carloway and the Judicial Complaints Reviewer – Gillian Thompson OBE.

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: , , , , , , , , ,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Johan Findlay JP OBE Honorary Sheriff Justice of the Peace

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

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

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

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

Joe Al-Gharabally: Ernst & Young

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

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

Eric McQueen: Member of the Scottish Civil Justice Council

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

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

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

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

 

Tags: , , , , , , , , ,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Johan Findlay JP OBE Honorary Sheriff Justice of the Peace

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

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

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

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

Joe Al-Gharabally: Ernst & Young

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

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

Eric McQueen: Member of the Scottish Civil Justice Council

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

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

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

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

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

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

 

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: , , , , , , , , , , ,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

JUDGE HAS SHARES IN BRIBE FIRM

Stocks Register Plea

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

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

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

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

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

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

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

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

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

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

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

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

 

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

JUDICIAL REGISTER: Scottish Parliament probe on judges’ register of interests hears from top Law Professor – room for widening transparency to include more than pecuniary interests, current recusals register is not complete.

Register of judges’ interests good for transparency. A TOP legal academic has told the Scottish Parliament’s Public Petitions Committee there is room for improvement in proposals to create a register of interests for Scotland’s ultra secretive judiciary as called for in Petition PE1458: Register of Interests for members of Scotland’s judiciary

In a written submission to MSPs, Professor Alan Paterson of the University of Strathclyde told the Public Petitions Committee “in terms of accountability there is a clear link between the thinking behind calls for a Register of Judicial Interests and the concept of Judicial Recusal”.

However, the Law Professor criticised the weakness of content of the current “Recusal Register” – set up by Lord Gill as a result of a private meeting with MSPs.

Professor Paterson told MSPs: “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.”

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

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

The written evidence from Professor Paterson to MSPs comes after the Petitions Committee were informed of the Law Professor’s work on judicial transparency.

Published as quotes on the Scottish Parliament Petition Committee’s website, references from a publication by Professor Paterson: “Lawyers and the Public Good: Democracy in Action” – give an account of how registers of interest could enhance judicial transparency.

In the book, Professor Paterson writes: “Slightly surprisingly, the justices of the UK Supreme Court, who have rightly in my view been praised for being more transparent on a range of fronts than the House of Lords, have chosen on this front to be less transparent than they were in the House. In the House they were subject to a Register of Interests, but  in  February  2010s5 they indicated that they  had  decided  not  to  have  a Register of Interests in the Supreme Court since (1) other judges in the United Kingdom do not have to complete a Register of Interests and (2) it would not be appropriate or indeed feasible for there to be a comprehensive register of the interests of all the justices. With the greatest of respect to the justices, I wonder if they have got this one right.”   

“The Supreme Court along with the rest of the (senior) judiciary is an arm of government, and democratic accountability normally means that we expect those who govern us to declare  their  interests  –  and not just on an as and when basis. A detailed Register of Interests might even have obviated the Pinochet affair.”

“My third route to enhancing the accountability of the judiciary is to introduce greater measures of disclosure and transparency. Each and every justice of the US Supreme Court has to complete a detailed annual return setting out all their financial interests, including all shareholdings and offices held in other organisations. Moreover, when they have been nominated for appointment they are  required to complete a very detailed questionnaire  about  their interests, publications and membership of organisations whether it be the masons, churches or golf clubs (single sex or otherwise).” 

“Recusal is a tricky area and I’m not sure that the answer is always to leave it to the judge who has been challenged to determine whether he or she has a disqualifying interest. I am confirmed in this   line of thinking by Grant Hammond, the judicial author of what is now the leading textbook in the area. The legal test is that laid down in Porter v. Magill* namely, would the hypothetical fair-minded, fully informed independent layperson having  considered the facts conclude that there was a real possibility that the tribunal was biased. My difficulty  is  how  the  judges  are  to  know  the  answer to that question.”

PE1458/XX Judicial Register of Interests Petition PE1458

Writing in a letter to the Public Petitions Committee prior to the summer recess, Professor Patterson told MSPs: I refer to your letter of 18 March 2016 requesting that I write to you indicating my views on the action called for in the petition. I am not sure that I have a great deal to add to what I said in my Hamlyn lecture – A Paterson, Lawyers and the Public Good (Cambridge University Press, 2012) at pp.152-4. I indicated there, that at least at the level of final appeal courts there was an argument for enhancing the accountability of the judiciary by introducing greater measures of disclosure and transparency.

Each and every Supreme Court justice in the US Supreme Court has to complete a detailed annual return setting out their financial interests including gifts and hospitality. When appointed they also have to complete a comprehensive questionnaire about their interests, publications and memberships of clubs and organisations (including the Masons).  I am not aware that these requirements have caused particular problems in the USA.

When they were members of the House of Lords, the Law Lords had to complete a register of interests (which has since been considerably strengthened) and it was therefore a surprise to me that these same judges when they became UK Supreme Court Justices declined to have a Register of Interests, a position which they still adhere to. This despite the fact that Lord Hoffmann by failing to declare his involvement with Amnesty International (which might now appear in a Register of Interests) precipitated an unprecedented crisis in the House of Lords, the aftermath of which was felt for nearly a decade.

That said, whether a Register of Judicial Interests which is limited to pecuniary interests would be a worthwhile introduction for the Court of Session and the Sheriff Court is a difficult issue (as the evidence provided to the Petitions Committee has demonstrated) and one on which I am not sure I have a concluded view.

However, in terms of accountability there is a clear link between the thinking behind calls for a Register of Judicial Interests and the concept of Judicial Recusal. Here I think there is room for improvement in Scotland, particularly if there is to be no Register of Judicial Interests. 

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.

I am confirmed in this line of thinking by Grant Hammond, the judicial author of what is now the leading textbook in the area Judicial Recusal (Oxford: Hart Publishing, 2009).

Just as we no longer leave decisions on contempt of court which relate to attacks on the judge to be decided by the judge in question, so it could be argued that requests for judicial recusal should be handled on an expedited basis by a bench of at least two different judges.    

I hope these thoughts have been of assistance. Yours sincerely Professor Alan Paterson OBE

While Professor Paterson said in his letter to MSPs he had no concluded view on whether a register limited only to pecuniary interests of judges would be worthwhile, it is widely understood in the media the proposals before the committee do actually call for a much wider and encompassing register of interests for the judiciary – similar to the same registers of interest which exist for politicians and public bodies across the country.

The petition’s call for a more complete register of interests was brought to the fore during an evidence session with Lord Brian Gill held in November 2015 – during which Committee member John Wilson made it clear in questions to the judge that any register of judicial interests proposed by the petition was expected to include much more than pecuniary interests.

The lengthy Scottish Parliament probe on judicial interests – now about to enter it’s fourth year – has previously heard evidence from key players in the justice system who all support the introduction of a register of judicial interests.

During an evidence session held at Holyrood in September 2013 – Moi Ali, Scotland’s first ever Judicial Complaints Reviewer (JCR)- backed the creation of a register of judicial interests – providing MSPs with a powerful first hand, honest and highly detailed account of the workings of Scotland’s judiciary and lack of judicial transparency & accountability.

Current Judicial Complaints Reviewer Gillian Thompson also backed plans to require judges to declare their interests, during an evidence  session of the Public Petitions Committee held in June 2015.

However, the move to create a register of judges’ interests was bitterly resisted by retired top judge Lord Gill, who spent two years of his short three year term as Lord President –  fighting the Petitions Committee on moves to have him appear before MSPs to give evidence.

Diary of Injustice recently reported on written evidence provided by Scotland’s latest top judge – Lord Carloway to the Public Petitions Committee on plans to require judges to declare their interests.

Lord Carloway (real name: Colin Sutherland) is a known opponent of the judicial transparency proposals.

Earlier this year, Lord Carloway 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.”

The move by Scotland’s latest Lord President to undermine the Scottish Parliament’s efforts to increase judicial transparency follows a bitter three year campaign against the petition – led by Carloway’s former boss – Lord Brian Gill – which culminated in an ‘aggressive’ evidence session with the former top judge at Holyrood in November 2015.

Lord Gill – who spent two of his three year term fighting the judicial transparency proposals – was dubbed “Lord No-No” for his refusals to give evidence to MSPs on judges’ undeclared links to big business, secret criminal records & hidden wealth, handed the claim to the Scottish Parliament.

Refusing several invitations from MSPs to attend the Petitions Committee in person, the top judge sent a series of letters to MSPs – demanding the judiciary remain exempt from the public’s expectation of transparency in Government and those in public life.

As the petition was debated at Holyrood in the Lord President’s absence, it was revealed Lord Gill billed taxpayers for a five day state visit to Qatar. The top judge also travelled to numerous other international destinations – all charged to taxpayers.

An investigation by the Scottish Sun newspaper also revealed Scotland’s top judges spent £26,000 on thirty three international trips funded by taxpayers – including journeys to destinations such as Russia, Israel, Switzerland,Germany, France, Bulgaria, Lithuania.

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: , , , , , , , , , ,

DECLARE IT, M’LORD: MSPs seek further evidence on proposals to create register of judges’ interests, Lord President to be invited to face Holyrood Committee after May 2016 elections

Lord Carloway to face questions on judicial register. A THREE YEAR Holyrood probe on proposals to require judges to register their interests is to be continued into the next Parliamentary session – with a call to invite Scotland’s latest top judge – Lord Carloway – to give evidence on plans to bring the judiciary into line with transparency rules which apply to all other branches of Government.

The decision to call in the Lord President – who is on record opposing proposals to require judges to declare their interests – came last week after MSPs sitting on the Scottish Parliament’s Public Petitions Committee heard further evidence and submissions on Petition PE1458: Register of Interests for members of Scotland’s judiciary.

Speaking in favour of continuing the petition, Petitions Committee Convener Michael McMahon MSP (Scottish Labour, Uddingston and Bellshill) said: “We have written to the new Lord President, whose position is no different from that of the outgoing Lord President. However, we invited the outgoing Lord President to come to the committee to discuss the petition; does the committee want to extend the same invitation to the new Lord President, so that we can explore the issue?”

Mr McMahon continued: “There is still a live debate on the matter, and I would certainly be reluctant to close the petition without having exhausted the discussion and examined the issue—almost to destruction, I think. There are serious questions to ask.”

Committee member Kenny MacAskill MSP (SNP, Edinburgh Eastern) asked for the petition to be placed in the Committee’s legacy paper for the next Petitions Committee – which will come into being after the elections to the Scottish Parliament  on 5 May 2016.

The former Justice Secretary – who is set to publish a book revealing more on his decision to release Abdelbaset al-Megrahi – convicted of the bombing of Pan Am Flight 103 over Lockerbie in December 1988 – also hoped the next Petitions Committee would consider the process of selecting a new judge for the US Supreme Court to fill the vacancy after the recent death of Justice Antonin Scalia.

Mr MacAskill said “It would also be up to the future committee to consider what will be on-going in the United States of America, where judicial declarations go to an extreme that we might not wish to emulate—I am thinking of the replacement of Justice Scalia.”

John Wilson MSP (Independent, Coatbridge North and Glenboig) agreed with moves to keep the petition open, and backed calls to contact the Lord President, and a University of Strathclyde Law Professor who has researched judicial interests.

Mr Wilson said: “The petitioner has suggested that the committee write to Professor Alan Paterson of the University of Strathclyde, who has apparently done some independent academic research on the subject. It might be as well writing to the Lord President and asking him to consider whether he would appear before the committee. That might also be something for the legacy paper. We should also suggest that the committee invites Professor Alan Paterson to give some independent academic scrutiny of what has been requested in the petition.”

Mr Wilson also revealed former Judicial Complaints Reviewer (JCR) – Moi Ali, had recently written to The Scotsman newspaper, urging the establishment of a register.

During an evidence session held at Holyrood in September 2013 – Ms Ali backed the creation of a register of judicial interests – providing MSPs with a powerful first hand, honest and highly detailed account of the workings of Scotland’s judiciary and lack of judicial transparency & accountability.

Current Judicial Complaints Reviewer Gillian Thompson also backed plans to require judges to declare their interests, during an evidence  session of the Public Petitions Committee held in June 2015.

The cross party supported proposals – debated at the Scottish Parliament on 9 October 2014 – call 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.

Video footage & transcript of Public Petitions Committee debate:

Petition PE1458 Register of judicial interests Scottish Parliament 23rd February 2016

Judiciary (Register of Interests) (PE1458) 23 February 2016

The Convener: PE1458, which was brought by Peter Cherbi, is on a register of interests for members of Scotland’s judiciary.

We have written to the new Lord President, whose position is no different from that of the outgoing Lord President. However, we invited the outgoing Lord President to come to the committee to discuss the petition; does the committee want to extend the same invitation to the new Lord President, so that we can explore the issue? There is still a live debate on the matter, and I would certainly be reluctant to close the petition without having exhausted the discussion and examined the issue—almost to destruction, I think. There are serious questions to ask.

Kenny MacAskill (Edinburgh Eastern) (SNP): There is clearly still debate about the matter. It was the Judicial Complaints Reviewer who initially indicated a change in tack, which was upheld.

Where we can take the matter and whether it should be this committee that pursues it, I am not sure. Lord Carloway, the new Lord President, has made his position quite clear. It seems to me that the question is whether anyone else wants to pick the issue up. We could ask the new Lord President the same questions that we asked of the former Lord President, but given that we have his response in writing, I do not know where that would take us.

The question is whether the Justice Committee or the Scottish Government wants to pursue the issue. My recollection is that it is about six months since we heard from the minister but there was no indication of any change in perspective.

The Convener: There are still issues to be debated and it would be useful to get the new Lord President’s views on the record. The question is whether we, as an out-going committee, extend that invitation or put it in our legacy paper so that the new committee can pick it up and run with it.

Kenny MacAskill: I would be inclined to leave it in the legacy paper on the basis that we have had a reasonably full letter from Lord Carloway. If we were to squeeze him in within the next fortnight, I am sceptical as to what we could get from him that we have not already had in writing.

John Wilson: The petitioner has suggested that the committee write to Professor Alan Paterson of the University of Strathclyde, who has apparently done some independent academic research on the subject. It might be as well writing to the Lord President and asking him to consider whether he would appear before the committee. That might also be something for the legacy paper. We should also suggest that the committee invites Professor Alan Paterson to give some independent academic scrutiny of what has been requested in the petition.

I spent half an hour this morning trying to get the updated register of interests of judicial members of the Scottish Courts and Tribunals Service. I am assured that it is on the site somewhere, but although I tried for half an hour this morning, it was impossible to find. The latest register of interests that I have comes from last year and so is not up-to-date enough to include Lord Carloway. I know that he registered no interests when he was Lord Justice Clerk.

We have been told that there are safeguards in place, but it would be useful to know how the general public get the information that they are looking for. If it is difficult to get the Scottish Courts and Tribunals Service judicial service register, it raises other questions about where we are going and whether we are making it more difficult for people to find out judicial interests.

The former Judicial Complaints Reviewer, Moi Ali, has recently written to The Scotsman, urging the establishment of a register—just as she did when she gave evidence. The current Judicial Complaints Reviewer has also said that it would be helpful to have a register of judicial interests.

I would like to think that the future Public Petitions Committee could take the issue forward and invite Lord Carloway and others to come and give evidence, perhaps answering some of the questions that arise further down the road.

The Convener: The suggestion is that we put it in our legacy paper and write to Professor Paterson, as John Wilson suggested, so that his response would be available to the new committee, which could take it into consideration. Is everyone happy with that?

Members indicated agreement.

Kenny MacAskill: I am fine with that. It would also be up to the future committee to consider what will be on-going in the United States of America, where judicial declarations go to an extreme that we might not wish to emulate—I am thinking of the replacement of Justice Scalia.

The Convener:It is interesting to watch what is happening there and compare it.

Writing in the Scotsman newspaper, Moi Ali said :

“I hope that when the Scottish Parliament’s petitions committee reconsiders a proposal to implement a register of interests for the judiciary next Tuesday, it does not accept the Lord President’s advice to throw out this petition.”

“When I was Scotland’s first independent Judicial Complaints Reviewer, I gave evidence to the committee in support of a register of interests. I am a ministerially-appointed board member in Scotland, where I am rightly required to complete a register of interests to provide assurance to the public that my dealings are above board. For the same reason, the judiciary should also complete such a register.”

“The judiciary can take away people’s assets, separate families, and lock people away in prison. Given this position of power, it is essential not only that they have absolute integrity – but crucially, that they are seen to be beyond reproach.”

“A register of interests is a way of demonstrating that a judicial office holder is impartial and has no vested interest in a case – financially, through family connections, club/society membership or in any ­other way.”

“Conversely, the refusal to keep a register of interests creates public suspicion that in turn undermines judicial credibility. Thus, a register of interests is good for the judiciary and good for the public.”

JUDICIAL BLOCK: Transparency on judicial interests not welcome in my court – Lord Carloway.

Last month, Diary of Injustice reported on written evidence provided by Lord Carloway to the Public Petitions Committee on plans to require judges to declare their 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.”

The move by Scotland’s latest Lord President to undermine the Scottish Parliament’s efforts to increase judicial transparency follows a bitter three year campaign against the petition – led by Carloway’s former boss – Lord Brian Gill – which culminated in an ‘aggressive’ evidence session with the former top judge at Holyrood in November 2015.

Responding to Lord Carloway’s letter, the petitioner told the Committee: “Lord Carloway presents the same view of his predecessor Lord Gill in that a register of interests for the judiciary is unnecessary or undesirable. Similarly, as Lord Gill has already inferred, Lord Carloway speaks of constitutional problems if the judges are asked to declare their interests.”

“In reality, there are no constitutional issues created by this petition, nor is there an impediment to the creation of a register of judicial interests. Such a register already exists for the Scottish Court Service and Tribunals Board, of which Lord Carloway and others declare their interests.”

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: , , , , , , , , , , ,