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

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

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

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

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

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

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

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

Successful candidates are subsequently appointed by Scottish Ministers.

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

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

The names of those appointed are:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The National reports further:

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

Martin Hannan Journalist 14 October 2017 The National

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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DECLARE YOUR JUSTICE: Judicial Office consults with Lord Carloway on including Justices of the Peace in Register of Judicial Recusals – as questions surface over Lord Gill’s omission of 500 JPs from judicial transparency probe

Calls to include Justices of the Peace in Recusals Register. SCOTLAND’S top judge has been called upon to include nearly five hundred members of the Judiciary of Scotland in a Register of Judicial Recusals which was created in response to a five year Scottish Parliament probe on lack of transparency within the judiciary.

The Lord President – Lord Carloway (real name Colin Sutherland) – is currently being consulted by the Head of Strategy and Governance of the Judicial Office on collecting recusal data from Justices of the Peace courts.

The move comes after journalists queried why JPs were not included in the current register of recusals listing when judges stand down from a case due to conflicts of interest.

The addition of Justices of the Peace to the recusals register follows recent development where Lord Carloway conceded to calls for full transparency on judicial recusals, reported here: RECUSALS JUST GOT REAL: Judicial Office concedes to reforms for Judicial Recusals Register, full case details where judges stand down from court hearings to be entered after media & FOI probe success

However, amid an ongoing probe on Justices of the Peace – where it has now been established some JPs have undeclared criminal convictions – there has been no explanation provided by the Judicial Office as to why some five hundred Justices of the Peace who comprise the bulk of membership of the Judiciary of Scotland – were left out of the publication of recusals by Lord Gill during the register’s creation in April 2014.

Moves by Scotland’s judiciary to become more transparent and open up the workings of Scotland’s courts and judiciary to the public, have come in response to MSPs consideration of judicial transparency proposals contained in Petition PE1458: Register of Interests for members of Scotland’s judiciary.

The petition, 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.

The creation of such a register would ensure full transparency for the most powerful people in the justice system – the judiciary.

The resulting publicly available register of judicial interests would contain 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.

A full listing of evidence in support of the petition calling for a register of judicial interests can be found here: JUDICIAL REGISTER: Evidence lodged by Judicial Investigators, campaigners, judges & journalists in four year Holyrood probe on judges’ interests – points to increased public awareness of judiciary, expectation of transparency in court.

The move to create a register of judicial interests has also secured the support of two Judicial Complaints Reviewers.

Moi Ali – who served as Scotland’s first Judicial Complaints Reviewer (JCR) – appeared before the Public Petitions Committee of the Scottish Parliament in a hard hitting evidence session during September of 2013.

At the hearing, Ms Ali supported the proposals calling for the creation of a register of judicial interests.– reported here: Judicial Complaints Reviewer tells MSPs judges should register their interests like others in public life.

Scotland’s second Judicial Complaints Reviewer Gillian Thompson OBE also backed the petition and the creation of a register of judicial interests during an evidence session at Holyrood in June 2015.

Both of Scotland’s recent top judges – former Lord President Lord Brian Gill, and current Lord President Lord Carloway, have testified before the Scottish Parliament on the petition, both failing to prove any case against creating a register of judicial interests.

A report on Lord Brian Gill’s evidence to the Scottish Parliament in November 2015 can be found here: JUDGE ANOTHER DAY: Sparks fly as top judge demands MSPs close investigation on judges’ secret wealth & interests – Petitions Committee Chief brands Lord Gill’s evidence as “passive aggression”

A report on Lord Carloway’s widely criticised evidence to the Scottish Parliament in July 2017 can be found here: REGISTER TO JUDGE: Lord Carloway criticised after he blasts Parliament probe on judicial transparency – Top judge says register of judges’ interests should only be created if judiciary discover scandal or corruption within their own ranks

The National newspaper reports on the call to include Justices of the Peace in the Judiciary of Scotland Register of Judicial Recusals.

Campaigner calls on Scotland’s top judge to extend register of recusals

Exclusive by Martin Hannan Journalist The National 3rd October 2017

SCOTLAND’S Justices of the Peace should have to register their recusals when they step aside from cases in their courts due to conflicts of interests, according to the man who is leading a campaign on judges’ interests.

The judicial register of recusals was established by Scotland’s most senior judge in April 2014, former Lord President Lord Gill, and the judiciary website shows all such recusals by judges and sheriffs and the reasons why they stepped away from a case.

Now legal campaigner Peter Cherbi has called for the register to be extended to Justices of the Peace, who are lay magistrates dealing with less serious cases such as breach of the peace or minor driving offences.

For five years Cherbi has been petitioning the Scottish Parliament on the issue of judges’ interests, and he sees a register of recusals as vital for public confidence in all the judiciary.

Cherbi said: “Given there are nearly 500 Justices of the Peace in Scotland who must act in accordance with the same rules laid down for other members of the judiciary, JPs should now be included in the Register of Recusals.

“I am surprised Lord Gill omitted Justices of the Peace when he created the Register of Recusals in April 2014. This was a significant omission, given the numbers of JPs across Scotland, and Lord Gill should have corrected this flaw before he left office in May 2015.

“I note Lord Carloway (left) has not attended to this glaring omission since taking office as Lord President in January 2016 until now being asked to do so.

“The omission of Justices of the Peace from the Register of Recusals has left out a significant portion of the judiciary and therefore concealed a more truer representation of numbers of recusals and interests across Scotland’s judges and courts, which are of significant public interest.

“I shall be informing the Public Petitions Committee of this development and if the need should arise, I will request MSPs write to the Judicial Office and Scottish Justices Association to make enquiries as to when JPs will be added to the Register of Recusals, and to seek an explanation why they were originally left out from the data, despite it being a relatively simple operation to include JPs in the recusals statistics.”

The National contacted the Scottish Justices Association, which represents the Justices of the Peace, but no reply had been received by the time we went to press.

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

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The new members are as follows:

Legal Members

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

Ordinary Members

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

The appointments came into effect on 18 September 2017.

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

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

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

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

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

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

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

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

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

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

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

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

Housing and Property Chamber

Tax Chamber

Tribunals Administered by the SCTS:

The Mental Health Tribunal for Scotland

The Additional Support Needs Tribunals for Scotland

The Council Tax Reduction Review Panel

The Pensions Appeals Tribunal

The Lands Tribunal for Scotland

The Scottish Charity Appeals Panel

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

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

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

 

 

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SUPREME SECRETS: UK Supreme Court refuses to publish recusal data – Court rejects release of info on UKSC justices conflicts of interest in response to Freedom of Information recusals probe on top UK court

Top UK court obstructed Scots media judicial recusals probe. THE UK Supreme Court (UKSC) has refused to disclose how many of it’s justices have recused themselves from court hearings over conflicts of interest or requests to step aside from cases.

And, the top court’s refusal to disclose the information only came about after the Information Commissioner (ICO) decided to issue a decision notice forcing the Supreme Court to respond to Freedom of Information requests submitted in May 2017.

Unlike in Scotland, where the Judiciary of Scotland publish a Register of Judicial Recusals– listing judges who have stood aside in cases for certain conflicts of interest (not including financial, wealth or other status related interests), the United Kingdom’s Supreme Court in London does not publish any recusal information.

However, Freedom of Information requests seeking disclosure of the UK Supreme Court’s recusal data encountered obstacles after UKSC officials took a decision to refuse to respond to Scottish journalists FOI requests.

And, it can also be revealed the Ministry of Justice – the body in charge of all courts in England & Wales followed the Supreme Court’s anti-transparency position – refusing to respond to a similar FOI request again sent from Scotland in May 2017.

Four months after the original Freedom of Information request was made to the UK Supreme Court, and amid numerous reminders to UKSC officials, the Information Commissioner’s office was contacted in July for assistance.

After discussions with ICO staff, the Information Commissioner gave the top court an extra month to reply.

However, the Supreme Court again refused to respond to any Freedom of Information requests from Scotland on the subject of recusals.

A legal insider claimed the refusal to reply to the requests originated over fears the material was to be referred to at the Scottish Parliament in connection with a five year probe on judges’ interests and a call to create a register of judicial interests – Petition PE1458: Register of Interests for members of Scotland’s judiciary.

However, after the Information Commissioner again contacted Scottish journalists making the requests, the ICO confirmed it would issue a determination to order the UK Supreme Court to respond to the requests.

In an email of 25 August 2017, Matthew Cresswell of the Information Commissioner’s office informed journalists seeking the recusal information: “As the Supreme Court have failed to respond to your information request within the statutory time limit set out in section 10(1) of the FOIA, the Commissioner can now start the process of ordering a decision notice on this case. A decision notice is a legally binding document that will require the public authority to provide a response.”

Coverage of the case then appeared in The National newspaper on 30 August – which prompted the Supreme Court to finally issue a response to the Freedom of Information requests.

However, the UKSC refused to divulge any details of UKSC justices’ recusals, citing cost grounds of gathering the information.

Paul Brigland, for the UK Supreme Court claimed logging errors where the real reasons for a lack of reply to the FOI requests, rather than a determined policy by the UK Supreme Court not to respond to a Scottish Freedom of Information request.

Paul Brigland, the Head of Office and Building Services & Departmental Records Officer said: “Firstly, I would like to apologise for the mishandling of your request and the failure to reply. This is entirely due to an error in our logging process in which this request was incorrectly marked as dealt with, but had in fact been mistaken for a separate request you made under the FOLA at the same time which we responded to within the correct time limit. I hope you will accept our apologies for this error. I should also explain that since you made your request we have changed the way in which we log and handle FOI requests, so this situation should not arise in the future.”

Paul Brigland then confirmed the UKSC held information relevant to the request.

Mr Brigland said: “I can confirm that we do hold some information relevant to your request.”

However, Paul Brigland claimed the work involved and cost would prohibit the information being disclosed.

Brigland added: “In order to provide you with the information on the scale that you have requested would require a search of individual paper case records. We do not maintain a central record of any such requests as there is no business need to do so.”

“Section 12 of the FOLA makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for central government is set at £600. This represents the estimated cost of one person spending 3.5 working days in determining whether the Department holds the information, locating, retrieving and extracting the information.”

“As your request is widely framed, I estimate that it will take us more than 3.5 working days to determine appropriate material within the scope of your request, and locate, retrieve and extract that information.”

“I am sorry that on this occasion I cannot suggest ways in which you could narrow the scope of your request to bring it within the cost limit. This is because any information sought under a revised request, for example requesting information for a shorter time period, would still be exempt under section 32 (court records).”

“However, outside the terms of the Act, and to be helpful, I can explain the following.”

“Where there are reasons that a Justice considers there might be an issue of recusal, that information is sent to the Justice chairing the panel (normally the President or Deputy President) and then a letter is sent to the parties. I can confirm that there have been no instances where we have written to parties that has subsequently led to a request from the parties for a Justice to stand down.”

“Similarly, I can confirm that there have been no instances where a Justice has recused themselves following a request initiated by a party to a case.”

However, the explanation offered by the UKSC does not actually confirm if any justices have refused to recuse themselves following any request from litigants or parties to do so.

And, as no register of recusals currently exists at the UK Supreme Court, legal insiders have suggested the explanations from the UKSC on recusal data should be taken with a pinch of salt.

A legal insider has suggested legal teams operating in the UK Supreme Court are dissuaded from – or not minded to ask for recusals.

The source said “ justices do not take well to their position being questioned to recuse from a hearing”.

A solicitor from England who has now come forward on the issue said he was aware of certain cases at the Supreme Court which may have necessitated a recusal.

The solicitor, who has studied the details contained in Scotland’s register of judicial recusals said it was clear in some cases before the UKSC, comparable examples of justices links to issues do exist, and therefore should be acknowledged in a similar register of recusals at the Supreme Court.

However, the solicitor cited the Supreme Court’s determination to avoid declaring justice’s interests in a register of interests as one reason which the UKSC is avoiding publishing any data on it’s justices’ recusals.

Amid the Supreme Court’s refusal to release information on recusals, Scottish journalists asked for a review of the decision, which was handled by William Arnold, the Head of Corporate Services.

Mr Arnold did not provide a review response on material with the UK Supreme Court logo, instead responding by email in the following terms.

Willian Arnold said: “As Mr Brigland explained, the UK Supreme Court does not maintain any formal central register of requests  to Justices to recuse themselves  from particular cases, since there has never been any operational need to do so.”

“Identifying the record of any such requests would therefore entail reviewing all the case papers in every case heard since January 2014 to the present date. I am satisfied that Mr Brigland was correct in assessing that carrying out this review would require staff resource input, which would exceed the cost limit for answering FOI requests of £600.”

“As Mr Brigland went on to say, this would be a pointless exercise in any event, because any such recusal request, if one was found, would form part of the records of the individual court case; and in Section 32 of the FOI Act Parliament has enacted an exemption of court records from the FOI regime. This exemption is not subject to any kind of public interest test, so the UKSC would not in any case be able to release any such recusal request, if one was found, to you under the FOI regime. I agree with this analysis.”

“In order to try to be helpful, Mr Brigland, however, went on to tell you, outside the provisions of the Act, since this is not recorded information which the UKSC holds, that the practice is that where a Justice considers he might have interests which might generate a request for recusal, a letter is sent to the parties outlining those interests.”

“Nobody here of those staff who have been at the UKSC since its inception in 2009 can remember any instance where such a letter has resulted in a request from a party to a case for a Justice to recuse themselves. Equally nobody here can recall any instance where a party has ever initiated a request for a Justice to recuse themselves, so the question of acceding to or rejecting such a request has never arisen.”

Mr Arnold went on to contradict Paul Brigland’s initial explanation where he stated the UKSC did hold material in relation to recusal information.

William Arnold stated: “The only sentence in Mr Brigland’s letter which I do repudiate is on page one  where he says “I can confirm that we do hold some information relevant to your request.”

“He may have been thinking of the letters we send to parties, where a Justice believes they have interests they should disclose, as set out above, but it is not clear to me that these are strictly relevant to your request; and I cannot find any other evidence which leads to the conclusion that the UKSC ‘holds some information relevant to your request’.”

“Indeed I have reached the opposite conclusion – that we likely do not hold any such information, although we could not be formally sure of that without carrying out the review of all our cases, which on cost grounds, as set out above, we have declined to do.”

A barrister who studied the correspondence from the UK Supreme Court, including the initial FOI response and the UKSC’s review – said the responses were evasive.

He also noted the UKSC’s position on holding no recusal data revolved around process where a letter is sent out to parties in relation to a justices’ conflict of interest – rather than an interest being raised by a party or legal representative.

The barrister said: “The UK Supreme Court has existed for eight years. I think it highly unlikely not one single request for a recusal at the Supreme Court has been made during such a considerable length of time.”

While the UK Supreme Court remains determined to refuse any further disclosure of information on judicial recusals, the Information Commissioner has been contacted again over the Ministry of Justice’s refusal to answer similar requests for disclosure of recusal information from the English courts.

A decision from the Information Commissioner on this matter is awaited.

However, the position Scottish users of the UK Supreme Court now face is that judges in Scotland are required to publish their recusal data, while the UKSC has decided against any such transparency – leaving Scottish court users at a considerable disadvantage.

The National reported on the battle to obtain recusal information from the UK Supreme Court and the Ministry of Justice in two articles, published below:

Victory for Scottish information campaigner in battle with Supreme Court

Martin Hannan Journalist 30th August

THE UK Supreme Court will be ordered by the Information Commissioner to reply to question from a Scottish legal rights campaigner, after it refused to say whether it had a register of recusals by court justices.

Recusal is the term used when a judge has to step aside from a case because of a possible conflict of interest. It is thought that various Supreme Court justices have recused themselves from numerous cases, but no such information is made public.

The National can reveal the Information Commissioner has decided to act after the Supreme Court and the Ministry of Justice for England and Wales failed to reply to blogger and campaigner Peter Cherbi’s request for information.

A register of recusals has been in existence for several years in Scotland – it can be viewed online – and Cherbi wants to see the system extended to all the judiciary in the UK.

The Information Commissioner told Cherbi, above: “As the Supreme Court has failed to respond to your information request within the statutory time limit set out in section 10 (1) of the Freedom of Information Act, the Commissioner can now start the process of ordering a decision notice on this case.

“A decision notice is a legally binding document that will require the public authority to provide a response.”

Sources at the Supreme Court have indicated that the decision notice has not been received by the court, but that it will be acted upon.

Cherbi’s long-term aim is to see the creation of a register of judicial interests similar to that which MPs, MSPs and police officers must complete. His petition calling for that register has been debated by MSPs for nearly six years, and a decision is due next year. He feels the delay is an attempt to stop the register of interests. The National can reveal that lawyers in London support Cherbi’s case, but think judges will oppose it.

One legal source said: “They fear recusals up here in Scotland are inevitably leading to a register of judicial interests and it will lead to the same thing happening in England and Wales.”

The Supreme Court has already decided against a register of interests, stating: “The justices have decided it would not be appropriate, or indeed feasible, for them to have a comprehensive register of interests, as it would be impossible for them to identify all the interests, which might conceivably arise, in any future case that came before them.

“To draw up a register of interests, which people believed to be complete, could potentially be misleading. Instead the justices of the Supreme Court have agreed a formal code of conduct by which they will all be bound, and which is now publicly available on the court’s website.

“In addition, all the justices have taken the judicial oath … which obliges them to ‘do right to all manner of people after the law and usages of this realm without fear or favour, affection or ill will.

“And, as is already the practice with other members of the judiciary, they will continue to declare any interest which arises in the context of a particular case and, if necessary, recuse themselves, whether it is a substantive hearing, or an application for permission to appeal.”

Cherbi said: “Refusing access to information is not accidental. We are looking here at a coordinated attempt to thwart the introduction of Scottish judicial transparency to the rest of the UK.”

The Ministry of Justice referred The National to the Supreme Court where a spokesman confirmed that they were awaiting the Commissioner’s formal decision.

Supreme Court finally responds to Scottish FoI request about recusals … and rejects it

Martin Hannan Journalist 06 September 2017

THE UK Supreme Court has refused to issue information on how many of its justices have stood aside from cases because of a conflict of interest.

The National revealed last week that the Information Commissioner in England had ordered the Supreme Court to deal with Scottish law campaigner Peter Cherbi’s freedom of information request after it failed to reply to him in time.

Now the Supreme Court has written to Cherbi apologising for failing to deal with his request timeously but saying it will not give him the information as it would cost too much to provide it.

“That’s just ludicrous,” Cherbi said yesterday, “and it just makes people all the more suspicious that the Supreme Court is covering up something that the public should have the right to know.”

In another development, Cherbi is to ask the Scottish Parliament’s Petitions Committee to invite the new President of the Supreme Court to give evidence as to why she and her fellow justices oppose a register of interests for the judiciary similar to that for MPs and police officers.

The committee has been discussing Cherbi’s call for a register of judicial interests in Scotland for almost five years.

Cherbi said: “I would like Lady Hale to come to Holyrood and explain why the UK Supreme Court’s members are so set against a register of interests.

“We have already seen Scotland’s top judges opposing it, and it would be good to know why the UK Supreme Court opposes it – after all, the Supreme Court sits in judgement on Scottish cases all the time, so why should the public not be able to see what interests, financial and otherwise, that judges have?

“As the President of the UK Supreme Court, Baroness Hale will be able to give a substantive account of why Supreme Court justices no longer consider they require to adhere to the expectation of completing a register of interests as they did pre-UK Supreme Court days as Law Lords in the House of Lords.

“After all, we ask our MPs and MSPs and police officers to register their interests so that everything is seen to be above board, so why not the judges in the highest court in the land?”

Cherbi also wants Lady Hale to tell the committee why the Supreme Court does not keep a register of recusals (when judges step aside from a case) as happens in the Scottish courts.

In its delayed response to Cherbi, the Supreme Court said: “To provide you with the information on the scale that you have requested would require a search of individual paper case records. We do not maintain a central record of any such requests as there is no business need to do so. Section 12 of the Freedom Of Information Act makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for central government is set at £600.

“This represents the estimated cost of one person spending 3.5 working days in determining whether the department holds the information, locating, retrieving and extracting the information.

“As your request is widely framed, I estimate that it will take us more than 3.5 working days to determine appropriate material within the scope of your request, and locate, retrieve and extract that information.”

A legal expert told The National: “The information on recusals certainly exists, so all that needs to be done is to send an email to the justices and their assistants and the information could be gathered in a day.”

Cherbi said: “We have a register of recusals in Scotland. It’s time they had one for the Supreme Court and all English and Welsh courts.”

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

Recent reforms to the way in which judicial recusals are recorded and entered in Scotland’s register of judicial recusals were reported here: RECUSALS JUST GOT REAL: Judicial Office concedes to reforms for Judicial Recusals Register, full case details where judges stand down from court hearings to be entered after media & FOI probe success

 

 

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

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

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

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

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

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

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

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

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

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

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

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

Executive: Property Letting.

Chief Superintendent: Education, Entertainment, Property Letting.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The subsequent response from Police Scotland revealed:

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

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

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

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

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

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

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

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

COPS DECLARE, JUDGES CONCEAL:

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

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

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

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

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

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

 

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JUDICIAL REGISTER: Calls for all UK judges including UK Supreme Court, and Tribunals to declare links to business, wealth, professional & other interests in published registers of interests

All UK Judges & tribunals should declare interests. AS THE Scottish Parliament continues an investigation into proposals calling for members of the Judiciary of Scotland to declare their interests, a call has been made to roll out a publicly available judicial register for all judges & tribunals all across the UK.

Calls to bring all UK judges, including top judges based at the UK Supreme Court, and all tribunal members into line with judicial transparency proposals currently being considered in Scotland – would require those who sit in judgement to declare all interests, professional & personal links, wealth, property and other interests, in a register of interests, similar to disclosures made by politicians and others in public life.

The move comes after a recent development where Scotland’s top judge conceded to calls for full transparency on judicial recusals, reported last week here: RECUSALS JUST GOT REAL: Judicial Office concedes to reforms for Judicial Recusals Register, full case details where judges stand down from court hearings to be entered after media & FOI probe success

Attempts by Scotland’s judiciary to become more transparent and open up the workings of Scotland’s courts and judiciary to the public, have come in response to MSPs consideration of judicial transparency proposals contained in Petition PE1458: Register of Interests for members of Scotland’s judiciary.

The petition, 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.

The creation of such a register would ensure full transparency for the most powerful people in the justice system – the judiciary.

The resulting publicly available register of judicial interests would contain 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.

A full listing of evidence in support of the petition calling for a register of judicial interests can be found here: JUDICIAL REGISTER: Evidence lodged by Judicial Investigators, campaigners, judges & journalists in four year Holyrood probe on judges’ interests – points to increased public awareness of judiciary, expectation of transparency in court

And, two of Scotland’s recent top judges, former Lord President Lord Brian Gill, and current Lord President Lord Carloway, have testified before the Scottish Parliament on the petition, both failing to prove any case against creating a register of judicial interests.

A report on Lord Brian Gill’s evidence to the Scottish Parliament in November 2015 can be found here: JUDGE ANOTHER DAY: Sparks fly as top judge demands MSPs close investigation on judges’ secret wealth & interests – Petitions Committee Chief brands Lord Gill’s evidence as “passive aggression”

A report on Lord Carloway’s widely criticised evidence to the Scottish Parliament in July 2017 can be found here: REGISTER TO JUDGE: Lord Carloway criticised after he blasts Parliament probe on judicial transparency – Top judge says register of judges’ interests should only be created if judiciary discover scandal or corruption within their own ranks

The National reports on recent developments here:

Fresh call for all UK judges to register interests

Campaigner says UKSupreme Court should follow Scotland example on Judicial Recusals

Martin Hannan Journalist 2 August 2017 The National

THE UK Supreme Court and the courts in England and Wales and all tribunals across Britain do not have a system that shows where judges and tribunal members have been forced to step aside from cases due to actual or possible conflicts of interest.

As The National revealed on Monday, Scotland is shortly going to have an expanded register of judicial recusals that records when judges and sheriffs withdraw from cases, but no such register exists for the judiciary south of the Border or for any public tribunal.

Now the legal campaigner who has fought for Scottish judges to declare their interests for more than five years is calling on UK Supreme Court justices, the English and Welsh judiciary and the various tribunals to do the same and keep a register of recusals.

Peter Cherbi’s current petition before the Scottish Parliament is asking that the judiciary in this country declare their financial interests, as US Supreme Court Justices must do.

Cherbi accepts, however, that the Judicial Office in Scotland has already acted to bring in a more details register of recusals. Now he wants the UK Supreme Court to do the same.

Cherbi said: “We have now moved forward in Scotland in terms of judicial transparency with the publication of judicial recusals. If Scotland can do it, so can England and Wales, and the courts in Northern Ireland. The English justice system touts itself worldwide as the law of choice for litigants. If this is truly the case, then it is for the UK judiciary to be as transparent as Scotland and publish their own recusal register, and a register of interests as we are working on here.

“With the recent announcement of Lady Hale being appointed as President of the UK Supreme Court, I will be writing to her, requesting she consider creating a register of recusals for UKSC, as so far, the UK Supreme Court has also been silent on matters of recusals, which the public, court users, and legal representatives have a right to know.

“I shall also be contacting the European Court of Justice and the European Union to ask that courts throughout the EU be encouraged to publish recusal data and more detail on their judges. All EU citizens should have the same entitlements to judicial transparency we are now creating in Scotland.”

Cherbi thinks the Supreme Court and English and Welsh courts can lean learn from the experience here, where a register of recusals has been kept since 2014 and which is to be expanded.

He said: “Our approach in Scotland to improving courtroom and judicial transparency, fuelled by the hard work of cross party MSPs, the Scottish Parliament, fantastic support from Judicial Complaints Reviewers Moi Ali and Gillian Thompson, and backing by the media is a good reminder that team work and cross party support can bring significant change for the good.”

He also wants entities such as employment tribunals to be more open: “My ongoing investigations into tribunals suggests declarations of interests are more often than not concealed, and recusals are few and far between, if ever occurring, and there is little if anything those before tribunals can do about it.

“The public, who are being judged, are entitled to know who their judges are. It is as simple as that.

“Those who judge cannot be judge in their own cause, nor write and approve their own rules, without expectation of full transparency and accountability. Independence of the judiciary is guaranteed, and no one would ever question it. However, those who judge must live by the same laws and expectations of transparency they enforce upon the rest of us.

A spokesman for the UK Supreme Courts said: “Justices are bound by their judicial oath and a code of conduct to declare any relevant interest in a case to the parties, before they consider the matter. There are no current plans to publish a register of recusals.”

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

 

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REGISTER TO JUDGE: Lord Carloway criticised after he blasts Parliament probe on judicial transparency – Top judge says register of judges’ interests should only be created if judiciary discover scandal or corruption within their own ranks

Lord Carloway – judges will not declare interests. SCOTLAND’S top judge has come in for sharp criticism after telling MSPs he is against judicial transparency and the creation of a register of judges’ interests – unless scandal or corruption is discovered by the judiciary within their own ranks.

Yesterday, Lord Carloway (real name Colin Sutherland) appeared before members of Holyrood’s Public Petitions Committee, where in his evidence, the judge blasted transparency, court users, litigants the press, public, the internet and even social media – as reasons judges must be exempt from declaring their interests.

Carloway – who earns over £220,000 a year as Scotland’s ‘top judge’ – even declared to MSPs that creating a register of interests for judges would deter recruitment of ‘talented’ lawyers – reported in more detail by The National

The protests from Scotland’s current top judge are in response to MSPs consideration of judicial transparency proposals contained in Petition PE1458: Register of Interests for members of Scotland’s judiciary.

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

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

The short session with Lord Carloway held yesterday, lasted a mere thirty six minutes.

Carloway’s stuttering performance was brought to a swift end by the Convener after detailed lines of questions from Alex Neil MSP saw Scotland’s top judge bounce from subject to subject, unable to offer a single clear reason as to why judges should be treated any differently from others in public life.

The Scottish Sun newspaper reported in today’s edition Alex Neil MSP (SNP Airdrie and Shotts) slammed Lord Carloway’s “extremely unconvincing” argument. He added: “He put no rational case against.”

Lord Carloway’s appearance before MSPs was rated as “poor” by legal insiders, comparing the session to that of his predecessor Lord Brian Gill, who gave evidence to MSPs in November 2015 – after resigning earlier from the post of Lord President in May 2015.

Gill, who had waged a three year battle against the petition, refused to attend the Scottish Parliament on several occasions – a refusal resulting in heavy criticism in the press and from politicians who said Gill had insulted Holyrood.

Scottish Parliament’s Public Petitions Committee’s deliberations on Petition PE1458: Register of Interests for members of Scotland’s judiciary.

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

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

In a statement issued to the media late yesterday, Moi Ali – Scotland’s first Judicial Complaints Reviewer who gave evidence to the Scottish Parliament in 2013, criticised the stance of the Lord President at today’s hearing.

Moi Ali said: “I hold judges in high esteem for the important work they do, but I regret to say that Lord Carloway did a great disservice to the judiciary in his evidence to the Petitions Committee. He appears to have a very low opinion of users of the Court Service, suggesting that people who do not get the result they want may act with resentful, malicious and hostile intent. This is insulting to the public at large.

“His suggestion that a register of interests would lead to retaliation by unsuccessful litigants in the form of online fraud is frankly ludicrous and deeply offensive. I personally handled complaints reviews by unsuccessful litigants when I was the independent Judicial Complaints Reviewer, without any kind of threat or malicious action – even where I did not find in favour of the complainant.”

“I published a register of interests when in that role, despite not being required to do so. Why? Because it’s a basic expectation that that’s what public servants do in the twenty-first century.”

“The fact is that the judiciary do not wish to be open and transparent in this respect, and choose to present themselves as a special case. It seems to me that if a register is required to be completed by MPs, MSPs and public Board members, then it must also be required of the judiciary.”

“My opinion is not founded on a belief that judges are corrupt; rather, it comes from the view that transparency builds trust and confidence. As a society, we must be able to have complete confidence in our judiciary – and that starts with their openness and transparency.”

In a statement to the media, law blogger & petitioner Peter Cherbi said: “Transparency apparently stops at the doors of our courts and that’s it, Judges are to remain judges in their own cause and we shouldn’t have a register of interests until there is a scandal. Not on in 2017.”

Lord Carloway doesn’t seem to consider the fact these litigants and their legal representatives he holds in such distain – prop up his £220K a year job and our courts in exorbitant fees and hundreds of millions of pounds in publicly funded legal aid.

“And just exactly why does transparency inhibit the recruitment of judges? All other branches of public life have registers of interest and do just fine on recruitment. Lord Carloway is really struggling with this one.”

“Moi Ali was right all along. These people are the most powerful, and require the most transparency. Everyone gets the idea of transparency except the judiciary. Time now for a full register of judicial interests and for Parliament to act where the Lord President has failed.”

“Carloway’s arguments against a register are waffle – look at how the Sunday Times was treated in England over the Cruddas case where judges failed to declare interests in their links to political parties.”

“We should remember this is not just about protecting court users, a register is about protecting the public and the media who in many cases as we know, advance the cause of transparency and public interest where Governments, the Executive, public bodies and the courts all fail.”

Full report & video footage of Lord Carloway’s evidence to the Public Petitions Committee:

Lord Carloway evidence on Register of Judges interests Petitions Committee Scottish Parliament 29 June 2017

As the hearing began, Johann Lamont opened questions to Lord Carloway on arguments he put forward relating to “online fraud” as an inhibition to a register of judicial interests.

Carloway failed to provide any example in response to the questions on his own argument, and then claimed he was unaware of details of any other registers of interest.

The Lord President then turned on court litigants, claiming a register of judicial interests and any attempts to bring transparency to the judicial bench would help “paranoid” litigants take revenge on a judge after losing their cases.

Carloway – who has been a judge for 18 years, then went on to castigate financial declarations of interest, claiming if such a register existed he would not be able to hire “lawyers of excellence” for positions up to £200,000 a year judicial jobs.

The Lord President even complained about the level of judicial salaries and pensions during his evidence to MSPs as yet another reason and “disincentive to lawyers of experience and skill to become members of the judiciary”.

He said: “We have a relatively small pool of lawyers of excellence who are capable of taking on the job of being a member of our senior judiciary.

“We have particular difficulties with recruitment at the moment. If I were to say to senior members of the profession, ‘By the way, if you wish to become a judge you will have to declare all your pecuniary interests and open them to public scrutiny’, I have no doubt whatsoever that that would act as a powerful disincentive for lawyers of experience and skill becoming members of the judiciary.

“I can assure the committee, we need them more than they need us.”

In response to questions from Angus MacDonald on declarations of judicial interests in the United States, Lord Carloway said he was not in a position to comment on the US judicial system as he did not know enough about it.

However, it recently emerged Carloway regularly visits judicial gatherings in North America at taxpayers expense and mingles with judicial groups at plush locations for ‘legal conferences’.

Angus MacDonald then challenged Lord Carloway on recusals, in relation to cases where judges have either concealed conflicts of interest or have refused to stand aside from a case.

Mr MacDonald quizzed the Lord President on omissions in the recusals register – to which Lord Carloway said he was not concerned about.

The Lord President then told MSPs there was only one omission he was aware of in the recusals register.

However in response to a recent DOI investigation into judicial recusals, a number of cases are now being studied by journalists which appear to have been omitted from the recusals register.

And in at least one case, it has been alleged court clerks actively discouraged a motion for recusal, and suspicions are, more cases may fall into this category.

In a question from Rhona Mackay MSP (SNP) who asked Lord Carloway what the Law Society of Scotland’s view was on a register of interests.

Lord Carloway bluntly replied “I don’t know the answer to that”.

Maurice Corry MSP then asked Lord Carloway if he would provide further details to the register of recusals and options to make the recusals register more transparent.

Lord Carloway said it was not particularly required to apply further details to the current register of recusals, which is currently published by the Judicial Office with sparse detail.

Angus MacDonald then asked the top judge if he could be content to see clerical errors corrected in the register with a footnote if applied at a later date. Lord Carloway said yes.

Alex Neil MSP, who attended the Petitions Committee as a guest, then asked Lord Carloway if it should be left up to a judge to decide on an issue of principal if it should be left up to a judge to recuse themselves or should it be for the Lord President or the keeper of the rolls to insist upon if there is a conflict of interest.

Lord Caloway said he was happy with the system as it stood.

However Mr Neil pressed Lord Carloway on the point, saying the system was balanced against people who come to court for justice, particularly if they are under resourced or never find out about conflicts of interest in court.

Responding, Lord Carloway reverted to an obscure report prepared by a group of European judges which said there was no need for a register of judicial interests in the UK.

However, the judges and legal team who prepared the GRECO report referred to by Lord Carloway – are also against the introduction of registers of interests for members of the judiciary in the EU.

Carloway then insisted the Scottish judiciary was “not corrupt”, and said he would not even consider a register of interests until there was evidence of corruption.

The Lord President said: “Until such time as it’s demonstrated that there is corruption within the Scottish judiciary, I’m entirely satisfied that there is no requirement for a register of interests and that it would be positively detrimental to the administration of justice, particularly in relation to the recruitment of judges and especially at the higher level of the judiciary.”

Alex Neil put further questions to Lord Carloway, comparing the existence of the register of interests for MSPs which exists at the Scottish Parliament to ensure transparency.

Mr Neil reminded the Lord President the existence of the register of interests for MSPs did not exist due to allegations of corruption, rather to ensure transparency.

Responding to a case quoted by Alex Neil in relation to a construction firm –  Advance Construction Ltd – in which a Court of Session judge & Privy Councillor heard a case eight times which involved his own son – Lord Carloway said he was happy Lord Malcolm acted properly without recusing himself in the case.

Carloway claimed that Lord Malcolm had acted in accordance with the code of judicial ethics.

Carloway was then challenged by Alex Neil on whether the top judge had actually investigated details of the case – to which Carloway initially claimed he was not aware of any documents.

However, pressed on the matter, the judge admitted he had read documents from the individuals named by Mr Neil.

Lord Carloway said “As far as I am aware the documents were not addressed to me, but I could be wrong about that”

An earlier investigation by the media revealed  Lord Malcolm (real name Colin Campbell QC) heard the case in question no less than eight times while his son – Ewen Campbell – worked for Levy & Mcrae  – the Glasgow law firm now subject to multi million pound writs in connection with the £400million collapse of a Gibraltar based hedge fund – Heather Capital.

Ewen Campbell had been appointed to run the case by a judicial colleague of Lord Malcolm & Lord Carloway – Sheriff Peter Watson who was at the time a senior partner of Levy & Mcrae.

Sheriff Watson was since suspended from the judiciary by Lord Brian Gill, who as Lord President in 2015, suspended Watson to protect public confidence in the judiciary – after both Watson and Levy & Mcrae were named in a multi million pound writ relating to the loss of millions of pounds in the collapse of the Heather Capital hedge fund.

Responding to further points raised by Alex Neil, Lord Carloway hit out against suggestions judges should register what their relatives are doing and where they are working.

Carloway said “this was going way beyond I suspect what is expected of politicians in a register of interests”.

However, Alex Neil informed Lord Carloway that MSPs are already required to register what their close relatives do.

In response, Lord Carloway compared politicians to members of the judiciary, and claimed judges require a different type of independence as enjoyed by politicians.

The top judge said interests in the judiciary usually relate to social connections with people rather than pecuniary interests, which do not appear in the register of recusals.

However, as there are no requirements to declare pecuniary interests in the current recusals register, it is of particular note not one financial related recusal has appeared in the register of recusals, which covers 700 members of the judiciary, some of whom are earning up to £220,000 a year, and for many years.

In further points put to Lord Carloway, Mr Neil said that the perception of fairness is not present in the way matters are conducted in court.

In response, Carloway again referred back to the case mentioned by Mr Neil, saying he was happy with the way in which Lord Malcolm, had handled the court correctly.

Carloway claimed there was no active involvement whatsoever by Lord Malcolm’s son – Ewen Campbell – who is now an advocate.

However, Ewen Campbell’s name is listed on court papers from the outset of hearings in the Court of Session in front of his father, Lord Malcolm.

And, it has since emerged a written and signed statement by Ewen Campbell as a witness in the case mentioned by Alex Neil has been provided to journalists, along with a statement signed by suspended sheriff Peter Watson – a judicial colleague of Lord Carloway.

These developments and statements, which are to be published in a further investigation into judicial recusals, now calls into question Lord Carloway’s claims in his evidence to MSPs.

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

 

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