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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Johan Findlay JP OBE Honorary Sheriff Justice of the Peace

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

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

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

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

Joe Al-Gharabally: Ernst & Young

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

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

Eric McQueen: Member of the Scottish Civil Justice Council

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

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

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

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

 

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PARLIAMENT ACCOUNTS: How Scotland’s judiciary & courts blew £58 million of taxpayers cash on ‘improvements’ to the Court of Session & Parliament House

‘Sundries’ befitting courts & judges: £2.78m. SCOTLAND’S top judges and their attendants at the Scottish Courts and Tribunals Service (SCTS) don’t do detail when it comes to accounting for a £58 million raid on taxpayers cash – to fund ‘improvements’ to Parliament House – seat of the Court of Session.

According to documents released by the SCTS in response to a Freedom of Information request, the staggering £57,517,062.82 splurge on the well known, if rotting, bleak and life ending Parliament House gives little detail to public eyes on exactly what work took place.

In one accounts category, a grand total of £2,780,612.72 of public cash falls under the heading of “Sundries under £100K” – reminiscent of an entry from the ledger of Al Capone’s not so fabled book keeper in the days of  “The Untouchables”.

And, ironically, the City of Edinburgh Council – who used to own the building before Scottish Ministers took the titles for themselves – were paid the sum of £2,436,439.45 as part of the works plan – small compensation for the loss of a building right in the centre of Edinburgh, valued potentially as a site in the hundreds of millions of pounds.

The ‘full’ figures released in documents provided by the SCTS in terms of where the money went reveal the following: Aedas ARCHITECTS £3,014,605.06, Amec Initial building contractor £101,669.52, Archibald McKellar Ltd furniture £259,024.15, City of Edinburgh Council Costs for decant to 1a during works  £2,436,439.45, Currie and Brown Project managers £3,292,438.75, Davis Langdon Cost consultants £554,067.40, Dinardo Partnership Services consultant  £112,672.00, GHI Fit out contractor £858,338.19, Guardian  Storage and removals £269,646.09, Hands of Wycombe  furniture £377,036.41, Heriot Video AV AV court kit £219,729.81, Interserve  Main contractor £42,030,146.95, Thomas Johnstone Limited Fit out contractor £1,021,776.27, W Stewart Client advisor £188,860.05, Sundries under £100k Miscellaneous £2,780,612.72, TOTAL £57,517,062.82

In truth, and to those who have passed through the unfriendly halls of this intimidating structure – which also serves as the command post of Scotland’s Lord President & Lord Justice General – currently Lord Carloway (Colin Sutherland), Parliament House differs little from the mid 1990’s.

Just how was this multi million pound judicial gorge on the public purse explained to the public and Scottish Parliament? Watch the following:

SCTS Chief Eric McQueen to MSPs – We spent £58 million of public cash on Parliament House

During questions from Justice Committee MSPs, SCS Chief Executive Eric McQueen gave evidence on the massive £60 million taxpayer funded spend on Parliament House.

The Court Service Chief told MSPs: “We are just coming to the end of the Parliament house contract; in total, the budget for it was £65 million and I think that we expect the final spend to be in the low £60 millions. The project has been delivered on budget, on time and on quality. How it has been delivered is a tribute to the Scottish Court Service.

McQueen continued: “I will give a potted history of the Parliament house situation. About 10 years ago, a scheme was in place that was going to run to way over £120 million. That was brought to a stop to allow us to reassess things and to consider the best strategy. At the same time, we looked at a business case for moving away from Parliament house altogether and having a development on a greenfield or brownfield site on the outskirts of Edinburgh. The major problem with Parliament house is that it is a grade A listed building and is a site of special historical interest. It should be a landmark building for the whole of Scotland.”

In an intervention, the Convener of the Justice Committee – Christine Grahame MSP said: “I am glad that you did not move to a greenfield site. It would have been a bit like going to B&Q. I do not mean to malign B&Q, but I like the old Parliament house building.”

Eric McQueen replied : “Had the decision been taken to move out of Parliament house, that asset would have been left with the Scottish Government. The infrastructure and the services were shot, and there was no fire certificate in place for the building. It would have cost as much to move out as to redevelop the building. From the point of view of the benefit to the nation and to the Scottish Government’s purse, the investment of the £65 million in Parliament house over that five or six year period was quite a sensible business case decision.”

Sitting beside Eric McQueen was Lord President Brian Gill, who did not at any stage of the meeting volunteer information to the Justice Committee in relation to the titles arrangements of Parliament House, despite the multi million pound taxpayer funded refurbishment.

Last year Diary of Injustice reported on the City of Edinburgh Council’s efforts to recover the titles to Parliament House after land reform campaigner Andy Wightman – now an MSP – revealed land titles to the buildings of Scotland’s top courts were ‘gifted’ by Scottish Ministers to the Faculty of Advocates.

A disclosure of eighty eight pages of documents released to DOI under Freedom of Information legislation – revealed at the time the Scottish Government had no plans to act over their handing over of the Parliament Hall land titles to the Faculty of Advocates.

Documents released by the Scottish Government and published by DOI also revealed the former Dean of the Faculty of Advocates – James Wolffe QC (now Lord Advocate) – refused to give any expectation of success on attempts by Edinburgh Council to recover public ownership of titles to Parliament House and the Laigh Hall.

In a separate 47 page Freedom of Information document release by Registers of Scotland (RoS)– the body charged with registering land ownership in Scotland – several documents highlight Scottish Government civil servants scrambling to protect Ministers from questions over the titles loss in the Scottish Parliament while vested legal interests are of a clear persuasion titles should be handed over to the Faculty of Advocates. Attempts by Edinburgh Council to recover the Parliament Hall titles ended in a failed legal action, reported here: WOLFFE HALL: Papers reveal Council’s legal action ‘abandoned’, £320K Faculty refurbishment of Laigh Hall.

Previous reports on the loss of public ownership of Scotland’s top court – Parliament House can be found here: Parliament House – The lost titles to the City of Edinburgh

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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AXIS TO JUSTICE: ‘Treat lawyers like Hospitals & Police’, Democracy ‘at risk’ if state refuses to fund litigants – Law Society & Faculty of Advocates attack plans to make secretive, slow Scots courts self funding

Fund lawyers like nurses & public services – say lawyers. DURING TIMES of financial crisis, Brexit woes and growing demands on nurses, doctors, the NHS, Police, education and everything else. public services should be forced to take an equal seat to the spiralling billions of pounds of public cash lavished on lawyers, the courts and legal aid – according to claims from the legal profession.

The demand for equal treatment to public cash comes from the Law Society of Scotland and the Faculty of Advocates – who, along with other legal vested interests – are calling for the state to fund all court actions and treat lawyers in the same ‘deserving of public funds’ category as medical care provided by the National Health Service, education, social care and Police.

The latest call from the Law Society of Scotland to increase – by millions more – the flow of public cash into legal business and struggling lawyers pockets – comes in answer to plans by the Scottish Government to hike court fees by up to 25% and turn the closed shop, secretive, slow and unjustly expensive Scottish courts run by the Scottish Courts and Tribunals Service (SCTS) into a self funding operation.

However, under the guise of defending ‘access to justice’ – loosely translated to ‘public cash for lawyers’ – the Law Society state in their response: “Plans to introduce the full recovery of civil court costs in Scotland would be damaging to access to justice, particularly for those bringing forward personal injury cases and more vulnerable people.”

The Law Society of Scotland’s response to the Scottish Government’s consultation on Court Fees goes on to state “any move towards full cost recovery should be avoided” and “that the state has a duty to help people in achieve ‘equality of arms’ in the courtroom.”

The Law Society also claims that a proposal to introduce a 24% rise in court fees would be ‘unjust and unjustifiable’.

Syd Smith, from the Law Society of Scotland’s Remuneration Committee, representing the views of pursuers’ solicitors, said: “We believe it is essential that the courts should provide an independent and impartial forum for resolving disputes between people or organisations and that the state has a duty to help those involved have equality of arms when their cases go to court.”

The Law Society has said that any new system for court fees would have to ensure they were proportionate, taking into account Lord Gill’s Review of the Scottish Civil Courts, and the findings of Sheriff Taylor in his Review of Expenses and Funding of Civil Litigation in Scotland.

Mr Smith said: “We think the focus of any review of court fees should be on redressing the balance between claimants and defenders in personal injury cases. However if the government’s aim is to have a system where 100% of the cost of the courts are covered by fees paid by those involved in the actions lodged, it will be vital to have proportionate fee levels.

“The consultation option to introduce a 24% rise in court fees would represent an unjust and unjustifiable increase which would create a very real barrier to access to justice for claimants especially vulnerable people who have suffered life changing personal injuries.

“Any change to the current system also needs to recognise that there is not a level playing field between personal injury claimants and the insurance companies who are the defenders in those claims. Any changes which fail to recognise this problem risk widening the existing gap.”

Going a little further, and backing up their legal vested interest colleagues, the Faculty of Advocates response to the Court Fees consultation claims democracy could not function if the state did not pay for litigants to sue everyone under the sun in the same way convicted mass murderers and fraudsters empty hundreds of millions of pounds of Criminal legal aid from the public purse.

A submission from the Faculty of Advocates to the Court Fees consultation states: “The civil justice system should be funded by the state from general taxation…(it) is a cornerstone of a democratic state…(and) is vital to every citizen, whether or not he or she ever becomes a litigant,”

“No part of our democratic society could function without our civil law being maintained by the operation of our courts. There is no warrant to shift the cost of the courts entirely on to litigants when the whole of society benefits from them,”

“As a matter of principle, the civil justice system should be funded by the state, not litigants,” it said.

“The civil justice system is a cornerstone of a democratic state. It is the duty of the state to provide an accessible civil justice system…To the benefit of society at large, the law is made, declared or clarified daily by the civil courts. The civil justice system is vital to every citizen, whether or not he or she ever becomes a litigant. The benefits to society justify it being funded in full from general taxation.

“Many state-provided services are funded from general revenue, on the basis that these services benefit the whole of society, and not just those in immediate need of them. Our society accepts that, without regard to their means to pay, individuals should have access to medical care, and that every sort of person should be served by the police and emergency services.

“The Scottish Government has recognised that charging tuition fees to students limits access to higher education for many and that charging for prescriptions might deter people from seeking medical assistance. The Faculty considers that access to the courts is of equal importance.”

The Faculty believed that the proposed increases would be likely to impede access to justice, and that requiring a person to pay expensive court fees could be a breach of Article 6 of the European Convention on Human Rights, which protects access to a court.

“The funding of the civil justice system by litigants rather than the state does not protect access to justice, it hinders it.

“If even a few people are deterred from litigating a good claim or defence, that is seriously damaging justice. There may be many more than a few who are so deterred, of course,” said the Faculty.

“The system of court fees exemptions is inadequate to protect access to justice…the thresholds for exemptions are set very low.”

So, the next time you need emergency medical care, the Police, education for your children, help with homelessness or any other public service – remember not to call the well trained and dedicated people who staff these vital arteries of life.

Instead, call a lawyer and insist your taxes, your hard earned savings (if any) and dwindling assets are handed over to fund a solicitor, court clerks, a struggling Sheriff on £160K a year or a £230K a year Court of Session judge – just like the Law Society of Scotland said – because you know – lawyers have your interests and ‘access to justice’ as their priority.

GIVE CROWN OFFICE MORE MONEY – Law Society to MSPs.

In a second take on the more public cash for lawyers approach, earlier this week the Law Society of Scotland also demanded more public cash be given to the struggling Crown Office & Procurator Fiscal Service (COPFS) – who are forced to eek out an existence on a staggering £112 million a year.

In written evidence to a Scottish Parliament Justice Committee inquiry into the workings of Scotland’s “Institutionally corrupt” Crown Office, the Law Society of Scotland has said that consideration will be needed to ensure that the service provided by Crown Office and Procurator Fiscal Service (COPFS) and others is accessible and inclusive for all members of society.

In its response to an Inquiry on the role and purpose of the COPFS, the Society also stated that all participants involved in the criminal justice system have responded to a number of reforms during a time of significant financial pressure.

Ian Cruickshank, convener of the Law Society of Scotland Criminal Law Committee, said: “It’s important that the criminal justice system evolves and makes use of new technology which can help improve the service particularly when there continues to be financial pressures alongside increasing numbers of serious crime reported to the COPFS and legislative developments.

“However it is important to be aware of the potential impact on core services at a local level and on access to justice. There will need to be careful consideration on how best to ensure the service provided by the COPFS and others within the criminal justice system is accessible and inclusive to all member of society.

“Lack of resources has had an impact on the preparation and the time available for presenting criminal prosecutions in our courts. The number of prosecutions resulting in court disposals has decreased in the past five years, however the complexity of the impact of recent legislation, and the complexity of certain types of cases reported, means more preparation and court time is required.”

Previous reports on how much the Law Society of Scotland values your ‘access to justice’ and their vested interests, can be found in the archive of reports, here: Law Society of Scotland

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Johan Findlay JP OBE Honorary Sheriff Justice of the Peace

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

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

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

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

Joe Al-Gharabally: Ernst & Young

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

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

Eric McQueen: Member of the Scottish Civil Justice Council

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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