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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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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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GOOD LORD, GLITCHES: “Gremlins & Glitches” theme of Lord Carloway’s opening of new legal year – Court of Session misses out on promised digital reforms, top judge takes swipe on judicial appointments in Law Society speech

Lord Carloway opens legal year 17-18. SCOTLAND’S top judge has marked the opening of the new legal year with an admission of significant problems with the rollout of digital technology in Scotland’s creaking, Victorian era courts & justice system.

Lord President and Lord Justice General – Lord Carloway (real name Colin Sutherland) – who presides over a £42milion a year 700 strong group of Sheriffs & Sheriffs Principal, Justices of the Peace and Court of Session judges who call themselves “Senators” – told his handpicked, closed door legal world audience that “Gremlins and glitches” had yet again slowed down major digital technology reforms.

Luckily for the creaking Court of Session and it’s judges – who are known to despise transparency and openly snear, perhaps even smite media intrusions into their haphazard and often calamitously costly hearings to litigants – Lord Carloway added integrated digital reforms were still some way off from impinging on salivating legal teams fees, which can in some cases have resulted in tens of thousands of pounds for what passes as a day’s ‘work’.

Carloway, spoke to an audience which included Lord Thomas, the Lord Chief Justice of England and Wales  and Lady Thomas, along with Sir Declan Morgan, the Chief Justice of Northern Ireland and Lady Morgan, Mr Justice Frank Clarke the new Chief Justice of Ireland and President of the Irish Supreme Court, Mr Justice John MacMenamin, a member of the Supreme Court in Ireland – and the new President of the United Kingdom Supreme Court, Baroness Hale and her husband, Dr Julian Farrand.

Lord Carloway told his audience: “As is often the case, pronouncements, about the advent of digital technology as the panacea for procedural and evidential woes, have proved somewhat optimistic. The new digital Integrated Case Management System has been rolled out in the sheriff courts, but glitches and gremlins have slowed its process. Even assuming that the digital portal, which is designed to absorb all court documents, including productions, into the ICMS, will be operational in the not too distant future, it may still be some time before the ICMS is introduced to the Court of Session.”

However, earlier this year, in late February of this year, The Times reportedLord Carloway –  “Scotland’s most senior judge has claimed that the Scots legal system is stuck in the 19th century and needs to be modernised to provide better justice.

Lord Carloway, the lord president of the Court of Session and lord justice general of the High Court, claimed that many rules and procedures appeared to be “preserved in aspic”.

Dear oh dear. The Scottish Courts and Tribunals Service (SCTS) received over £105million of public cash in the latest Scottish Government budget. If the courts cannot achieve a visit to PC World on £100million a year to equip the ageing Court of Session justiciary with an integrated computer framework, well, the public are not getting value for money.

Admittedly, over £11million of that figure is directed to the judiciary, in an effort to split the ever burgeoning judicial budget which hit £40.5million in 2016.

Alas, as in many public body accounts in Scotland – Cayman Islands style creative accounting  became the in-thing – where some Scottish Government Minister decided it would be good figure fiddling to split the judicial budget into two. That way, the financial accounts look like the judiciary took a £12million a year hit, yet in reality they now receive a near £12million bung via the main Courts budget.

And, yet, in yesterday’s Opening of the Legal Year 2017-2018 address to the usual closed shop audience, ever closed for fear of public criticism – amongst a speech of gremlins, glitches & the goonies, Lord Carloway reverts back to the myths of a ‘respectable’ and functioning justice system, which rests firmly in the day dreams of Scotland’s judicary, and annual profits of mostly Edinburgh based law firms and cash collectors – otherwise known as the Faculty of Advocates.

Lord Carloway’s Opening of the Legal Year 2017-2018 speech in full:

Welcome everyone to the opening of the legal year. First let me thank you all for coming. Can I first introduce our guests from our neighbouring jurisdictions:

Lord Thomas, the Lord Chief Justice of England and Wales and President of the Courts of that jurisdiction and Lady Thomas;

Sir Declan Morgan, the Chief Justice of Northern Ireland and Lady Morgan

Mr Justice Frank Clarke the new Chief Justice of Ireland and President of the Irish Supreme Court

Mr Justice John MacMenamin, a member of the Supreme Court in Ireland

and a welcome return to Edinburgh to the new President of the United Kingdom Supreme Court, Lady Hale and Dr Julian Farrand

I am also pleased to welcome the Cabinet Secretary for Justice, Michael Matheson, Annabelle Ewing, Minister for Community Safety and Legal Affairs and Paul Johnston, the Director General for Education, Communities and Justice.

It is also a pleasure to have with us Liam McCollum, Chair of the Bar of Northern Ireland, Paul McGarry, the Chair of the Bar of Ireland, Seamus Woulfe, the Attorney General of Ireland and David Barniville, also from the Bar of Ireland.

Without indulging in a lengthy essay on the current state of the Scottish Courts and Tribunals, I would like to say a few words about where we are now and where we are going next.

We have now seen the structural changes of the Courts Reform Act bedding in; with the advent of the Sheriff Appeal Court, the All Scotland Sheriff Personal Injuries Court and the raising of the exclusive jurisdiction of the sheriff court to £100,000. We have introduced important changes to the structure of Scotland’s tribunals, with the establishment of the First-tier Tribunal for Scotland and the creation of distinct chambers for housing and property and for taxation.

As anticipated by the reforms, there has been a significant reduction in both appellate and first instance civil work in the Court of Session and in summary criminal appeals to the High Court. There has also been a predicted drop in the number of commercial cases. As a consequence of all of this, this court the Court of Session ought to become leaner, trimmer and fitter in the coming years.

There ought to be a significant reduction in waiting times for civil first instance and appellate hearings. This has already happened with appeals, which are generally being disposed of (including judgment) on average within 8 months of marking. Proofs of 4 days duration are fixed within 6 months of the request to do so. However, I fully recognise that further work requires to be carried out to accommodate longer proofs, within much shorter time-scales. I include in that equation the issue of the final opinion. This will be achieved partly as a consequence of the abolition of court terms in the coming year. This has already seen some of these proofs being allocated over what was formerly known as the Summer Vacation or Recess.

The policy of having at least 4 non-commercial judges in the Outer House over a period of at least three months will continue, or rather increase to five, so as to avoid any criticism that ordinary first instance business is being regarded as less of a priority than other work. Major inroads have been made in relation to providing all judges with sufficient writing time in civil cases. Statistically, there has been a substantial improvement in the time taken to issue judgments, even if there continue to be problems in specific cases.

The High Court is already processing solemn appeals as efficiently as is reasonably practicable with disposals occurring within 6 months of the grant of leave. It is anticipated that far fewer criminal appeal courts will be needed in the coming months. This will mean that we will be able to continue to run two civil Divisions each week if necessary. The post reform developments will result in much less reliance on retired or temporary judges and, in the sheriff courts, dependence upon fee paid and retired sheriffs. I remain very conscious of the fact that almost all High Court cases require an extension of time. However, I do not consider that this is caused by an inefficiency in the system. Rather, the introduction of enhanced disclosure, the need to search electronic databases and social media and advances in forensic science have made it all but impossible to comply with timescales set in a different era whilst at the same time accommodating the diaries of parties’ legal representatives. As a result of concerted efforts over the past year, all sheriff courts are now able to fix summary trial diets within the optimal 16 week timescale. In relation to domestic abuse cases that timescale is under 10 weeks. Reform in sheriff and jury practice ought to place the sheriff courts onto a similar efficient footing to the High Court.

As I said at this time last year, the focus must now change from structure to function. As is often the case, pronouncements, about the advent of digital technology as the panacea for procedural and evidential woes, have proved somewhat optimistic. The new digital Integrated Case Management System has been rolled out in the sheriff courts, but glitches and gremlins have slowed its process. Even assuming that the digital portal, which is designed to absorb all court documents, including productions, into the ICMS, will be operational in the not too distant future, it may still be some time before the ICMS is introduced to the Court of Session.

The enormously ambitious rules rewrite project, under the auspices of the Scottish Civil Justice Council, continues apace. Having produced its first report, the project now enters a second stage designed to develop a core narrative of draft civil rules applicable in both the Court of Session and the sheriff court. It has, to some, rather dull aspects, but the development of case management powers in relation to the conduct of proofs and other hearings will see an exciting change in the way things are done and the time which it takes to do them; provided, that is, that we continue to have a judiciary committed to improvement.

The next significant reform in solemn criminal procedure will be the expanded use of recorded evidence with vulnerable and child witnesses. This is already done, although not always consistently across the board. It is in summary criminal procedure that greater change is anticipated with fundamental proposals being made following upon the “New Model” paper produced earlier this year. The plan is to have all pre-trial procedures conducted by a digital case management process. More important will be the creation of a means to store, manage and share evidence digitally and securely. The idea that truth can be ascertained by using a combination of memory test, pressure and general inconvenience to witnesses will be replaced by a system which gives far greater precedence to images and statements recorded electronically at or about the time of the relevant incident and to the need to accommodate witnesses generally.

I would now wish to thank all of my judicial colleagues, especially the Lord Justice Clerk, Lady Dorrian, for their continued help and support. I am grateful to the administrative judges Lords Malcolm (formerly Lord Menzies), Turnbull, Boyd and Matthews, for all their assistance throughout the year. I also thank the SCTS chief executive, Eric McQueen, the new head of the Judicial Office, Tim Barraclough, our new Principal Clerk, Gillian Prentice, and all the court clerks and other staff working here in Parliament House, in the High Court Centres and throughout the country. Their commitment and hard work remain important an driving force in ensuring not only the continued existence of the justice system but also its progress. I have also very much appreciated the court’s continuing engagement with the Law Officers, all of whom are here today, in helping to develop policies and plans, both past and future, which make the system, as it is at present, fit for the 21st century.

Not least, I wish to thank the legal profession, especially those institutions represented here today, including the Faculty, the WS, SSC and Law Society, and also all those many counsel and solicitors who have participated so willingly, and for no reward, in the committees and working groups now beavering away in the background, for their dedication to the Scottish Legal System, for the effort which all have put in over the last year and in anticipation of the invaluable work which they will be carrying out in the coming year.

Lord Carloway, Lord President 25 September 2017

THE LORD PRESIDENT’S OTHER SPEECH:

The duties of a Lord President and his judges are far and wide.

International travel junkets akin to playing diplomat, or perhaps as unmasked by media attention – just charging up the taxpayer for ‘law conferences’ around the world in 5-Star hotels with golf courses, river tours and first class travel.

Or just a trip across Edinburgh to a law conference, the Lord President does not miss an opportunity to get his oar in give a speech, even if only to a shady bunch at the Law Society of Scotland annual conference – whose members are well practiced in dodging those murky Police Scotland & Crown Office hit-a-brick-wall probes into mortgage dealing, money laundering & bulk buying of properties on the cheap.

While the focus of Lord Carloway’s speech to the Law Society of Scotland audience, already fattened on over £1.3billion pounds of legal aid since the 2008 financial crash, and countless Scottish Government contracts of up to £20million a year and tens of millions more fleeced from public authorities & public bodies, the top judge took another swipe at those who may ‘interfere’ with a measure of transparency in the junta-like regime of Scotland’s courts & judiciary.

Lord Carloway breezed to his Law Society audience: “Under the ancien regime, before the advent of the Judicial Appointments Board, judges and sheriffs were recommended to the Queen for appointment by the Secretary of State, following consultation with the Lord Advocate and, in practice, the Lord President . It was perceived, by some, perhaps many, that judges were the product of cronyism or political patronage. It is true to say that every Lord Advocate in the century or so prior to 1970 was appointed to a superior court bench. Many nominated themselves as Lord President , Lord Justice Clerk  or became judges in the House of Lords .”

“That tradition was broken not so much with the appointment of Lord Wilson of Langside, who became Director of the old Scottish Courts Administration (now the Scottish Courts and Tribunal Service) and then Sheriff Principal of Glasgow, but when Norman Wylie appointed George Emslie to be Lord President in 1972. Nevertheless, Lord Advocates  continued to be appointed as Lords Ordinary and, one way or another, often progressed rapidly to similar positions of high judicial office .”

“The appointment of judges generally was political in the sense of the selection being by government; a system which is common, albeit with different focus, in many western democracies. It is seen as an element in the balance of power. Its merits and demerits have recently been analysed by the new President of the UK Supreme Court, who has mooted re-involvement of politicians from both government and opposition in the appointment of the most important chairs in the English legal system.”

“No-one would pretend that every judicial appointment from that era was of a person with complete legal and personal skills equipping him (as all judges then were) for high judicial office or a sheriffdom. There were problems. What is clear, however, is that the person who was, in practice, recommending the appointment would be fully appraised of the candidate’s qualities and failings. The Lord Advocate would be well aware of his prospective appointee’s experience, ability and knowledge. Consultation with the Lord President ensured that there was substantial input on suitability from the person who would be responsible for the new judge’s future performance and behaviour.”

Judicial Appointments

“There has been much recent public discussion, both in Scotland and in neighbouring jurisdictions, about the challenges which exist in the recruitment of new members of the judiciary. It is imperative, if Scotland is to maintain a high quality judiciary, especially at Court of Session level, that those at the top of the profession in the litigation field are highly motivated to apply for judicial office. It is equally important that the selection process itself does not deter or subsequently reject those candidates best qualified to fulfil the role. The aim must be to secure the services of those whom the profession regard as the leaders in their field and who are seen as the most able of their generation.”

“The independence of the judiciary is a vital element in our system. It is maintained primarily by selecting persons who have acted as independent advocates or solicitors throughout their professional lives, who have prosecuted and defended, and who have acted on the one hand for government, insurance companies and global conglomerates and on the other for the private individual, legal aided or otherwise, who has allegedly been oppressed or who has a legal right requiring vindication.”

“What must not be lost sight of is the simple fact, which cannot be underestimated, that for the Scottish justice system to operate properly, it needs judges and sheriffs who are not just competent lawyers with reasonable or even good people skills. It needs, at the high end, the best lawyers of the generation to lead the way; to take over the chairs of the permanent Divisions and to provide their wings. In the sheriff courts, although the same quality of legal skill and experience may not be a necessity, the appointments must be of people whom the profession recognise as prominent within their ranks.”

“I very much welcome the willingness of the new Chair of the Judicial Appointments Board to engage in a discussion about how the selection process might be improved to ensure that we do persuade the leading lights of the profession to apply for judicial office, and that the very best are successful in their applications.”

The full speech is available here:  LP Law Society of Scotland Annual Conference Keynote Address 19September2017

Put it this way. If suddenly, the Government banned elections, any form of public vote was suspended, and instead politicians were selected in the way the Lord President extols as fit for judges who head a £2.5 billion pound per annum publicly funded justice system, it would be branded undemocratic, a system of jobs for the boys, and well, in all honesty – totalitarian.

The “Greater Good” – The phrase used by the Lord President in the opening paragraph of his speech to the Law Society conference – is served by Transparency, in increasing amounts, and taken several times daily by a judiciary, courts and justice system in dire need of reform.

 

 

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DECLARE THE CROWN: Secrecy block on Crown Office Register of Interests – after fears info will reveal crooked staff, dodgy business dealings, prosecutors links to judiciary, criminals, drugs dealers and dodgy law firms

COPFS secret register contains links to judges, crime & business. AN INVESTIGATION has revealed Scotland’s Crown Office & Procurator Fiscal Service (COPFS) are blocking the publication of a staff register of interests – over fears it will reveal close relationships between prosecutors & judges, suspended solicitors, staff with criminal convictions including drugs crimes, and links to organised crime and sectarian behaviour.

The secret COPFS register of interests only received public acknowledgement of its existence – after the Scottish Information Commissioner became involved over refusals by Scotland’s top law officers to publish the information similarly disclosed in other registers of interest held by public bodies – including Police.

The issue came to light when journalists examined discussions between the Crown Office and the Scottish Parliament over a call for the Lord Advocate to submit evidence on Crown Office employees register of interests.

However, the Crown Office bluntly refused to provide any evidence or testimony to the Scottish Parliament’s Public Petitions Committee – who have been investigating proposals to require Scottish judges to declare their interests as called for in Petition PE1458: Register of Interests for members of Scotland’s judiciary.

Senior figures at COPFS put a secrecy block on publication of their own register of interest after journalists uncovered a host of conflicts of interest by COPFS staff, including links to disgraced solicitors and suspended judges, unrecorded meetings with Ministers and members of the judiciary, business connections and interests of COPFS staff and dumbed down criminal convictions of prosecutors still working for the Crown Office.

And the Crown Office block on publication remains in force today – after over two years of refusal to disclose the information in response to Freedom of Information requests.

When journalists approached the Scottish Information Commissioner for assistance, the SIC made enquiries of the Crown Office to be told “As you have noted, our original response indicated that in our view no application could be made to the Commissioner. COPFS considered that section 48(c) of FOISA applied as the information requested is held by the Lord Advocate as head of the systems of criminal prosecution and investigation of deaths in Scotland. You have now asked us for our views on why we consider that to be the case.”

“I can confirm that COPFS holds a Register of Interests which extends to all members of staff. The Register is held on behalf of the Lord Advocate in order to guard against conflict of interest in prosecutorial decision making. The register of interests is designed to ensure that impartiality can be demonstrated in relation to any individual making prosecutorial decisions or involvement in the preparation or presentation of any case. Given the register is held on this basis, we consider that the information is held by the Lord Advocate in his capacity as the Head of the systems of criminal prosecution and investigation of deaths in Scotland.”

 Scottish information Commissioner files released on discussions with COPFS Register of Interests.

However, the enquiries and media interest prompted the Crown Office to acknowledge publicly for the first time the register of interests existed.

The Crown Office statement to the SIC in a letter dated further revealed: “Coincidentally, this issue has recently been considered by the COPFS Executive Board and a decision has been taken that the register should not published. To provide information about the personal interests of prosecution staff could compromise the security of individual staff members, undermine their ability to do their job and create conflict with our obligations under the Data Protection Act.”

“We intend, however, to provide a public statement of explanation about why we do not publish details of the Register of Interests on our website within the next 6 weeks and I will ensure that you are provided with a link to this when it is published.”

However, tt can now be revealed COPFS feared the register would also reveal close links between Advocate Deputes who prosecute criminals in court – and their spouses and partners who work in the Scottish Courts and some who serve on the judicial benches.

Discussions took place with regard to media enquiries , and fears were raised if the public and persons in court found out of  personal and family links between prosecutors and the judiciary, there could be questions over impartiality.

One such example of a Prosecutor with family in the judiciary is that of Advocate Depute Murdoch MacTaggart – who prosecuted the longest fraud trial in UK history in the case of Edwin & Lorraine McLaren – in connection with their sell your house & rent it back property scheme. MacTaggart was married to a Sheriff – Mhairi McTaggart.

There are a number of other personal relationships between prosecutors, crown office staff, the legal profession and judiciary – some of whom have appeared in and on both sides of the court together during  criminal trials – without any questions being raised on impartiality.

It is very clear COPFS felt the disclosure of personal and family relationships between prosecutors and judges may cause problems in a number of previous and ongoing trials.

However, the personal relationships between COPFS and others may be of lesser importance than prosecutors & COPFS staff business interests, which are significant and wide ranging, in a similar nature to what has recently been disclosed by Police Scotland, more on which is available here: POLICE REGISTER: ‘First responder’ Police Officers transparency in cops business interests register

However, in the case of COPFS employees & prosecutors business interests, there exists significant;y more potential for conflict of interest in court.

And, it can also be disclosed a number of COPFS employees relatives and direct family appear to be working in highly paid positions in other public bodies, the Scottish Government and organisations within the justice system  including the courts – some of whom secured jobs without interview.

Enquiries in relation to the work histories of several Crown Office employees also reveals some Prosecutors and Advocate Deputes may also be exposed to questions over their links to law firms alleged to have committed significant fraud  with legal aid cash and embezzlement of client funds.

In a further investigation linked to the long running McLaren fraud trial, COPFS refused to respond to queries in relation to the status of any proceedings against a suspended lawyer – Karen MacTaggart – who was suspended as a solicitor from April 2014, according to a notice issued in the Gazette.

Karen MacTaggart is the sister of a Crown Office Advocate Depute – Murdoch MacTaggart.

The Crown Office was approached for an explanation on this but refused to respond.

The investigation has also revealed further concerns at the Crown Office – over fears publication of their Register of Interests would expose details of serving employees criminal convictions on everything from common assault, to perverting the course of justice, and dealing of Class A drugs including Cocaine – to COPFS colleagues and members of the public.

A further block on publication of the COPFS register of interests came about after members of IT staff at the Crown Office became embroiled in a scandal involving anti-catholic sectarian behaviour

One COPFS employee was sacked and another quit after an investigation was launched into alleged sectarian comments made on an internal messaging system.

Shocked staff blew the whistle on their colleagues after spotting the anti-catholic remarks & comments on their computer screens, and following an internal probe, the men were found to have breached strict rules on bullying, harassment and discrimination.

As a result, one worker has been sacked and another has resigned, and a third, who had a senior managerial role, was given a final written warning.

The male members of staff who made the comments worked in the IT department of the Crown Office and Procurator Fiscal Service (COPFS) in Ballater Street, Glasgow, close to the city’s sheriff court. It is also understood that a second IT manager was moved to another department after the probe was completed.

An investigation was first launched after two Catholic staff members complained that sectarian hate comments had been posted by the three men but the resulting inquiry failed to find evidence to substantiate the claims – even though other members of COPFS saw the actual comments.

None of the COPFS staff involved in the sectarian probe have been named by prosecutors, however the names have now been passed to journalists who are looking further at the case.

Another reason for the Crown Office to refuse publication of it’s own register of interests hit the headlines in March 2016, when the Sunday Mail newspaper reported that the then Lord Advocate’s brother was at the centre of a probe into financial dealings – reported here: Revealed: Lord Advocate’s brother Iain Mulholland at centre of dirty money probe after arranging £550k mortgage for rogue lapdance tycoon

Iain Mulholland, the younger brother of Scotland’s top prosecutor who announced he was standing down last week, helped prepare paperwork that secured businessman Steven MacDonald a huge loan now being probed by the Crown Office.

Prosecutors hunting assets linked to organised crime claim MacDonald conned bank bosses into lending him enough cash to buy his Diamond Dolls strip club.

They claim the businessman lied on a mortgage application to get a £552,000 cash injection from the Bank of Scotland to purchase the property in Glasgow city centre.

Mortgage broker Iain Mulholland arranged MacDonald’s loan application through his First to Mortgage firm.

The 48-year-old fixed the loan that is now the focus of a major investigation by the Civil Recovery Unit (CRU) – investigators at the Crown Office, led by his brother, who seize dirty money, property and other assets linked to organised crime.

In another case referred to within COPFS circles amid media queries on the secret register of interests – concerns were raised after a senior female member of staff was discovered to be involved in a relationship with an underworld figure accused of supplying guns and drugs.

There were fears information was being provided to the crook – which may have impacted on a now collapsed prosecution against several gangsters.

And in another development, information has come to light regarding the status of a Grade 6 Manager at the Crown Office, and the employment of his relative who was later charged with drug dealing.

The COPFS Manager’s step-son – who worked part time in the NHS – and has a direct relative working in the same organisation –  was handed a lucrative Crown Office job with access to sensitive information – without even an interview.

The individual – identified as Mr Peter Murphy –  worked at the Crown Office for around two years and was then arrested, apparently, on a Petition Warrant relating to the supply of Class A drugs.

Murphy’s employment at COPFS included access to sensitive information and systems which contained files relating to drug dealers within the city.

Sources said “It was presumed that given the quantity of drugs involved the case would be prosecuted at the High Court” – however no trace of any trial has been discovered and, allegedly, the Crown Office drug dealer received a community disposal at Sheriff Court level.

COPFS staff suspect the watered down and preferential treatment of the COPFS drug dealer was a result of information provided to the police or the Fiscal reducing the charges.

After the incident, Peter Murphy was allowed to resign from the Crown Office, rather than be sacked.

However, investigations around the case first revealed in the Scottish Sun during 2016 in reports of drug dealing at the Crown Office case – has since established Mr Murphy’s identity as the COPFS employee charged with drug offences.

The Crown Office has refused to answer further questions on this case, however, records show Mr Murphy’s step father – John Tannahill – a Grade 6 Manager – has worked at the Crown Office since October 2002.

John Tannahill currently occupies the positions of Head of COPFS Police Reform Team and Process Review Team and Major Incident Co-ordinator, Chair, Judicial Panel Scottish Football Association – according to Mr Tannahill’s Linkedin page.

Further internal discussions on the publication of the register reveal senior legal figures concerns that their own staff may be identified as members of organisations condemned for associations with the far right and racism if the Crown Office register becomes public.

There are now calls to make the Crown Office Register of Interests a polished document, to enable court users and legal representatives have access to the information in relation to Prosecutors interests.

However, the Crown Office has refused to issue any further comment on the content of their register of interests other than a brief online reference to it’s existence, which was only published after discussions with the Scottish Information Commissioner.

Crown Office Register of Interests

The Civil Service Code, which applies to all civil servants, requires that they should not put themselves in a position where duty and private interests conflict, nor make use of their official position to further those interests.
As a public servant, an employee has a particular duty to ensure that their public position is not, and raises no reasonable suspicion of being, abused in their own personal interest.

The Crown Office and Procurator Fiscal Service holds a formal Register of Interests which extends to all members of staff.

The Interests are defined as:

Business interests (including directorships) not only of the employee but also  close family members

Shareholdings or other securities/financial interest which the employee or members of their close family hold

Any political interest or interest/membership in an organisation, club or society where there is the potential for a conflict of interest to arise as a result of official position

It is held on behalf of the Lord Advocate in order to guard against conflict of interest in prosecutorial decision making.

It is designed to ensure that impartiality can be demonstrated in relation to any individual making prosecutorial decisions or involvement in the preparation or presentation of any case.

The Register is not published.

To provide information about the personal interests of prosecution staff could compromise the security of individual staff members, undermine their ability to do their job and create conflict with our obligations under the Data Protection Act 1998.

It is worth noting while the Lord Advocate is determined to withhold the information contained in the COPFS register of interests from public scrutiny, the Crown Office itself believe members of their own staff are not honest in their own declarations and entries in the register.

And, in a number of trials, prosecutors and COPFS staff have been switched around at the last minute after failing to declare interests which could have potentially harmed criminal trials.

While the Crown Office would only issue the above statement online in relation to it’s secret Register of Interests – the evidence now in the public domain in relation to serious conflicts of interest held by prosecutors, personal links to the judiciary, businesses who themselves have contracts within the justice system, and other more serious issues including jobs handed out to family members – make the case for publication much stronger.

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

 

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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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COPS & LAWYERS: Concerns on Public Bodies Legal Fees spending as figures reveal Scottish Police Authority fork out over £1m in legal fees, Police Scotland spend at least £1.3 million on external lawyers

Millions from Police budget ends up funding lawyers. SCOTLAND’S single national Police service – Police Scotland is spending millions of pounds of public cash on external law firms, advocates & QCs over and above the significant costs of it’s own in-house legal teams.

The single national Police service for Scotland has admitted paying at least £1,316,819 to external solicitors, QCs, advocates and the courts over a three year period – over and above costs for in-house legal teams.

The largest beneficiaries of public cash from Police Scotland are Clyde & Co (formerly Simpson & Marwick) who were paid £361,801.91.

However, while that firm was still Simpson & Marwick prior to its merger with Clyde & Co, they earned £284,914.15, giving total earnings since January 2014, of £646,716.06.

Other big-earning firms from Police Scotland’s public cash splurge on major law firms were Morton Fraser (£278,069.60) and Ledingham Chalmers (£103,906.08).

However, the figures – released in response to a Freedom of Information request – Police Scotland & SPA Fees to external lawyers, law firms & QCs 2014 to 2017 – are now subject to scrutiny – after journalists questioned the Police as to why over half a million pounds paid by the Police to a law firm named in a £400m collapsed Hedge Fund scandal and a suspended judge were excluded from the figures handed over by Police well out of timescales tolerated by the Scottish Information Commissioner.

It was reported by the Scottish Sun in March 2016, a sum of £187K was paid to lawyer Peter Watson – a sheriff who has been suspended from the judicial bench for well over two years, and a further £364,830 was paid to Levy and Mcrae – the Glasgow based law firm named in a £28m writ in connection with the collapse of the Heather Capital hedge fund, run by Gregory King who is subject to a Crown Office probe now in it’s fourth year.

Police Scotland also disclosed at least £52,014 has been paid to in respect of Opinions of Counsel and Senior Counsel instructed by in-house Legal Services directly and at least £32,378 has been paid to the Scottish Court Service since January 2014 by in-house Legal Services directly.

Police Scotland also disclosed the names of law firms and Advocates Chambers who have received legal fees.

And, today, it has emerged in an additional, three months late FOI disclosure – the controversial Scottish Police Authority (SPA) has admitted to spending millions more on legal fees for it’s own use, with at least £623K spent on external law firms and £435K on it’s own in-house legal teams.

SPA Legal Costs (in-house and Third Party) From Jan 2014 to June 2017 saw the following public cash spends on third party legal costs: £154,449 (2013/14) £104,570 (2014/15) £175,785 (2015/16) £167,667 (2016/17) and £20,543 spent already in this financial year which runs to 2018 making a total of £623,012 on third party legal costs.

Costs for the SPA’s own in-house legal team has now reached £434,512 in just three years.

However, unlike Police Scotland, the secretive Scottish Police Authority refused to identify the names of law firms & counsel involved in it’s £1million plus legal expenses bill.

The SPA’s refusal to identify legal firms via FOI legislation has now been submitted for review, and possible investigation by the Scottish Information Commissioner, after weeks of deliberate delays by the SPA in disclosing the legal costs.

Additionally, questions are also being raised with the Scottish Information Commissioner on Police Scotland’s attitude towards Freedom of Information timescales after weeks of deliberate delays in the force’s handling of FOI requests.

The breakdown of the total figure for solicitors’ fees by solicitor from 2014 – 2017 as paid by Police Scotland are as follows:

AC White £396; Allan Black & McCaskie £300; Allcourt Solicitors £462; Balfour & Manson £1236.3; Blackadder & McMonagle £342; Brazenall & Orr £168; Carruthers Curdie Sturrock & Co. £324; Clyde & Co.(Simpson & Marwick) £361801.91; Cockburns  £54; Corrigal Black £306; Criggies £42; Douglas Gilmour & Son £36; DWF £134.8; Gray & Gray £60; George Mathers & Co £600; Grigor & Young £1920; Hamish L Melrose £540; Hunter & Robertson Solicitors £1872; John Henderson & Sons £2232; Leddingham Chalmers £103906.08; Linda George Family Law £984; MacIntosh Humble £174; Mackie Thomson £96; Mackintosh Wylie £48; Macnabs Solicitors £312; Malcolm & Hutchison £132; Mathie McCluskey £78; McCluskey Browne £2032; McCusker McElroy & Gallanagh £30; McIntyre & Co £258; McLellan Adam Davis £54; MacDonald McIver & Co £353.1; Morton Fraser £278069.6; Patten Prentice £96; Rankin & Aitken £42; Reid Cooper £15901.92 ;Russel & Aitken £60; Russell, Gibson McCaffrey £4084.8; Simpson and Marwick £284914.15; Stewart Balfour £48; Thorntons £3760.16; W & AS Bruce £60 TOTAL: £1,068,320.82

The sum paid to advocates broken down by chamber and year are as follows:-

Chambers fees from 2014 – 2017: 5 Essex court £16620; Ampersand £84000; Arnot Manderson £12840; Axiom  £8640;  Black  £6600; Compass £20334; Terra Firma £3780 TOTAL: £152,814

The National newspaper reports on the Police spend on external law firms, here:

Police Scotland ‘spends £1k a day to fight legal battles’

Martin Hannan Journalist 13th August

Police Scotland’s legal costs were exposed after FoI requests

DESPITE having its own legal team, Police Scotland has spent more than £1000 per day on external legal lawyers and court costs since January, 2014.

In the three years and six months to June of this year, Police Scotland paid out £1,316,819 to external solicitors, QCs, advocates and the courts, according to figures released under Freedom of Information (FoI) rules.

Peter Cherbi, the legal issues campaigner and blogger who made the FoI requests, has criticised the force after it refused to answer The National’s questions on the issue, directing us to use FoI questions.

Cherbi said: “There are firms on the FoI list provided by Police Scotland who specialise in legal issues relating to defence of damages claims and other similar legal issues, yet at this time the force appears unwilling to cough up the real reasons for running to lawyers at all hours of the day.”

More than 950 fee notes were issued to Police Scotland by law firms and individual solicitors, with £32,378 paid directly to the Scottish Courts Service for costs incurred in numerous actions.

More than 40 law practices across Scotland were paid for work, some of which is believed to have been connected to the many police property disposals which have taken place over the past few years since the national force was created in 2013. Other firms were paid for expertise in various personnel and legally complex matters, and QCs, solicitor and advocates all represented the force in court, including cases at the Court of Session.

In all, solicitors received £1,068,320 in that time. The National can reveal that the biggest earners from police work were Clyde & Co (formerly Simpson & Marwick) who were paid £361,801.91 for their involvement in such high-profile cases as former Assistant Chief Constable John Mauger’s failed action for judicial review of a decision by then Chief Constable Sir Stephen House – Maria Maguire QC acted for the force in that case.

While that firm was still Simpson & Marwick prior to its merger with Clyde & Co, they earned £284,914.15, giving total earnings since January 2014, of £646,716.06.

Other big-earning firms were Morton Fraser (£278,069.60) and Ledingham Chalmers (£103,906.08). By contrast, Renfrewshire law firm McCusker, McElroy and Gallanagh were paid just £30.

The total sum paid to advocates and QCs was £152,814 – in its response to the FoI request, Police Scotland explained: “These figures relates to instances where advocates have been instructed directly by Legal Services.”

The force’s response added: “I regret to inform you that I am unable to provide you with the figure in respect of fees charged on occasions where Counsel and/or Senior Counsel have been instructed by external solicitors acting for the Chief Constable as it would prove too costly to do so within the context of the fee regulations.”

The response did state, “951 fee notes have been rendered by external solicitors since January 2014”.

The National asked the Scottish Police Authority (SPA) which is supposed to superintend the national force if it was aware of the extent of usage of lawyers outside the legal services section of Police Scotland. We also asked if Police Scotland had to pay the legal costs of anybody taking out a court action against the force, and why do many solicitors firms were used?

We also asked what is the annual budget for the legal services section and asked both Police Scotland and the SPA to say if any of the costs were for defending Police Scotland personnel accused of crimes, or if any external cost was incurred in defending Police Scotland personnel in civil cases. The reply we received was “you would have to submit an FOI request in relation to these questions”.

Peter Cherbi commented: “While chief constables and senior officers have been talking up their lack of resources and funding in public, Police Scotland have been keeping law firms afloat with huge public spends of funds better spent on front line policing.

“The force’s overuse of law firms for legal action and other legal services must be opened for public inspection on a case-by-case basis. What are Police Scotland spending all this money on lawyers, and why? What are the processes employed by Police Scotland for using legal services? A key question given they have their own in-house lawyers.

“The public have a right to know and the Scottish Parliament should be looking to raise questions on this issue, which would make for some interesting exchanges before the Scottish Parliament’s Justice sub committee on Policing.

“This addiction to lawyers and exorbitant legal fees by Police Scotland and other public bodies must be brought to a halt as the operational budgets for policing and any public service are not meant to act as unaccountable public subsidies for the legal profession.”

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

 

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APPROVED BY M’LORD: Former Police Chief & Legal Complaints board member receives approval from Lord Carloway to fill ‘window dressing’ Judicial Complaints Reviewer post

Ex top cop & SLCC Board member is new Judicial Investigator. A FORMER Deputy Chief Constable of Tayside Police who served as Convener of the Standards Commission for Scotland and was a board member of a tainted legal complaints quango – has been approved by Scotland’s top judge to investigate judges and serve as Scotland’s third Judicial Complaints Reviewer (JCR).

Ian Gordon, who also formerly served as a board member of the pro-lawyer Scottish Legal Complaints Commission (SLCC) and is currently Acting Commissioner with the Northern Ireland Public Service Ombudsman Office – will now serve as Judicial Complaints Reviewer from 1 September 2017 to 31 August 2020.

Ian Gordon’s appointment as JCR, which is required to be approved by Scotland’s top judge – currently Lord Carloway – was announced by Justice Secretary Michael Matheson yesterday, Monday 14 August.

However, MSPs from across the political spectrum have called for the judicial watchdog to be given new powers and a review of the role undertaken by the Scottish Government amid controversy over the lack of powers to the JCR.

Moi Ali – Scotland’s first Judicial Complaints Reviewer branded the JCR role as “window dressing” in evidence to MSPs at Holyrood during September 2013 – featured in a report here: As Scotland’s top judge battles on against transparency, Judicial Complaints Reviewer tells MSPs judges should register their interests like others in public life

Moi Ali continually called for extra powers until she quit the role in 2014 amid lack of cooperation from the judiciary & Scottish Government.

Gordon’s appointment as Judicial Complaints Reviewer comes after both his predecessors complained the SNP Government starved the post of resources.

Last week, the Sunday Herald published a further report on the controversy around the office of Judicial Complaints Reviewer, revealing current Gillian Thompson has published further concerns on the relevance and efficacy of the job.

Gillian Thompson said her contracted hours of just three days a month “inevitably” led to delays, “inconvenience for complainants” and ultimately “a poor service”.

She said she doubted public expectations were being met, complained her access to investigation files was limited, and urged ministers to “review the relevance of the role”.

Gillian Thompson published two annual reports on her work as JCR, last week – which contain no case histories after the Scottish Government suggested such references be excluded in published reports.

Several weeks ago Thompson was caught in a controversy where documents released by the Scottish Government revealed she had accused her predecessor of being the source of media interest in the lack of published annual reports by the JCR.

The accusations turned out to be false, and the Scottish Government ordered journalists to destroy the initial release of documents, which was swapped for another version by Stuart Lewis, a Senior Media Manager for the Scottish Government’s Justice & Education hub. Lewis refused to identify who took the decision to order destruction of the FOI documents.

Further concerns have been raised after the Scottish Information Commissioner dodged calls to look into the case, after journalists called for a re-examination of how exemptions are used by the Scottish Government where Thompson’s written accusations were then censored under the guise of ‘protecting free and frank discussions between officials’.

A full report and publication of the FOI documents on the controversy around Thompson and the Scottish Government’s FOI release can be found here: Scottish Government request destruction of FOI papers – Files reveal Ministers silence on judicial complaints & civil servants attempts to exclude case histories from Judicial Investigator’s annual reports

Ms Thompson’s predecessor Moi Ali also complained a lack of funds and support had made the role of Judicial Complaints Reviewer “enormously frustrating and difficult”.

Today, it has been reported LibDem MSP Liam McArthur has urged Mr Matheson to review the post of JCR.

In a letter to the Justice Secretary, Mr McArthur said: “The only two holders of the post have both provided blistering accounts of their experiences. In appointing the third JCR the Scottish Government cannot ignore the criticisms of his predecessors and the serious questions that surround the credibility of this office. It is clear that the current system is not working.”

Tory MSP Liam Kerr said: “Given the criticism levelled at the Scottish Government by the former reviewer, it appears her successor has quite a job on his hands.

“If this role is to be a success, ministers have to provide the resources and support necessary. We can’t afford for this to be yet another wasted 12 months.”

Labour MSP Claire Baker added: “It is clear that the new JCR needs far greater support.

“For the SNP to simply announce a new JCR but fail to address any of the serious structural shortcomings in the role is simply unacceptable.

“The Scottish Government cannot hide from their responsibility. They must fully fund and resource the new JCR so that he can carry out his role in the best interests of the public.”

However the biography issued by the Scottish Government on Mr Gordon contains no references to his time as one of the first intake of Board members at the discredited Scottish Legal Complaints Commission.

The SLCC was recently branded as a “toothless waste of time” by former Cabinet Secretary Alex Neil MSP (SNP Airdrie and Shotts) after the legal services regulator failed to act in a high profile case involving a senior QC caught up in a cash payments scandal.

The team responsible for setting up the Scottish Legal Complaints Commission and it’s board members in 2008 was led by Angela McArthur, Chief Executive of the Parole Board since December 2009

During Mr Gordon’s time on the board of the Scottish Legal Complaints Commission, the pro-lawyer regulator lurched from controversy to scandal, where media reports revealed board members infighting over dealing with members of the public, campaign groups, and drunken exchanges between board members & senior SLCC staff.

Ministerial Announcement of new Judicial Complaints Reviewer: Judicial Complaints Reviewer appointed

Cabinet Secretary for Justice Michael Matheson has announced the appointment of the third Judicial Complaints Reviewer.

Ian Gordon is a retired Deputy Chief Constable of Tayside Police. He is currently an Acting Commissioner with the Northern Ireland Public Service Ombudsman Office.

He was seconded to HM Inspectorate of Constabulary and was the lead police officer on the annual statutory inspection of five UK police forces, and was a member of the UK Police Professional Standards Group. He has conducted criminal, conduct and complaints investigations in the UK and undertaken enquires abroad on behalf of the Foreign Office.

Mr Gordon was also a Convener for the Standards Commission between 2010 and 2017 and contributed to a focused improvement to awareness of the codes of Conduct by elected members and Boards of Public Bodies.

This appointment was established by the Judiciary and Courts (Scotland) Act 2008 to review, when asked, the handling of a complaints investigation into members of the judiciary, to ensure that it has been dealt with in accordance with The Complaints About the Judiciary (Scotland) Rules 2016. The Reviewer has no powers to consider the merits of any complaint or the disposal of the complaint.

The appointment will be for a period of three years from 1 September 2017 to 31 August 2020, and will be paid a daily fee of £217. The appointment has been made with the approval of the Lord President.

All appointments are made on merit and political activity plays no part in the selection process.

FROM EX-COP TO JUDGING JUDGES – BIOGRAPHY IAN GORDON:

Ian Gordon is listed as Chair on the website of the Ericht Trust and is an active director of the Ericht Trust which is also registered as a company limited by guarantee, managed by a Board of Trustees who are elected at an Annual General Meeting, and a Company Secretary.

The Ericht Trust has since reported in March 2017 to be in the process of changing it’s name to the Erich Trust.

The Ericht Trust describes itself as a ‘not for profit’ charitable organisation, which focuses on community development and regeneration in line with Scottish Government policies on community empowerment. It is a member of Development Trusts Association Scotland (DTAS). DTAS provides support to its members and a link into a network of the many comparable Trusts working for the benefit of their communities across Scotland. Being part of this bigger family gives strength to the organisation when voicing opinion or seeking support from Government and Local Authorities.

The object of the Trust is to stimulate a range of community projects which will benefit residents and businesses and draw visitors to this area.

A register of interests posted by the Scottish Legal Complaints Commission also listed Mr Gordon as a director of Quarere Ltd.

Quaere Limited was set up on 20 Dec 2006 has its registered office in Perthshire. Its current status is listed as “Dissolved”. The company’s first directors were Marion Therese Gordon, Ian Alexander Gordon. Quaere Limited has no subsidiaries.

The company was listed under the headings of SIC 2003:7414 — Business And Management Consultancy Activities & SIC 2007: 70229 — Management Consultancy Activities (Other Than Financial Management)

Last annual accounts of Quarere Ltd were filed in 2009.

Other interests listed in Mr Gordon’s register of interests from his time at the Scottish Legal Complaints Commission include:

• Associate Professor in Policing for Charles Sturt University (Australia).
• Formerly Chair of the Association of Chief Police Officers in Scotland (ACPOS) Professional Standards Business Area.
• Vice-Chair of ACPOS General Policing Business Area.

Previous articles on the Judicial Complaints Reviewer and complaints against Scotland’s judiciary can be found here: Judicial Complaints Reviewer – Reviewing complaints against Scotland’s judiciary

 

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