Friday, June 14, 2013

‘Better Transparency would enhance Judiciary’ as Scotland’s independent Judicial Complaints Reviewer issues support for Register of interests for judges

Lord Gill Moi AliSecretive Judge trumped by transparency as Judicial Complaints Reviewer supports register of judge’s interests. SCOTLAND’S independently appointed Judicial Complaints Reviewer (JCR) Moi Ali, has told MSPs of her support for a public petition currently being discussed at the Scottish Parliament which seeks to create a statutory register of interests for Scotland’s highly secretive judiciary. The JCR’s support for Petition PE1458: Register of Interests for members of Scotland's judiciary has previously been reported in the Sunday Mail newspaper and Diary of Injustice, here : HERE

Moi Ali, Scotland’s first ever Judicial Complaints Reviewer has told MSPs in her letter to Holyrood’s Public Petitions Committee that “Better transparency would enhance the standing of that judiciary and bring judicial office holders into line with other holders of important roles in public life.”. Ms Ali went on in her response to dispel arguments put forward by the vested interests of the Lord President, Law Society of Scotland & others against the proposal.

In a move which contrasts sharply with the bitter hostility of Scotland’s top judge, the Lord President Lord Brian Gill to Petition PE1458, Ms Ali has taken a radical approach to issues put forward in the petition by creating a register of interests for the office of Judicial Complaints Reviewer, a register which is to be published soon on the JCR’s website.

Ms Ali told MSPs in her submission : “Registers of interest are now a normal part of public life and it seems right that the judiciary should not be out of line with what is required of others who hold high public office. I have completed registers of interest for my roles on public boards such as the Scottish Ambulance Service and Scottish Police Authority. It is not onerous to update this annually or when any changes in circumstance occur. Members of the Petitions Committee will have undertaken something similar themselves in their parliamentary life. Although not required to do so, I have prepared my own register of interest and will shortly be publishing it on my website. I believe that the JCR should be required to do this, either by legislation or as a requirement set out in their letter of appointment from the Minister.”

In a further bold move, the Judicial Complaints Reviewer told the Petitions Committee that any register of interests for judges should be expanded to include non financial interests and other links. Moi Ali stated : “Should a register of interests be limited to pecuniary interests? I believe that it should also encompass non-financial interests such as memberships, unpaid trusteeships, and any relevant close family/friendship links that may be perceived as a potential conflict of interest. One review I undertook last year concerned a complaint about a judge who had allegedly used their judicial position to promote a body that was alleged to have breached international law. Another concerned a sheriff who allegedly participated in a social function organised by the defender during the proof hearing.

Speaking to Diary of Injustice earlier today, law journalist Peter Cherbi said he was grateful for the support of the Judicial Complaints Reviewer, and commended her approach to transparency. Scotland’s legal system clearly needs more people like Moi Ali.

The full response from Moi Ali, the Judicial Complaints Reviewer to the Public Petitions Committee, Scottish Parliament :

Consideration of Petition PE1458

Thank you for your letter of 25th April seeking my views on the above petition.

I am supportive of a register of interests, for the reasons outlined below. I believe that it would be beneficial for any register to encompass more than pecuniary interests. I have set out my thinking on this matter below, but I want to begin with a brief summary of the role of Judicial Complaints Reviewer (JCR), as it is still relatively new.

JCR Background Information

The Judicial Complaints Reviewer (JCR) was established under The Judiciary and Courts (Scotland) Act 2008 to review the handling of complaints investigations into members of the judiciary, to ensure that they have been dealt with in accordance with the Complaints about the Judiciary (Scotland) Rules 2011(the Rules).

I was appointed in September 2011 as the first JCR. My service is free, independent and impartial. It is open to those who have complained about a member of the judiciary, and to those who have been the subject of a complaint.

Unlike my counterpart in England and Wales, who is an Ombudsman, the legislation allows me only to review the handling of investigations into complaints about members of the judiciary. I cannot review the outcome of those investigations, cannot get decisions overturned and cannot get redress (such as an apology or compensation). If I find that the Rules were not followed, I can make a referral to the Lord President, but thereafter the matter is in his hands.

Response to Petition: View of JCR

The petitioner states that a register of interests would increase the transparency of the judiciary and ensure public confidence in the judiciary’s actions and decisions. I agree. Transparency tends to increase trust; conversely, lack of transparency is more likely to create suspicion.

Some of those responding to the petition (such as the Lord President, the Law Society of Scotland and the Scottish Government), argue that a register of interests is unnecessary, referring, among other things, to the complaints process as a safeguard.

In my role as Judicial Complaints Reviewer, I am part of that process. As is the nature of my role as a reviewer, I deal with dissatisfied people. It might be argued that they are not representative of the wider public, although that is not a view that I would take. Some people who contact me write of the judiciary sticking together, defending its own interests, and lacking transparency. If that view is a representative one, anything that increases judicial transparency is good both for the public and also for the judiciary. Greater transparency can only boost public trust and confidence and enhance the standing of the judiciary.

One argument put forward against a register of interests is that it is unnecessary, as there is provision under the Judiciary and Courts (Scotland) Act 2008 to regulate and investigate the conduct of judicial office holders, that a complaints process is in place and to date there have been no substantiated complaints alleging judicial bias. I have received requests to review complaints in which allegations of judicial bias have been raised.  It may be that no “substantiated” complaints have been made, but that is not to say that no complaints of this nature have been made. I received one such review request a few months ago via a Member of Parliament, and I completed another one in the last few weeks, and there have been others too.

Registers of interest are now a normal part of public life and it seems right that the judiciary should not be out of line with what is required of others who hold high public office. I have completed registers of interest for my roles on public boards such as the Scottish Ambulance Service and Scottish Police Authority. It is not onerous to update this annually or when any changes in circumstance occur. Members of the Petitions Committee will have undertaken something similar themselves in their parliamentary life. Although not required to do so, I have prepared my own register of interest and will shortly be publishing it on my website. I believe that the JCR should be required to do this, either by legislation or as a requirement set out in their letter of appointment from the Minister.

Should a register of interests be limited to pecuniary interests? I believe that it should also encompass non-financial interests such as memberships, unpaid trusteeships, and any relevant close family/friendship links that may be perceived as a potential conflict of interest. One review I undertook last year concerned a complaint about a judge who had allegedly used their judicial position to promote a body that was alleged to have breached international law. Another concerned a sheriff who allegedly participated in a social function organised by the defender during the proof hearing.

We are very lucky in this country to have an independent judiciary. Better transparency would enhance the standing of that judiciary and bring judicial office holders into line with other holders of important roles in public life.

I am happy to provide any further information that you require.
Yours sincerely,
Moi Ali
Judicial Complaints Reviewer

Previous articles from Diary of Injustice including video footage of the Petitions Committee meetings and further information on the drive to create a register of interests for Scotland’s judiciary can be viewed here : A Register of Interests for Scotland's Judiciary

A further report in the Sunday Mail newspaper featured details of further resistance to transparency from Scotland’s secretive judges, where it was reported Scotland’s Judiciary have refused to cooperate with the Judicial Complaints Reviewer on a number of occasions, also reported by Diary of Injustice, here : HERE

49 comments:

Anonymous said...

“Better transparency would enhance the standing of that judiciary and bring judicial office holders into line with other holders of important roles in public life.”.
==================================
This lady is 100% correct and in my opinion Lord Gill has demonstrated by his inaction he had no intention of implementing his Civil Courts Review.

Furthermore how can his position as Lord President be tenable when his is in charge of a Judiciary who cover up criminal records on Judges and their financial dealings. Frankly it is unbelievable that he can do this because as I have repeatedly argued he is a public servant and his decisions and those of his colleagues affect members of the public. He and they must be above reproach and I can say to Lord Gill now his intransigence will only damage their collective reputations further and do them no good whatsoever. It is time for reform Lord Gill. Your profession over the centuries have ruined many people and we are not going away. We have have enough.

Anonymous said...

More fine journalism from the DOI Team. You are all a credit to Scotland.

Anonymous said...

Gill and his colleagues use power in a secret way so their interests are always put above the People of Scotland and it cannot and will not continue. It is an outrage.

Anonymous said...

Yes must admit the judge looks a bit of an idiot after reading this.

Of course there will be a lot of palm greasing and back slapping going on behind the scenes to try and kill off your petition - after all Jackson Carlaw said this himself.

Anonymous said...

I wonder what these secretive judges will be promising to do in the way of favours to avoid registering their interests?

Anonymous said...

At last someone within the ranks of the Judicial system has spoken sense.

Is it too much to hope our MSPs will follow suit, time will tell.

Anonymous said...

So, everyone with a conscience seems to agree with Mr Cherbi's Petition that a Register of Interests for the Scottish Judiciary is an essential part of their job, to be able to be seen to be acting properly?

The only dissenters are Scottish lawyers and the Scottish Judiciary?

What does that say about vested interests and stick in the mud attitudes?

Anonymous said...

Is the reality that the Judges have no intention of enhancing the Scottish Judiciary, as they have it just the way they want it now......a self interested, inward thinking closed-shop clique, which has no interest in fairness, equality & Justice?

Anonymous said...

Excellent letter and proves yet again you are on the right track about this register for the judges,Peter.

Anonymous said...

Oh well I was wrong, there are now two honest people in Scotland's justice system - Moi Ali and Peter Cherbi.The others mus tbe afraid to show their faces for now.Great work both of you and also good to see all this in the Sunday Mail.

Anonymous said...

Good to see Moi Ali telling it as it really is about these judges and what a contrast as you say between her openness and Lord Gill's sheer anger at your transparency petition.

Anonymous said...

It is obvious that Ms Moi Ali, who has already been burnt by Lord Gill's interference in her Justice role is strong willed and cares for the Scottish People and like Mr Cherbi is a champion of the Scottish People?

Ms Ali however, will need to watch her back now after standing up for Truth & Justice because of the wicked self interested individuals who oppose her with venom?

Ms Ali has just made Lord Gill's choices for him......he must either capitulate and adopt a wide ranging full and complete Register of Interests or resign?

I hope he resigns because he has been taking money under false pretences for too long already and we do not need these ball & chains holding Scotland back to some Charles Dickens state of elite utopia?

Anonymous said...

Lord Gill v The People of Scotland......

Ironic isn't it?


Who do you think will win?

Anonymous said...

If Lord Gill has nothing to hide and is as good as his word about transparency then why the hell is he resisting a Register of Interests for the Scottish Judiciary, after all it is universally accepted that this would greatly improve the current secretive and self interested set-up?

Anonymous said...

I cannot believe how backward thinking and crooked the Scottish Judiciary is?

They should be more like our system in North Korea which is a great improvement over what Scotland has got to put up with?



T. Yakki

Anonymous said...

Scottish judges are very clearly against transparency!

Anonymous said...

"Should a register of interests be limited to pecuniary interests? I believe that it should also encompass non-financial interests such as memberships, unpaid trusteeships, and any relevant close family/friendship links that may be perceived as a potential conflict of interest. One review I undertook last year concerned a complaint about a judge who had allegedly used their judicial position to promote a body that was alleged to have breached international law. Another concerned a sheriff who allegedly participated in a social function organised by the defender during the proof hearing."

a very powerful statement supporting your petition and one the msps cannot ignore.

Anonymous said...

Interesting story in today's Sunday Herald on how msps are going to decriminalise their own registers of interest violations http://www.heraldscotland.com/politics/political-news/msps-bid-to-dilute-ethical-rules-and-punishment.21144131

Coincidence?

Anonymous said...

re a case I am involved in at the court of session I asked my solicitor if the judge has any compromising interests and he said he thought so but there is no way to force him to admit it so what should I do?

Diary of Injustice said...

# Anonymous @ 16 June 2013 19:57

send details of the judge's interests and your case to scottishlawreporters@gmail.com

Anonymous said...

I think Lord Gill's position is untenable because he has demonstrated through his conduct he stands for maintaining the status quo. There can be no place for secrecy in a justice system because the latter is a misnomer of judicial actors are operating in clandestine fashion. He is clearly an intelligent man but he is exacerbating his professions position with the public in such a way that no solicitor can be trusted. To me these people form a secret state within a so called democratic state and this can no longer be tolerated.

Anonymous said...

Lord Gill has made a rod for his own back by trying to defend the indefensible?

He has wrongly judged that as Lord President, anything he says goes and even quoted the Parliament Act to try to bully the MSP's into maintaining the secrecy and self interested members club?

So much for changing the system that is not fit for purpose?

That didn't last long!

Anonymous said...

A Register of Interests of the Judiciary in Scotland would have alerted the Scottish People that several Judges/Sheriff's are convicted criminals and that they are breaking all the rules by continuing to work, when it has been proven in Court that their judgement is warped to such an extent that they have broken the law and are convicted criminals?

The current back of an envelope system however, where Lord Gill as an individual is all powerful, can interfere with Justice and try to keep these facts from being known to the Scottish Public so that his pals can continue to pass themselves of as Judges, where their judgement cannot be relied upon, just so that they can hide behind a veil of secrecy and continue to fill their wallets with Public cash?

Time for the Police to tap Mr Gill on the shoulder?

Anonymous said...

Lord Gill has backed himself into a corner and is on the wrong side of the argument.

Anonymous said...

http://www.scotsman.com/the-scotsman/scotland/lord-gill-on-heading-up-the-court-of-session-1-2968855

nice pr job on gill

Anonymous said...

I think Scotland would be better served if Ms Moi Ali was our new Lord President?

The present incumbent is here in body but not in soul & conscience?

Anonymous said...

When was the last time Scotland had a Lord President & Lord Advocate that was worthy of the role?

Anonymous said...

Honestly I never heard of your petition until today but I have to say it is a fantastic idea and agree with all the comments saying it should be made the law for these judges to declare their interests also good to see you have a lot of support for this idea!

Anonymous said...

How can Scotland leave the probity of its Judiciary to one man, a dinosaur living in the past, who does not have the interests of the people in his heart, instead he only seeks to protect the private and secret interests of himself and his colleagues?

Anonymous said...

Anonymous said...

http://www.scotsman.com/the-scotsman/scotland/lord-gill-on-heading-up-the-court-of-session-1-2968855

nice pr job on gill

17 June 2013 15:07

lol who cares?no one except lawyers etc buys the paper now anyway!

Anonymous said...

just to say I think your petition is very brave considering the power these bent judges have and regularly exercise over us

Anonymous said...

Could it be that Ms Moi Ali is a relation to the boxer Mohammad Ali?

She certainly seems to have delivered a knock-out blow to Lord Gill in favour of the Scottish People?

Anonymous said...

kinda funny really to see newspapers propping up an industry like the judges have made justice and that is so against transparency what an indictment of Scotland

Anonymous said...

Anonymous said...
kinda funny really to see newspapers propping up an industry like the judges have made justice and that is so against transparency what an indictment of Scotland

17 June 2013 23:29

Scotland is a morally bereft corrupt state

Anonymous said...

Anonymous said...
just to say I think your petition is very brave considering the power these bent judges have and regularly exercise over us

17 June 2013 20:02

Many thanks to the team of investigative journalists at the DOIS for the People of Scotland.

Truly peerless journalism.

You leave the repeaters acting as journalists hanging their heads in shame for taking the crooked-pound and looking the other way.

Anonymous said...

Anonymous said...
Honestly I never heard of your petition until today but I have to say it is a fantastic idea and agree with all the comments saying it should be made the law for these judges to declare their interests also good to see you have a lot of support for this idea!

17 June 2013 18:01

Spread the word my friend.......Good News is spreading fast throughout Scotland through the courageous journalists at the DOI to inform the Scottish Public that there are imposters in our midst?

Anonymous said...

If you go to the Scottish Judiciary Website, http://www.scotland-judiciary.org.uk/21/0/Principles-of-Judicial-Ethics

The Statement Of Principles of Judicial Ethics For The Scottish Judiciary is very revealing?

Basically, until very recently the Scottish Judiciary was run on the back of an envelope with zero accountability?

Recently, (too late) they have released a bunch of mumbo-jumbo-management-speak-rules and guidance, which is supposed to have got them out of jail on this (pardon the pun) but that is only if the Scottish Judiciary can show that they are following all the mumbo jumbo rules or it it just that...........? Mumbo Jumbo to make the Scottish People think that everything was in order but in reality that it is the same old status quo at work to protect vested interests on a nod and a wink?

Anonymous said...

Scotland on the back of an envelope?

Sounds about right

Anonymous said...

Just to let you know the bones of your petition has been discussed at our local bar association and received unanimous if unofficial support.

Anonymous said...

Just to let you know the bones of your petition has been discussed at our local Bar Association and received unanimous if unofficial support.

Anonymous said...

Lord Gill is simply the top man in a Judicial Oligarchy. They wield power through secrecy and want to keep it that way. No wonder the Victorian legal system is failing the Scottish public.

Anonymous said...

In reply to the comment of 18 June 2013 20:06;

No doubt some lawyers and advocates find it galling when a presiding judge who they know, or have good reason to believe, has a potential for a conflict of interest fails to even mention this, far less recuse themself.

Only a judicial register of interests will overcome this inherent and failed orthodoxy.

PS the new layout is great!

Anonymous said...

Yes I agree with those who are saying this is unbeatable and unquestionable support from someone who knows exactly what is going on in the judiciary.About time the msps moved on this and asked for a full debate in the Scottish Parliament and formulate a plan for making it law.

Anonymous said...

Anonymous said...
Just to let you know the bones of your petition has been discussed at our local Bar Association and received unanimous if unofficial support.

18 June 2013 20:06
---------------------------------------

Shame your Bar Association was not in Scotland, we could have benefitted from some good principled Scottish lawyers, indeed if there are any left?

Anonymous said...

There seems to be much rotten wood at the centre of the Scottish Judicial tree?

Anonymous said...

As far as I am concerned if the MSP's make a Register of Interests a legal requirement as they must now do it must not be a whitewash like the LPLA Act which allowed lawyers to do what they want while claiming to have been created to protect clients. Making laws is one thing making laws with teeth quite another.

Anonymous said...

What is more important to Scottish Judges?

Secrecy and self interest? Or The Rule of Law?

Anonymous said...

Mr Gill's conduct is incompatible with the duties of his Office and is designed to maintain the status quo to protect their own interests and to disregard the interests of the Scottish People?

There should be a motion of no confidence in Mr Gill forthwith as he is still trying to defend the indefensible and keep important facts from the Scottish People like that there are convicted criminals passing themselves off Judges?

Anonymous said...

Very good redesign of the blog,Peter - looking forward to see how this petition develops and who else as in vested interests tries to spike it at the committee!