Monday, January 06, 2014

Transparency is not rocket science, Lord President : Disclosure should not be held in contempt of court by Scotland’s top judge over proposal to create a register of judicial interests

Last year,Scotland’s top judge opposed all debate on register of judicial interests. IN AN ATTEMPT to make a proposal currently being debated by MSPs to create a register of judicial interests sound more like a complicated scientific mission to land the first member of the judiciary on the moon, Scotland’s top judge, Lord President Lord Brian Gill incurred great effort in leaving little doubt in 2013 that he opposed any move by the Scottish Parliament to create, or even debate proposals to require judges by law to declare all their interests in a published register of interests.

During the past year of debate on Petition 1458, Lord Gill and the judiciary had a task at hand. In their eyes, the subject of judicial interests could not be debated in public, for it would reveal the shambles of judicial oaths, the shambles of rules the judges wrote themselves, rich judges, judges with criminal records, judges with tax dodging investments , judges with multiple conflicting interests, and judges who once prosecuted people then threw out their appeals against wrongful convictions.

Clearly if MSPs and the public delved deeper, the truth would be revealed, showing that recusals in court were in most cases, not taking place and most certainly not being recorded, should anyone ever ask to see the data.

It was quite a surprise to some that the focus and public face of Scotland’s world travelling judiciary and its supporting vested interests should collapse so easily like a house of cards at such a simple proposal asking the Scottish Parliament to debate and ultimately legislate to ensure that the well earned, well kept, yet unusually secretive members of Scotland’s judiciary should set out their complete interests in a published register of interests like all other public servants are required to undertake.

However, the lengths which the judiciary were to go to, in an effort to protect themselves against any required disclosure of, or even debate surrounding their interests, was nothing short of stunning arrogance against a simple call for transparency, an act which if anything has encouraged public debate and brought to the fore the lack of accountability in the judiciary.

Not only was the Lord President opposed to giving evidence at the Scottish Parliament and replying to questions from MSPs on a proposal contained in Petition 1458 to create a register of judicial interests, Lord Gill refused several invitations to appear at Scotland’s elected Parliament to face questions from MSPs on his opposition to the transparency proposal.

While refusing to give answers to many of the questions put to him on the numbers of cases in which Scottish judges have recused themselves and in what circumstances recusals have occurred, Lord Gill twice referred MSPs to quotes from an obscure EU report written by judges who effectively used the opportunity of compiling the EU quango report to lobby against any proposal to require members of the judiciary to declare their interests.

As the debate at Holyrood unfolded, it was clear the Lord President was willing to oppose the call for a register of interests in writing, but not attend the Scottish Parliament in person to be questioned in public and on camera about his opposition to the transparency proposals of judges declaring their interests.

Not satisfied, Lord Gill overstepped the mark, accusing the media, litigants, court users, indeed anyone and everyone who may have cause to question a judge’s interests in a court case, of harassment and even hostility, just because the very transparency judges demand of everyone else in court may end up being used by the public to delve into the secrets of the judiciary’s undeclared private wealth, undeclared earnings, friendships and professional relationships, all of which may be relevant to countless cases in our courts.

And to make sure the Lord President had his way in his attempts to hinder proper public debate on the question of judicial interests, Lord Gill threw passages of the Scotland Act itself in the face of MSPs, claiming a somewhat debatable interpretation of the Act which Lord Gill implied exempted him from being called to answer questions on the very interests judges are so eager to keep secret.

Desperate to fluster any debate on the subject, Lord Gill even implied the very independence of the judiciary itself was being challenged in the proposal put forward to require judges to declare their interests.

Clearly, independence of the judiciary was not being challenged. The Lord President had again misapplied the term to stifle debate, as judges do when the tables of transparency are turned.

Scotland’s Judicial Complaints Reviewer Moi Ali answered this point in a recent media interview on the publication of her 2012-2013 annual report, stating : “I think it’s a confusion between independence and accountability. I really do think it’s as basic as that. The dividing line is completely clear.”

Lord Gill’s opposition to transparency of his and his colleagues interests was, and is absolute. There is to be no public debate. There is to be no register of judicial interests. There is to be no transparency when it comes to the judiciary.

Simply put, those who dispense justice cannot be, and cannot be seen seen to be immune from the laws which apply to all of us, from public expectation of transparency, or from serving the community as their position befits. There can be no excuse to the contrary.

What is there to fear ? What is there to hide ? We must all abide by the same law and the same expectation of transparency, but when a country’s most senior judge lunges so out of step with accepted norms and public expectation of complete transparency in all walks of public life, Government, the courts, and the justice system and effectively dictates policy to an elected Parliament that a proposal which is such a common requirement in most other walks of public life must not apply to the judiciary, there is a clear problem which brings into question the way in which the judiciary conduct themselves and are held to account for their actions.

While some have hoped for speedy action over the proposal for a register of judicial interests, the duration of the debate so far, and media publicity to the transparency plan has brought its own benefits, in terms of a multitude of new information on cases which clearly raise issues where judges have not declared interests and stepped aside, leading to potential injustice and the compromising of our courts.

Transparency, Lord Gill, is not rocket science. It is time for Scotland’s judiciary to declare their interests in a published register of interests, like all others in public life. Such a register will enhance public trust in a justice system which clearly needs it.

In support of Petition 1458, Judicial Complaints Reviewer Moi Ali wrote in her 2012-2013 Annual Report of her recognition of the issues of transparency raised in the petition, and recommended “any judicial register of interests should not be limited to pecuniary interests, but 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.” Video footage of the evidence session in which the JCR answered questions from MSPs can be viewed here :

JCR Moi Ali gives evidence to Scottish Parliament on a proposed Register of Judicial Interests (Click image to view video)

JCR 2012-2013 Annual Report confirms support for a Register of Judicial Interests, recommends extending interests to be declared. Register of Interests : I was invited to submit written evidence to the Scottish Parliament’s Petitions Committee on a register of interests for the judiciary and I did so in May.

I  supported the view of the petitioner, Peter Cherbi, that a register of interests would increase the transparency of the judiciary and ensure public confidence in the judiciary’s actions and decisions.

Responses from the Lord President, the Law Society of Scotland and the Scottish Government suggested that a register of interests is unnecessary because, among other things, the complaints process is a safeguard.

As Judicial Complaints Reviewer, I believe that some of the necessary independent safeguards are missing from the complaints process. In any event, registers of interest are now a normal part of public life.

We are fortunate to have an independent judiciary, whose independence must never be undermined. However, independence must not be confused with lack of accountability. Better transparency would enhance the judiciary’s standing and bring parity between judicial office holders and other holders of important roles in public life.

Although not required to do so, I prepared my own register of interests in May 2013, which was publicised using social media, is published on my website and also reproduced in this report. I believe that the JCR should be required to publish their interests, either by legislation or as a requirement set out in their letter of appointment from the Minister. Their independent oversight role makes the publication of their interests all the more important.

I suggested in my evidence that any judicial register of interests should not be limited to pecuniary interests, but 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.

I based my comments on the cases that I have reviewed and the nature of the original complaints raised. I followed up in September with oral evidence and further written evidence, an account of which will be given next year.

Previous articles on the lack of transparency within Scotland’s judiciary, investigations by Diary of Injustice including reports from the Sunday Mail newspaper, 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

Petition PE1458: Register of Interests for members of Scotland's judiciary is due to be heard again at the Scottish Parliament after the Convener and Deputy Convener of the Public Petitions Committee meet the Lord President in a private meeting to be held sometime in January 2014.

39 comments:

  1. No doubt the Convenor and his Deputy will be read the riot act and be told in no uncertain terms just exactly who is in charge?

    I have zero trust in the Scottish Judiciary as a result of Lord Gill's unreasonable and undemocratic actions?

    It is almost as if he is trying to act in exactly the opposite way as a real Lord Advocate should act?

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  2. There is too much effort being expended by Lord Gill against your transparency petition for his own good.Quite clearly there is too much to hide and the parliament should act on this register of yours now.

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  3. Gill will want to land you on the moon after reading this

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  4. With the judge willing to risk his reputation to the point of threatening your parliament there must be a lot to hide- the same thing they usually preach to us if we dont answer their questions

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  5. Transparency is anathema to them because they are bought and paid for. Secrecy and justice are mutually exclusive.

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  6. I have to agree it is amazing just how much your question about judges interests has brought the very integrity of the judiciary into question not only in Scotland.

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  7. Very arrogant of Lord Gill to accuse the media and others of potential harassment of his colleagues over their interests..

    Was this done to frighten off the press from covering your petition and the interests issue?If so it has badly backfired on him.

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  8. No doubt in my mind after reading these judges are guilty of lying and hiding their secrets because whatever it is they are hiding is crooked

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  9. Moi Ali knows what she is talking about in that video clip so I hope the msps listen to her and do something about these judges.

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  10. Playing for time.Gill either knows or suspects some of his pals on the bench are bent and wants to delay this as long as possible.

    I came to this conclusion awhile back and I am sure others feel the same is going on.

    How about it Mr Gill?

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  11. Well whatever is going on in the background one sure thing is we now all know the judges are just as rotten as the rest of society.

    No transparency no justice no honesty no respect for anyone else but themselves.

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  12. The public descriptions of Lord Gill's behaviour clearly portray someone who is acting in a manner that is the complete opposite of the way a Lord President should Act?

    Either the position of Lord President & Scottish Justice has irrevocably fallen into disrepute or there is a very low bar standard set for the qualifications of a Lord President?

    Either way, the People of Scotland are being shat upon from a great height and Scotland's Justice Minister needs to stop sitting on his hands and pluck up the courage to do the right thing for a change?

    This is not only an election killer. It is a Referendum Killer?

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  13. Frankly,the content of Gill's letters to the msps is drivel and not what one would expect from a Chief Justice.

    The lowest point was reached with the argument about the Scotland Act and who can make who appear in front of them at Holyrood.You are right to keep on about this however one wonders why the SNP Scottish Government are not shouting more about Gill's erroneous interpretation of the Act.Could it be due to who has been sitting too long in the rocking chair at the Justice Dept?

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  14. Mr Gill the man who said the system was Victorian.
    Trouble is I noticed today the Save Justice brigade out in force again ranting about Legal Aid cuts. Strange people, they don't want to know about justice when clients want crooked lawyers sued, the court doors slam shut because the client cannot get legal representation, or Legal Aid. Poetic justice I hope Grayling keeps chopping the Legal Aid budget.

    Someone said Gill will want DOI landed on the Moon. I would gladly go with them rather than trust any lawyer again. What I really hate about these out of touch people is their hypocrisy, justice is about how much money they can get. Ruined clients are not allowed justice and there is no complaints system against them either. Keep up the pressure DOI. Had your own way too long Judiciary, no more.

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  15. Makes sense if you think about it Peter because the whole rotten courts set up is bent from start to finish and nothing is ever done about it.

    Why is that now?

    Well it is because the judges are also sitting there with plenty to hide themselves and just look at the reaction when for a change you asked about what they have to declare.

    If the top man in charge of the courts system is busy threatening the Scottish Parliament against showing up to answer q's on his/his colleague's interests then just think of what other forms of corruption are lurking in the lower ranks - we don't need to imagine because I also found your story about the courts staff fiddling business out of the system and gorging on hospitality!

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  16. dont fancy independence in a country with such a troubled justice system

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  17. I live in England but I have been reading your blog all day!I think most of what you write equally applies to here and not just Scotland. It is nice to know someone cares about the law so much to inform us of its many down sides especially of those who are supposed to be trustworthy but they are not!

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  18. Very good.Your 'top judge' (he is anything but) has spent the last year ruining what little integrity was left in the Scottish judiciary.It is obvious from your post this Lord Gill is attempting to overcomplicate the argument for a register of judicial interests.
    I trust everyone else can see through the excessively hostile accusations of the judge over what may happen if a register is actually published.

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  19. Surely the evidence given by Moi Ali is enough to convince msps they need to act on this register now?

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  20. Surely the evidence given by Moi Ali is enough to convince msps they need to act on this register now?

    8 January 2014 12:35

    You would think so given her comprehensive testimony and the fact just about everyone understands the need for transparency

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  21. The English are starting to realise their own justice system is as much a mess as our Scottish justice disaster

    http://www.bbc.co.uk/news/uk-25647046


    Sir Keir Starmer: Legal system 'not fit for purpose'

    Sir Keir Starmer said the legal system was failing victims

    The justice system in England and Wales "is not fit for purpose for victims", the former chief prosecutor has said.

    Sir Keir Starmer said: "The more vulnerable you are as a victim, the less able the criminal justice system is to protect you."

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  22. When the top man in the justice system is as arrogant towards transparency as he is and even defying the parliament you can tell the whole justice system is completely useless and cannot be trusted.No wonder the Law Society and their gang get away with murder every day and all the thieving lawyers do and they can always look forward to a position on the bench after all their client robbing and take millions off taxpayers and keep lobbying for their pals lower down the line.Disgusting!

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  23. The lack of transparency continues, with the two Committee members being summoned to Lord Gill's private Chambers?

    Lord Gill seems not to give-a-jot about transparency and accountability and is completely uninterested in doing the right thing and acting in the Public Interest?

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  24. Grim reading considering one of the Law Society of Scotland's representatives in their Brussels office attempted to persuade one of my colleagues this petition "is just a little local story".

    I think someone needs to call for an EU wide investigation of judges interests and that no judge be involved in such an investigation.

    Meanwhile continue with your coverage as I am told some meps are now taking an interest in this matter.

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  25. Lord Gill is appearing as if he is desperately grabbing onto the rotten vestiges of a corrupt old boys private club by his fingernails and is panicky over any investigation into how the Scottish Judges have been allowed to 'get away with it for so long'?

    You would think that the head of the Judges would be leading the way in championing the cause for transparency and accountability to the Scottish Public?

    Why does Scotland have to keep putting up with people who are not serving Scotland but instead are protecting partial self interest?

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  26. Anonymous said...
    The English are starting to realise their own justice system is as much a mess as our Scottish justice disaster

    http://www.bbc.co.uk/news/uk-25647046


    Sir Keir Starmer: Legal system 'not fit for purpose'

    Sir Keir Starmer said the legal system was failing victims

    The justice system in England and Wales "is not fit for purpose for victims", the former chief prosecutor has said.

    Sir Keir Starmer said: "The more vulnerable you are as a victim, the less able the criminal justice system is to protect you."

    8 January 2014 15:43
    %%%%%%%%%%%%

    And when you consider that the English Regime is infinitely better than the Scottish lot you can see just how punished we Scots are?

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  27. Public servants obsessed with keeping their activities secret. Transparency is not rocket science, but it is clearly intimidating for those who want to avoid it at all costs.

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  28. In view of the circumstances whatever happens at this meeting should be fully reported at the parliament and Gill left in no doubt transparency must prevail over his demand for secrecy

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  29. Power, clearly Scotland is governed by it's Legal Dictatorship with the MSP's bending over for their bosses like Gill. Will your vote diminish Gill's power in all matters legal? Power is not in the hands of the electorate. He wants Independence but does nothing about the Legal Dictatorship disguised as democracy. Salmond will give you free prescriptions but will deny you legal rights by protecting the judiciary. To be rightless means you become a thing not a person to be abused as they see fit.

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  30. Good headline - I like the way you compared the transparency idea in your petition to Gill trying to complicate things to the extreme.

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  31. What a relief to see someone from inside the system like Moi Ali come out fighting and tell the msps how it really is.Cant praise her enough really and hope your petition benefits a lot from her support.Good work all round and to the Sunday Mail for going with it.

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  32. I suppose at the end of the day no one actually was brave enough to start asking questions of these judges interests before now and this is why you are finding out just how hostile and arrogant these supposedly top people really are.No surprise really those who claim to be the most honourable are willing to get down in the mud and throw threats around even threaten your elected house with non attendance and attacking the press even before someone has actually accused a judge of impropriety over their interests..

    There is a lot of mileage in this story so keep up the good work and get digging!

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  33. "Grim reading considering one of the Law Society of Scotland's representatives in their Brussels office attempted to persuade one of my colleagues this petition "is just a little local story".


    Ah, so the employees of the Law Society of Scotland in Brussels are just as adept at being as economical with the truth as their paymasters in Edinburgh.

    Why I wonder is no-one surprised?

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  34. Anonymous said...
    Power, clearly Scotland is governed by it's Legal Dictatorship with the MSP's bending over for their bosses like Gill. Will your vote diminish Gill's power in all matters legal? Power is not in the hands of the electorate. He wants Independence but does nothing about the Legal Dictatorship disguised as democracy. Salmond will give you free prescriptions but will deny you legal rights by protecting the judiciary. To be rightless means you become a thing not a person to be abused as they see fit.

    9 January 2014 13:09
    ///////////////////////////////////

    What is the point of anyone in Scotland voting in an election or Referendum when the Scottish Politicians are not in power and it is the hidden masters of secrecy who are manipulating the puppet's strings behind the hidden screen ?

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  35. Yet again we are shown where the real power in Scotland lies, with the politician's being treated like naughty school boys being summoned to the Headmaster's room for a good seeing to with the cane?

    How demeaning it must be for these conscientious politicians to be treated in such an insulting way?

    This is no-way for a Lord President to behave where he demands respect instead of commanding respect and says all we need to know about what is wrong with this ongoing self serving cabal?

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  36. Put Ms Moi Ali in charge of a team of people to determine all complaints against Scottish Judges and Sheriffs. That way, genuine complaints won't be summarily dismissed so that we can find out once and for all the number of crooks passing themselves off as Scottish Judges and Sheriffs so that they can take responsibility for their actions?

    This is the first step towards repairing the damage done to the Judicial System which is universally regarded as institutionally corrupt, even by some eminent Advocates?

    'I have no problem at all defending my Client and getting them off when I know they were guilty of the offence because I balance that with the miscarriages of Justice that are routinely perpetrated by the Crown against the innocent'

    By an Eminent Scottish Senior Counsel

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  37. Anonymous said...

    Gill will want to land you on the moon after reading this

    6 January 2014 22:50

    The way Gill is acting he sounds like he landed himself on the moon

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  38. Maybe he is scared some of the msps will ask him why there are a few judges sheriffs civil servants and Police on photos & videos taken in recently raided Edinburgh saunas.
    Anyone like to take a guess as to why these pictures have not been published yet?

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  39. What a tawdry affair.

    Mr Gill's bizarre behaviour continues to attract deserved criticism but with each passing day brings the Office of Lord President into terminal disrepute?

    It's like watching a car crash in slow motion?

    Cringeworthy!

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