Friday, November 28, 2014

SUBBING FOR THE BENCH: Legal Affairs Minister set to appear before MSPs to answer questions on proposal to create a register of interests for Scotland’s judiciary

Legal Affairs Minister Paul Wheelhouse to face MSPs on judges register plan. WITH the departure of Kenny MacAskill as Justice Secretary, it has been revealed the new Community Safety & Legal Affairs Minister - Paul Wheelhouse - is to attend the Scottish Parliament’s Petitions Committee on December 9 2014 to face questions from MSPs on calls to create a register of judicial interests as contained in Petition PE1458: Register of Interests for members of Scotland's judiciary.

The move comes after the recent lively debate on judicial interests in the Scottish Parliament’s main chamber on Thursday 7 October 2014,  where msps overwhelmingly supported motion S4M-11078 - in the name of Public Petitions Convener David Stewart MSP on petition PE1458 and urged the Scottish Government to give further consideration to a register of interests for judges. The debate was reported by Diary of Injustice along with video coverage here: TRANSPARENCY TIME: Top judge & Scottish Government told to rethink refusal on declarations of judges as Holyrood MSPs support calls to create a register of judicial interests

Petition PE1458 – a proposal to increase judicial transparency and submitted to the Scottish Parliament’s Public Petitions Committee in late 2012 envisages the creation of a single independently regulated register of interests containing information on judges backgrounds, their personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, 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.

Previously, during the last Holyrood hearing of the petition - on 28 October, MSPs agreed to call in the then Justice Secretary – Kenny MacAskill - to face questions on the proposal to register all of Scotland’s judges interests. Mr MacAskill had previously opposed the proposal, almost to the letter of the opposition vented by Scotland’s top judge, the Lord President & Lord Justice General Brian Gill.

MSPs also demanded to see the unredacted 2014 annual report of the Judicial Complaints Reviewer (JCR), Moi Ali - who has since quit the judicial investigator role - comparing it to “window dressing”. So far, the Scottish Government have not published Moi Ali’s 2014 annual report.

Public Petitions Committee : Register of interests for Scotland's judiciary Petition PE1458 Scottish Parliament 28 October 2014

However, it can now be revealed that in response to the Committee Convener’s invitation letter to Mr MacAskill asking him to appear before the Petitions Committee, the Scottish Government instead selected the then Legal Affairs Minister Roseanna Cunningham – who gave a speech for the Government in place of the Cabinet Secretary for Justice during the October debate - to attend an evidence session in place of Mr MacAskill.

Now, with the sacking of MacAskill and Ms Cunningham’s shift of portfolio amid the Cabinet Reshuffle by Scotland’s new First Minister Nicola Sturgeon, the torch has been passed to Mr Wheelhouse to appear before MSPs and answer why the Scottish Government has so-far sided with secrecy and judges who are worried exposure of their mega riches and connections may damage their judicial privacy.

Legal insiders say it will be interesting to hear how the new Legal Affairs Minister will respond to questions as to why Scottish Ministers have previously stated they believe the motley collection of judicial oaths and rules, all approved and written by the judges themselves -  are sufficient ‘safeguards’ to deter calls for full transparency of the judiciary’s vast wealth, business & family connections, and links to big business including companies convicted of criminal offences.

While the Scottish Government have made clear their objections to the transparency proposal,  the call to create a register of judicial interests is widely supported in the media, and has the backing of Scotland’s first Judicial Complaints Reviewer, Moi Ali – who gave her support for the petition during an evidence session before MSPs at the Scottish Parliament’s Public Petitions Committee last September, 2013.

TOP JUDGE WHO SAID NO-NO TO TRANSPARENCY & SCOTTISH PARLIAMENT:

Scotland’s top judge Lord President Lord Brian Gill fiercely opposes calls for any form of transparency & public accountability of the judiciary and Scotland’s Courts.

Over the course of nearly two years, Scotland’s top judge Lord Gill has focussed his anger on a Scottish Parliament investigation into calls for a register of judicial interests. The register proposal would reveal the judiciary's vast personal, undeclared wealth, extensive family and business connections throughout the legal profession, links to big business, offshore trusts & investments, ownership of numerous and high value properties through a variety of ‘creative’ arrangements, directorships, shareholdings, and even unpublished criminal records of members of the judiciary.

Lord Gill refused at least two invitations to appear before the Scottish Parliament to give evidence and face questions on his opposition to the proposal to create a register of judicial interests. The top judge has also used the Scotland Act as a loophole to avoid further scrutiny on the matter.

Lord Gill’s challenge to MSPs declared judicial opposition to transparency. In Lord Gill’s opening letter to MSPs on the call for a register of judicial interests, the judge claimed “In practical terms it would be impossible for all judicial office holders to identify all the interests that could conceivably arise in any future case. The terms of the Judicial Oath and the Statement of Principles of Judicial Ethics ensure that such a difficulty does not arise and that the onus is on the judicial office holder to declare any interest at the outset.”

In what was a hint of the sheer hostility felt by the judiciary against a call to bring transparency to judges interests, Lord Gill went onto accuse the media, press, litigants, court users and just about everyone else with an interest in transparency of being potentially hostile and aggressive, simply because someone may wish to raise questions of judges interests similar to the same kinds of questions which are raised of interests in other public officials and those in public life, politics & government.

And, if MSPs were unsure of the depth of Lord Gill’s attitude towards transparency, the top judge went on to refuse to appear before the Scottish Parliament, and used a loophole in the Scotland Act to justify his sweeping declaration he did not require to answer questions from Scotland’s democratically elected politicians. 

Lord Gill’s use of Scotland Act against MSPs was reported in the media. Writing in a letter to msps, Lord Gill implied cooperation with Parliament would be withdrawn over calls to make judges more transparent in register : “Section 23(7) of the Scotland Act provides inter alia that the Parliament may not require a judge to attend its proceedings for the purposes of giving evidence. This is not a loophole. It is a necessary part of the constitutional settlement by which the Parliament is established. Its purpose is to protect the independence of the judiciary, a vital constitutional principle that is declared in section 1 of the Judiciary and Courts (Scotland) Act 2008”

The judge continued: “When a committee invites a judge to give evidence before it, I have to decide whether the subject matter might infringe the principle of judicial independence; and whether the evidence required could be satisfactorily given in writing.”

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

46 comments:

Anonymous said...

Thanks for the Friday thrill.
Will Gill be providing the Minister's script like he did for Roseanna Cunningham?

Anonymous said...

Interesting turn of events - although dont think anyone will miss MacAskill especially after his last video performance on the slcc reforms.

Anonymous said...

Sturgeon also supports the crooked judges keeping their secrets secret??

Anonymous said...

I think the best you can hope from the new justice minister is "we'll look into it, but need time, new cabinet now, blah blah blah...".

At worst he will simply follow the party line and mimic Gill's opposition.

Hope I'm wrong.

Anonymous said...

Paul Wheelhouse - the stand-in for Lord NO-NO.

Wonder how the msps feel about being shunned by top judge + cabinet secretary and now having to make do with number three..

Anonymous said...

Everyone gets the argument judges must declare their interests so just make it the law!

Anonymous said...

Too much to hide not even MacAskill dare face the cameras on this one!says a lot about what the judges are up to probably with full knowledge of Ministers!

Anonymous said...

Sturgeon wont do any different from Salmond and MacAskill because Scottish Govt need the judges to keep the rest of us down.
This is what it is all about big gov using the judiciary to keep the peasants at bay so the judges are allowed to do what they want.

Anonymous said...

Amazed they are getting away with this - if Cab Sec for Justice asked to attend it should be him not substitute.

Anonymous said...

Jackson Carlaw sounded more believable when he said what the Law Society felt about the Petitions Committee in the other debate

Anonymous said...

Good thing you raised this petition because now we know the judges are absolutely crooked!!

Anonymous said...

What a relief at getting rid of the justice idiot the streets are a little safer!

Anonymous said...

I am surprised anyone speaks up for a judge who told the parliament to go stuff it.Another vested interest speaking up for a vested interest/

Anonymous said...

Anonymous said...
Paul Wheelhouse - the stand-in for Lord NO-NO.

Wonder how the msps feel about being shunned by top judge + cabinet secretary and now having to make do with number three..

28 November 2014 12:52
........................................

Far better a resolution than us putting up with a No. 2 but at least now he has gone.

Anonymous said...

The Lord NoNo headline should have an award of some kind,it must be the best story I have ever read about a judge and pins them down to exactly what they are - judicial dictators answerable to no one.

Anonymous said...

Dont bother breathing a sigh of relief at MacAskill's departure,you will notice no change.

And for the record I saw Paul Wheelhouse at a UN climate change junket in Qatar a couple of years ago.

Just like your top judge no one goes to Qatar for the tourism.The conference circuit in Qatar is a holiday junket and they all have a good laugh away from the cameras.

I should know I used to work for a company in Doha which was shut down because the management did not pay enough bribes to 'politicians' - if you want to call them that.

Anonymous said...

I saw a television clip of Nicola Sturgeon being sworn in as the First Minister and could not help feeling that the line up of Scottish Judges glowering down at her with deep scowls on their faces was a very intimidating and was a power-play by Lord No No?

Lord No No must be livid with Nicola for disregarding the Law Society of Scotland's selection for Justice Secretary Roseanna Cunningham and instead going for her own choice?

This shows real leadership and is a positive sign that she will not be tied-in to partial secretive self interests and that she has the confidence to stand up to the crooks who are dragging Scotland down?

Anonymous said...

After Kenny MacRaskill totally let down the Scottish People by being the Law Society of Scotland's mouthpiece, it will be interesting to see if Paul Wheelhouse sticks up for the Scottish People or if he has already been got at by the Law Society of Scotland.

Diary of Injustice said...

@ 29 November 2014 12:22

Would like to hear more ... please contact the DOI team.

Diary of Injustice said...

@ 29 November 2014 12:36

The proof will be in real actions.

Hope for change and off the record meetings behind closed doors along with the wolves in sheep's clothing types bring no reform and nothing of use to change the status quo in Scotland's self serving self protecting justice system.

Anonymous said...

Anonymous said...

After Kenny MacRaskill totally let down the Scottish People by being the Law Society of Scotland's mouthpiece, it will be interesting to see if Paul Wheelhouse sticks up for the Scottish People or if he has already been got at by the Law Society of Scotland.

29 November 2014 12:45

As a follower of this debate I doubt it

Remember Gill is writing the script and we know this because the msps said so themselves

Anonymous said...

"the torch has been passed to Mr Wheelhouse to appear before MSPs and answer why the Scottish Government has so-far sided with secrecy and judges who are worried exposure of their mega riches and connections may damage their judicial privacy."

Correct.
This is all about protecting the judiciary from exposure of their links to banks etc and money they have squirreled away.

Anonymous said...

Anonymous Anonymous said...
I saw a television clip of Nicola Sturgeon being sworn in as the First Minister and could not help feeling that the line up of Scottish Judges glowering down at her with deep scowls on their faces was a very intimidating and was a power-play by Lord No No?

Lord No No must be livid with Nicola for disregarding the Law Society of Scotland's selection for Justice Secretary Roseanna Cunningham and instead going for her own choice?

This shows real leadership and is a positive sign that she will not be tied-in to partial secretive self interests and that she has the confidence to stand up to the crooks who are dragging Scotland down?

29 November 2014 12:36

===================================

Sorry to disappoint you but she is a crooked evil scrawny rat bastard like the rest of them. The things she did when she was a solicitor would make your hair turn green.

Anonymous said...

Far too much corruption going on in the judiciary now I read some of your other postings and also this register of the top judges showing the bribes companies.Good to get it all out in the open so everyone knows.

Anonymous said...

I wish someone from the police would stand up for the Scottish People for once and take action against these crooks who have believed they are above the law for far too long?

Anonymous said...

Why are they letting the judge away with it he should be called in and made to appear just like everyone else!

Anonymous said...

When will Scotland ever get out of the death-like grip of the Law Society of Scotland, who get to make the rules up as they go along and subvert the law whenever it suits their criminal, self-serving, back-slapping, gravy-slurping interests?

Anonymous said...

This is an excellent debate you are having on judges and your blog is just fantastic:)

Anonymous said...

Initially thought this may be a positive development until I read he is part of the Qatar junket political crowd so we know where this is going..

Anonymous said...

I hope Nicola Sturgeon has got the confidence to stand up to these Scottish lawyers.

The most reviled and corrupt organisation in the whole of the world.

Anonymous said...

I like this petition of yours a lot and the wording for it.Should be encouraged everywhere for all judges.

Petition PE1458 – a proposal to increase judicial transparency and submitted to the Scottish Parliament’s Public Petitions Committee in late 2012 envisages the creation of a single independently regulated register of interests containing information on judges backgrounds, their personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, 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.

Anonymous said...

The best thing about the Cherbi blog/Diary of Injustice?

You scare the living daylights out of the Judicial Office because you report what others cannot or are persuaded against.

I suppose you do know the SCS is about the worst work environment to work in Scotland.Not least because we have to deal with the victims, lord warthogs and all kinds of unpleasant individuals and time wasters who stroll through the system and think they own it.I realise you do write about my colleagues from time to time.Some well deserved posts others perhaps a bit too close to the bone but take heart you always get your facts right.Almost as if you are somehow present in our office.Uncanny.We all read your blog Peter although not during work hours because the network admins are always on the watch.Even if they do read you all the time and do not admit it.I can imagine someone reading this comment right now and trying to figure out who among us wrote it and who may have a potential grievance against one of the most powerful pensioners on earth with the best maintained set of teeth in Scotland.In spite of his copious awards and diplomatic credentials he comes a poor last to your features on the justice system.

Suffice to say keep up your sterling work.

Anonymous said...

First time i found out judges are so secret why is this allowed to happen and why are the government trying to cover it up

Anonymous said...

Thanks for publishing my comment.The Qataris will not be happy you looked into their affairs.They are an unpleasant bunch.Telegraph headlines of bankers to terrorists are more accurate than many wish to believe.Anyone who has worked in Qatar long enough and is in the know will confirm it.Good to see you are one of the honest journalists around.I will speak to you soon.

Anonymous said...

How can the Cabinet Secretary for Justice get away with not showing up at a ScotParl committee?

If they asked MacAskill surely Michael Matheson has to show.

Diary of Injustice said...

@ 30 November 2014 16:22

Thanks.

@ 1 December 2014 13:33

There is a protocol in place where the Scottish Government can select a Cabinet Minister to go to a Scottish Parliament Committee however you are correct ... the invitation was to Mr MacAskill in his post as Justice Secretary and therefore it should be the Justice Secretary who attends the Public Petitions Committee ... otherwise there are echoes of Lord Gill and the refusals to attend.

Anonymous said...

What is the point of us having Mr Wheelhouse at the helm, only to find that the disgraced and discredited Law Society of Scotland have jealously taken control of the rudder?

Anonymous said...

No Rules for the Law Society of Scotland

No Rules for the SLCC

No Rules for the SSDT

No Rules for Scottish Sheriffs and Judges


Instead, they have a bunch of sentences on bits of paper that is intended to dupe the Scottish Public into thinking that because these Rules are written down, that they are being complied with?

The common denominator in all of these sham organisations is that they have Zero credibility because they have Zero Compliance of any kind whatsoever, so what do they do, they just make up their own unwritten rules as they go along?

Why?

Because they can?

Anonymous said...

Lord Gill sends on his substitute Paul Wheelhouse

Bit embarrassing isn't it

Anonymous said...

If you are collecting news on Qatar try this for size;

Ever heard the one about the politician who came back from a conference in Qatar with a load of handouts.His advisers were in on it.Big alterations to his properties,new cars,holidays,opens up a dummy company with his wife,kids change school and then he claims for the alterations on his Westminster expenses in an attempt to make it legit.No prizes for guessing the name.The story never made it past copy after it got pulled due to legal threats.Scottish lot at the same meeting.No one comes away from Qatar empty handed.You get what I am saying right?

Anonymous said...

Anonymous said...

Interesting turn of events - although dont think anyone will miss MacAskill especially after his last video performance on the slcc reforms.

28 November 2014 11:48

Good riddance!

The Law Society will already have briefed the new justice minister on what he cannot do as in save the people from the money grabber lawyers and rubbish courts presided over by dictators in ermine gowns.

Anonymous said...

Politicians coming back from Qatar with bags of bribes?

They must be very fifa about this getting out!

Anonymous said...

Interesting comments about the politician and bribes from Qatar.Could this be one of the reasons Westminster recently destroyed all their expenses records..

http://www.telegraph.co.uk/news/newstopics/mps-expenses/11204405/MPs-to-escape-expenses-investigations-after-paperwork-destroyed-by-Parliament.html

MPs accused of abusing the unreformed expenses system will escape official investigation after the House of Commons authorities destroyed all record of their claims, the Telegraph can reveal.

John Bercow, the Speaker, faces accusations he has presided over a fresh cover-up of MPs' expenses after tens of thousands of pieces of paperwork relating to claims made before 2010 under the scandal-hit regime were shredded.

A former MP jailed for false accounting after fiddling his expenses has said he is “so glad” that all records of claims have been destroyed by the House of Commons authorities.

Denis MacShane, the disgraced former Labour minister for Europe, served six weeks of a six month sentence for expenses fraud after pleading guilty to filing bogus receipts for £13,000.

http://www.telegraph.co.uk/news/newstopics/mps-expenses/labour-mps-expenses/11204741/So-glad-Denis-MacShane-crooked-ex-MP-celebrates-destruction-of-expenses-records.html

Anonymous said...

Anonymous said...
Interesting comments about the politician and bribes from Qatar.Could this be one of the reasons Westminster recently destroyed all their expenses records..

http://www.telegraph.co.uk/news/newstopics/mps-expenses/11204405/MPs-to-escape-expenses-investigations-after-paperwork-destroyed-by-Parliament.html

MPs accused of abusing the unreformed expenses system will escape official investigation after the House of Commons authorities destroyed all record of their claims, the Telegraph can reveal.

John Bercow, the Speaker, faces accusations he has presided over a fresh cover-up of MPs' expenses after tens of thousands of pieces of paperwork relating to claims made before 2010 under the scandal-hit regime were shredded.

A former MP jailed for false accounting after fiddling his expenses has said he is “so glad” that all records of claims have been destroyed by the House of Commons authorities.

Denis MacShane, the disgraced former Labour minister for Europe, served six weeks of a six month sentence for expenses fraud after pleading guilty to filing bogus receipts for £13,000.

http://www.telegraph.co.uk/news/newstopics/mps-expenses/labour-mps-expenses/11204741/So-glad-Denis-MacShane-crooked-ex-MP-celebrates-destruction-of-expenses-records.html

2 December 2014 15:58
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Isn't it bizarre that in one part of of the UK Ministers are getting jailed for pinching a few thousand Pounds through creative accounting, while in Scotland, Scottish lawyers have been defrauding the State through theft from the Scottish Legal Aid Board Fund, stuffing £50 Pound notes down their boots until they are full, then come back again and again to bathe in this never ending stream of free cash, from the Scottish Tax Payer's hard earned money?

One group bound by the law?

The other group totally above the law?

Anonymous said...

Wheelhouse surrounded by civil servants + lawyers for the past two weeks rehearsing what not to say at the ppc I almost feel sorry for him

Anonymous said...

Every other country around the World must be thinking to themselves, in Scotland, the lunatics have obviously already overtaken that country.