Ex Justice Secretary heads to Holyrood Petitions Committee. FORMER Cabinet Secretary for Justice Kenny MacAskill, who was sacked by Scotland’s new First Minister Nicola Sturgeon in her recent cabinet reshuffle, has been moved to the Scottish Parliament’s Public Petitions Committee, replacing transparency crusader Chic Brodie MSP.
The move was announced last week with little fanfare - Motion S4M-11738: Joe FitzPatrick, Dundee City West, Scottish National Party, On Behalf of Parliamentary Bureau, Date Lodged: 27/11/2014 - that Kenny MacAskill be appointed to replace Chic Brodie as a member of the Public Petitions Committee.
The former Justice Secretary, who has been the star of many controversies in Scotland’s justice system, from the ‘compassionate’ release of AbdelBaset Al Megrahi – convicted for the bombing of Pan Am Flight 103 over Lockerbie, Scotland in December 1988, to presiding over faked-up crime figures, massive hand-outs of £1 Billion in legal aid to lawyers since the financial crash of 2008, continuing scandals at Scotland’s Crown Office & Procurator Fiscal Service, failed reforms of Scotland’s civil & criminal justice system, court closures, attempts to remove requirements of corroboration of evidence in criminal trials, and the destruction of local Policing across Scotland, is now set to pass verdict on motions proposed by members of the public attempting to make Scotland a better place.
The unexpected move to slot MacAskill on the Petitions Committee comes after the same Committee agreed in late October to call MacAskill to give evidence on a proposal to create a register of judicial interests as called for in Petition PE1458: Register of Interests for members of Scotland's judiciary.
However, MacAskill refused to show up to the Committee Convener's invitation, instead putting forward then Legal Affairs Minister Roseanna Cunningham – who urged the Scottish Parliament to reject judicial transparency during a debate in the Scottish Parliament’s main chamber on the petition held on 9 October 2014.
Since then, Ms Cunningham has also been replaced in her legal affairs portfolio, now handed to Paul Wheelhouse who will appear before the Petitions Committee and, ironically – Kenny MacAskill - next Tuesday, December 9 and answer questions on why the Scottish Government has sided with secrecy and judges who are worried exposure of their mega riches and connections may damage their judicial privacy.
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.
The proposal to create a register of judicial interests is also 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.
However, top judge Lord Gill has waged a bitter two year war against the proposal. The Lord President branded media as “aggressive” and complained court users would end up invading the privacy of judges - who have since been revealed to have criminal records, offshore interests, and investments in companies convicted of bribes, industrial espionage, bid rigging and other offences around the world.
During the Petitions Committee’s meeting of 28 October, 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”. The JCR’s anuual report has still not been passed to the Committee.
Mr MacAskill has previously stated his opposition to the creation of a register of judicial interests in letters to the Public Petitions Committee which always followed similar letters from Lord Gill.
MacAskill opposes register of judicial interests & judicial complaints reforms. IN previous letters to the Public Petitions Committee, Mr MacAskill slapped down the need for a register, and followed top judge Lord Gill’s line on judicial oaths, writing: “You ask whether the Scottish Government will review its position on whether members of the judiciary ought to register their interests. I note the evidence the Committee has gathered on this issue and, in particular, the arguments presented by the Judicial Complaints Reviewer (JCR) that a register of interests would increase transparency and public trust in the judiciary.
The JCR considers that there is merit in a register of interests for members of the judiciary. I do not think it necessary to establish such a register. I continue to be of the view that there are already sufficient safeguards in place to ensure the impartiality of the judiciary. These have been set out in previous correspondence and comprise the judicial oath, the Statement of Principles of Judicial Ethics and the rules made under the 2008 Act. I do not consider that the case has been made that these existing safeguards are not effective.”
In another letter to the Petitions Committee Convener, David Stewart, Kenny MacAskill also refused to acknowledge the need for amendments to the powers of the Judicial Complaints Reviewer role, writing: “In advance of any debate you have asked for comments on the letter from the Judicial Complaints Reviewer (JcR) to the Committee of 23 April 2014. In that letter the JCR states that she considers it likely that the number of complaints against the judiciary would fall if there was a published register of interests for the judiciary. As I have said previously, it would be for the Lord President to establish such a register of interests in his capacity as Head of the Scottish judiciary. However, the Scottish Government does not consider there is currently any evidence to suggest that the existing safeguards - the judicial oath, the Statement of Principles of Judicial Ethics and the Rules made under the Judiciary and Courts (Scotland) Act 2008 - are not effective and does not therefore consider that such a register is necessary.
The JCR expresses a concern that the rules about complaints against the judiciary are not fit for purpose. As you know, the complaints and discipline process created by the 2008 Act has been running for a relatively short time. The Complaints About the Judiciary (Scotland) Rules have been in operation for just over 3 years, and the Lord President is currently considering amendments to these rules following a consultation last autumn to which the JCR contributed.”
Mr MacAskill is also reported to have made private comments to msps against the creation of a register of judicial interests while he was Justice Secretary. Mr MacAskill also refused to grant further powers to the role of Judicial Complaints Reviewer, even after a stinging rebuke from Scotland’s first JCR - Moi Ali.
JUSTICE SECRETARY SAID NO TO JUDICIAL COMPLAINTS POWERS
JCR should have more powers – Moi Ali told Scottish Government. In her second annual report as Judicial Complaints Reviewer, Moi Ali called for the Scottish Government to give more powers to the JCR’s office to deal with errant judges. Ms Ali said: “I think fundamentally the problem is the legislation. “The way it’s created, it’s about self- regulation so you have judges judging judges’ conduct. There isn’t really an independent element.“I’m presented as the independent element but, without the powers, I can’t be independent. We have the appearance of independent oversight but not the reality.”
In response to calls for greater powers for the JCR, Justice Secertary MacAskill refused to grant any extra powers, and First Minister Alex Salmond supported MacAskill's refusal during questions at FMQ’s by John Wilson MSP at the Scottish Parliament.
However, it can now be revealed Alex Salmond himself had a legal relationship with Francis Gill - the son of Scotland’s top judge, Lord Gill – the same man politicians including the First Minister must consult and seek approval of, before changes to any powers of the office of Judicial Complaints Reviewer can be implemented. Mr Salmond made no mention of his relationship with Gill junior - which also involved representation on a complaint to the Press Complaints Commission - while he answered questions from MSP John Wilson during FMQ’s on 30 January 2014.
After MacAskill refused to consider new powers for the office of Judicial Complaints Reviewer, Moi Ali signalled she was standing down from the role, reported here: No powers to make things better: Judicial Complaints Reviewer to stand down from MacAskill’s “window dressing” justice watchdog over errant judges
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
47 comments:
Oh well there cant be any doubt now.MacAskill has been dropped on this committee to kill off any petition contrary to Brian Gill's interests.
Just shut down the Parliament that is what they want anyway why Sturgeon and co pretend they want democracy and people believe it is beyond me its all just show its all about keeping their pals in jobs
Obviously Chic Brodie said too much about transparency for Sturgeon's liking..
However, it can now be revealed Alex Salmond himself had a legal relationship with Francis Gill - the son of Scotland’s top judge, Lord Gill – the same man politicians including the First Minister must consult and seek approval of, before changes to any powers of the office of Judicial Complaints Reviewer can be implemented. Mr Salmond made no mention of his relationship with Gill junior - which also involved representation on a complaint to the Press Complaints Commission - while he answered questions from MSP John Wilson during FMQ’s on 30 January 2014.
FFFFFFF!!!
How the hell did that get past the press????Hello folks asleep at the wheel are we????
Wonder what John Wilson makes of this!!!!
Scottish Parliament now being run just for the interests of some top judge?Why bother and why bother with all that independence rubbish when as soon as someone suggest something the judges and lawyers are brought in to cut it off.Why give MacAskill another job after he wrecked the justice system and btw your summary of his starring roles is simply brilliant!
Obviously him being put on this committee has a purpose and it cant be a good one after what he all did as justice sec
aye poor Chic deviated from the Salmond High Command and gave one of the best speeches on your petition during that debate.
Only a matter of time before it caught up.
Hope others are taking note of this instead of twiddling their thumbs and nursing egos.
Someone must be taking the p*
They stuff MacAskill on a committee he refused to go to and then he is going to sit there and question the man going in his place and everyone thinks this is okay?
Dont know how anyone can be bothered to stand being in Scotland with the lawyer mafia running the show
Another attempt by the Law Society of Scotland to control debate and to influence politics to their own self serving agenda, and those of their friends.
However, there was a vote of no confidence in the hired mouth by MSP's in the interests of justice and fair play, so do not be surprised if he is encouraged to leave this committee without even getting his bum on a chair, regardless of how much the Law Society of Scotland will cry and stamp their feet that their inside man got nobbled again.
This appointment beggars belief and has clearly been engineered by Nicola Sturgeon, desperate not to tread on Law Society and Judicial toes.
I wonder what Chic Brodie was promised to get him to stand aside on the quiet?
Jackson Carlaw will now have an ally on the Committee, but it is to be hoped that the majority of Committee members show some backbone and live up to their previously stated support for the petition by forcing it into the statute books.
Nicola Sturgeon will never be trusted again after this, and nor will the SNP.
Talk about 'loading the dice', this is disgusting and shows the contempt the SNP snd Nicola Sturgeon have for 'due process'.
A disgraceful day for Scotland and its so-called 'independent parliament.
Haha that is a laugh Salmond represented by Gill's own son and doesnt say anything about it probably hopes no one ever found out too.What next?Is MacAskill going to engineer it so the entire Petitions committee are replaced with wax dolls a la Lord Gill style?
He still has his uses eh but not good ones
Just watched the other video clip showing Brodie talking about your petition and saying some stuff about transparency and this was at the end of October and now suddenly he is replaced by the same man who wants to kill off your petition.Pretty awful the whole thing really will Brodie speak out about it or has Scotland sunk so low now all this is quietly buried even after all those debates and the work msps put in etc
Surprise!Now the work begins to undo everything we know about the judges thanks to you!
and look at how the nats manage this here's a great example of First Minister knows better than Doctors
http://www.heraldscotland.com/news/home-news/sturgeon-patient-safety-was-not-put-at-risk-at-aberdeen-royal-infirmary.1417699306
Sturgeon: patient safety was not put at risk at Aberdeen Royal Infirmary
Thursday 4 December 2014
Nicola Sturgeon has insisted patient safety was not put at risk at a troubled hospital, despite being told staff shortages were so severe that doctors were being flown in from India and Jamaica.
The First Minister said: "While I am not defending anything in that report, that report was very careful to say patient safety had not been compromised.
haha yes I bet it was very careful not to say anything bad about patient safety or anything else which might help someone prove the truth about what is going on in hospitals and everything else in Scotland.
The former Justice Secretary, who has been the star of many controversies in Scotland’s justice system, from the ‘compassionate’ release of AbdelBaset Al Megrahi – convicted for the bombing of Pan Am Flight 103 over Lockerbie, Scotland in December 1988, to presiding over faked-up crime figures, massive hand-outs of £1 Billion in legal aid to lawyers since the financial crash of 2008, continuing scandals at Scotland’s Crown Office & Procurator Fiscal Service, failed reforms of Scotland’s civil & criminal justice system, court closures, attempts to remove requirements of corroboration of evidence in criminal trials, and the destruction of local Policing across Scotland, is now set to pass verdict on motions proposed by members of the public attempting to make Scotland a better place.
You deserve an award just for this para alone!
I suppose they had to put him somewhere but why there?No wonder people think the SNP are a party of lawyers for lawyers.
Any chance of Chic Brodie giving his version of events?
Must be awful to have to sit next to someone as politically damaged as MacAskill after all his bad publicity and now they stick him on a committee trying to up its profile.
This smacks of political skulduggery and knife in the back politics..
I wonder who knows more about 'jury rigging' than most....perhaps we should ask Lord Gill?
Kenny "he who pays the piper calls the tune" MacAskill....err I think we all know what to expect next.
The UN Observer Dr Hans Koechler was clearly spot on when he compared Scotland's justice system to that of a "Banana Republic" a few years ago - clearly nothing has changed since.
The donkey rides again!I hate to say it but with the press in Scotland it looks like we are sleepwalking into an East German model of Government
Salmond had Lord Gill's own son working for him and didnt say anything about it - just shows you how rotten politics is and why some are so keen to stop this register of yours becoming law.
Anonymous said...
Scottish Parliament now being run just for the interests of some top judge?Why bother and why bother with all that independence rubbish when as soon as someone suggest something the judges and lawyers are brought in to cut it off.Why give MacAskill another job after he wrecked the justice system and btw your summary of his starring roles is simply brilliant!
4 December 2014 21:36
---------------------------------
It's official. Scottish lawyer's fat salaries are more important that justice for the Scottish People?
Anonymous said...
This appointment beggars belief and has clearly been engineered by Nicola Sturgeon, desperate not to tread on Law Society and Judicial toes.
I wonder what Chic Brodie was promised to get him to stand aside on the quiet?
Jackson Carlaw will now have an ally on the Committee, but it is to be hoped that the majority of Committee members show some backbone and live up to their previously stated support for the petition by forcing it into the statute books.
Nicola Sturgeon will never be trusted again after this, and nor will the SNP.
4 December 2014 22:36
££££££££££££££££££££££
Show's that the Law Society of Scotland are throwing their weight around and making sure they can directly interfere with Peter Cherbi's Petition?
How can we put up with this overt corruption?
This is a shameful betrayal of the Scottish Public and confirms that the Law Society of Scotland are still manipulating Scotland's Politicians so that their dirty deeds are carried out?
The Law Society of Scotland no longer care if the Scottish Public know they are pulling the strings of our MSP's to further their own corrupt and self serving evil desires?
This is another classic case of Law Society of Scotland back-slapping and getting their own way and making sure the Scottish Public's Interests are forsaken so that they get what they want. Self serving power?
For the umpteenth year running, the Law Society of Scotland's autonoman wins the brass-neck award?
It would be great if you could find out what threats the Law Society of Scotland made on Nicola Sturgeon to force her to keep their man as the Law Society of Scotland's inside planted asset, where he can continue to represent the interests of the Law Society of Scotland and the Judiciary against the Public Interest?
What chance have we got for the rule of law and a level playing field, when the Law Society of Scotland can force their Agent of Destruction into areas of Government where he can cause the most mayhem as possible against the Scottish Public?
The Law Society of Scotland are so desperate that they are now showing their hand and their sphere of insidious influence to protect their self-serving interests?
Does anyone know what we have here, a first minister or a school mistress?
A wee moose with a big gob.
Interesting one about Salmond and Gill's son.I wonder why he used the son of Scotland's top judge instead of some other lawyer to do this.
http://www.pcc.org.uk/news/?article=NzYxNg==
Complainant Name:
The Rt Hon Alex Salmond MSP
Clauses Noted: 1
Publication: Daily Record
Complaint:
The Rt Hon Alex Salmond MSP complained to the Press Complaints Commission via Francis Gill & Co solicitors that the newspaper had published misleading information in breach of Clause 1 (Accuracy).
Resolution:
Following the complaint to the PCC, the matter was resolved between the parties.
Date Published: 19/01/2012
added to all this he is a rubbish msp I wrote to him for help and just got a load of letters back telling me he couldnt do anything
pointless exercise pointless msp
What do the Law Society of Scotland do when they lose control of the debate, which in their minds affects their self interests?
They put in their spokesperson so that he can bully and intimidate his 'colleagues' into changing their minds to support the Law Society of Scotland's interests and to rip-up Peter Cherbi's fantastic Petition and throw it in the bin?
I do not really see how MacAskill can participate in any debate about your petition given what he wrote in those letters and then other members of the petitions committee criticising him for it.
Amazing the lengths some in the legal profession will go to try and get their own way..
Your headline could also be "Man who freed jailed terrorist convicted of murdering 270 people gets job in parliament"
Lots of detail and all the evidence to quote from.
A very good blog and insight into the murky world of Scottish politics meets the legal fraternity.
The land of spiteful politics and bent judges continues to produce surprises.
Well dont worry Peter because MacAskill sitting there trying to give the other view is going to sound corrupt and it will be a laugh to watch Paul Wheelhouse flanked by the civil service bully team sitting there trying to justify secrecy for rotten judges out to line their own pockets.
Keep up the good work,any efforts against you just make you stronger!
I must have said this a million times that the Scottish parliament has done and is still doing Scotland a lot of harm because of MSP's lining their own pockets and changing and bringing out new laws for their on gain.
You try asking one of them to do something for you and good luck with that one. If they won't help the public perhaps that should be the next petition to shut the place down and get rid of all those lazy bone idle crooked bastards.
Exactly who is in charge at the Scottish Parliament?
Is it Nicola Sturgeon?
The Lord President Lord Gill?
Or
The Law Society of Scotland?
I wondered when the powers that be were going to start messing around with the committee members who have done a lot and shown the judges up for what they are.
I hope they all vote to create the register and order the judges to complete it and MacAskill has to sit there like a cry baby for Gill not getting his way!
Good old fashioned intimidation tactics from legal vested interests again - MacAskill is a lawyer of course he does not want a register of interests for the judges and he has his orders to stop it happening
Maybe the police should involve themselves in this battle for power, with MacAskill in the middle?
How can someone blinkered towards the self interests of the Law Society of Scotland and the Judiciary get parachuted into Scotland's Public Petitions Committee in place of a Patriot?
Scotland's People are so much in the DOI's debt for revealing the corruption going on behind our back?
This seems like a bullying tactic and it looks like The Lord President has decided that heads must roll and has appealed for the Law Society of Scotland's help to force Chic Brodie out and supplant their man Kenny MacAskill in his place so that they can veto any further positive discussion of Peter Cherbi's Petition and to veto any other similar Petitions about to be considered that expose criminality?
These numpties are not even trying to hide the dark influence they have over our elected representatives who are being used to protect their own self interests against the Scottish Public?
When did Scotland abandon Truth, Honesty and Integrity?
These seem like ancient pillars of some long forgotten land?
Scotland is going down the tubes with the Law Society of Scotland interfering in the running of Scotland?
When are the Scottish Police going to grow a pair and move in on these crooks and send them where the sun no longer shines?
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