Wednesday, May 20, 2015

YOU RAN, M’LORD: Departing top judge gets a wigging for protecting vested interests as Holryood MSPs call in Judicial Complaints Reviewer on register of interests for judges probe

Holryood probe on judicial transparency hits out at top judge MSPs who sit on the Scottish Parliament’s Public Petitions Committee have resisted calls by First Minister Nicola Sturgeon and Scotland’s outgoing top judge Lord President Lord Brian Gill to close down a long running investigation of transparency and accountability within Scotland’s mega rich, mega powerful & secretive judiciary.

In the latest hearing of a proposal to create a register of interests for judges as called for in Petition PE1458: Register of Interests for members of Scotland's judiciary, members of Holyrood’s Public Petitions Committee instead criticised the 73 year old top judge for protecting vested interests.

Commenting on Lord Gill’s opposition to judicial transparency, MSP Jackson Carlaw said:  “I understand that the Lord President is due to retire in due course, and we will wish him well. He will leave knowing that he has managed to protect all the vested interests that he has so assiduously sought to represent in the conduct of this petition.”

Mr Carlaw also suggested there could be “more enlightened engagement with the Lord President’s successor”.

The proposals to create a register of judicial interests 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.

At the meeting, held last Tuesday, the Petitions Committee considered the latest evidence including an intervention by the First Minister, letters from Lord Gill, the petitioner and Gillian Thompson - the Judicial Complaints Reviewer.

Concluding the brief debate, members of the Petitions Committee decided to invite Gillian Thompson, Scotland’s current Judicial Complaints Reviewer (JCR) to give evidence on the long running probe on judicial interests.

The consideration of Petition PE1458 at last Tuesday’s Public Petitions Committee hearing:

Petition 1458 Register of interests for Scotland's Judiciary Scottish Parliament 12th May 2015

Judiciary (Register of Interests) (PE1458)

The Convener (John Pentland MSP, Scottish Labour): The next petition is PE1458, by Peter Cherbi, on a register of interests for members of the Scottish judiciary. Members have a note by the clerk and the submissions. I invite contributions from members.

Kenny MacAskill MSP (SNP): I think that it would be appropriate to hear from Gillian Thompson, the new Judicial Complaints Reviewer. She is a fresh pair of eyes and asking for her reflections in her new role may give us some insight.

The Convener (John Pentland MSP, Scottish Labour): Does everybody agree with that? Are there any other comments?

Jackson Carlaw MSP (Scottish Conservative): I agree with Mr MacAskill. I understand that the Lord President is due to retire in due course, and we will wish him well. He will leave knowing that he has managed to protect all the vested interests that he has so assiduously sought to represent in the conduct of this petition. As we will be hearing from Gillian Thompson, who is new to her position, it may even be that there will be more enlightened engagement with the Lord President’s successor, so I am all for keeping the show on the road.

The Convener (John Pentland MSP, Scottish Labour): As many people do, I recognise that the existing safeguards are robust, but are they sufficient? The problem is that the public cannot see that they are robust, even though that may well be the case. I think that inviting Gillian Thompson in to give evidence would be appropriate. Do members agree to take the action proposed?

Members indicated agreement.

Previously, Lord Gill refused several invitations to appear at the Public Petitions Committee to account for his opposition to creating a register of judicial interests.

The top judge sent a series of angry letters to msps, declaring there would be no judicial transparency or a register of interests during his term as Lord President.

In a bid to dodge attending an evidence session at Holyrood to face questions in public from msps, Lord Gill angrily claimed a loophole in the Scotland Act prevented msps from compelling a judge to attend a Holyrood Committee.

Lord Brian Gill, Scotland’s longest serving judge went on to fight a bitter two year battle against the proposal to require judges to declare their vast wealth & business connections.

Gill recently announced he is standing down after holding the post for only three years, reported here: From Lord No-No to Lord Go-Go: Top judge stands down after transparency battle with Holyrood

Now, Gillian Thompson OBE – Scotland’s second Judicial Complaints Reviewer will face MSPs in a future evidence session at Holyrood.

The JCR is already on record as supporting the creation of a register of interests for members of the Judiciary.

JCR Gillian Thompson’s backing for Petition PE1458: Register of Interests for members of Scotland's judiciary comes after Moi Ali - Scotland’s first ever Judicial Complaints Reviewer – quit her role as JCR after describing the job as “window dressing” during an evidence session with MSPs in September 2013, reported here: As Scotland’s top judge battles on against transparency, Judicial Complaints Reviewer tells MSPs judges should register their interests like others in public life

In earlier written evidence to the Public Petitions Committee, Gillian Thompson wrote of her support for the proposal, and indicated she too had created her own register of interests for her role as judicial investigator.

Submission from JCR Gillian Thompson to Public Petitions Committee: I have seen the evidence provided to the Committee by my predecessor Moi Ali in May 2013, what was said by the Lord President in his written submission of 21 November 2014 and previously, the evidence provided by the Minister for Community Safety and Legal Affairs on 9 December 2014.

As a general principle I am in favour of those in public life, whether paid or unpaid, being required to maintain a register of interests including hospitality given or received.

We live in an age in which transparency about interests and activities of those in the public eye is regarded as good practice. There is a perception that anything less is the result of attempts to hide things. In the case of Judges, it is clear that court users and the public more widely seek reassurances of fairness and impartiality. I think it is difficult for those outside the Judiciary to understand the notion that the Oath taken by Judges on appointment should be regarded as sufficient evidence of their commitment to uphold the principles of public life.

Of course a register as called for by this petition would require to be kept up to date and the burden of cost and responsibility would have to be borne by, most likely, the public purse. It seems to me however that the costs attached would be offset to a degree by an increase in confidence and, conceivably, a drop in complaints.

In respect of the Annual Report by the Judicial Complaints Reviewer (JCR) for the period 1 September 2013 to 31 August 2014, the Report is now on the JCR website. It was sent in draft to the Lord President prior to publication.

Finally, I have undertaken to publish my own register of interests on my website. Currently in addition to my appointment as JCR for which I am paid a daily fee of £213 over a restricted number of days annually,  I am a non- executive director of Registry Trust Ltd a not- for-profit company based in London (fee of £8,200 paid for 10 days work a year), I am a Scottish Trustee of Stepchange Debt Charity (unpaid), a Scottish Ambassador for Tomorrow’s People a charity that works with disadvantage young people to find employment (unpaid). For each body I am required to provide regular updates of my interests. I am a member of the English Speaking Union Scotland and the Scottish Dachshund club. I make a monthly payments in support of Cancer Research, the RSPB and the SSPCA.

JCR Gillian Thompson’s support for the creation of a register of interests for judges featured in the Sunday Mail newspaper:

BACK IN THE DOCK - NEW BROOM WANTS JUDGES TO OPEN UP

Second legal watchdog says judges' refusal to support register of interests looks suspicious

By Mark Aitken Jan 18, 2015

NEW judicial complaints reviewer Gillian Thompson has given backing for register despite protests from Scotland's top judge, Lord Gill.

A LEGAL watchdog who quit after supporting a register of interest for judges has been backed by the woman who replaced her.

Moi Ali was appointed as the country’s first judicial complaints reviewer in 2011 but resigned last year claiming she had no power and got no co-operation from law chiefs.

She was also criticised by Scotland’s top judge, Lord Gill, over her support for a register of interest for judges.

But her successor Gillian Thompson has also given her backing for a register.

Holyrood’s petitions committee are considering a submission by legal campaigner Peter Cherbi for a judicial register of interests which could details gifts, hospitality and links to outside bodies such as law firms.

In a letter to the committee, Thompson wrote: “We live in an age in which transparency about interests and activities of those in the public eye is regarded as good practice.

“There is a perception that anything less is the result of attempts to hide things.

“In the case of judges, it is clear that court users and the public more widely seek reassurances of fairness and impartiality.”

Lord Gill has repeatedly dismissed calls for a register of interests.

But Cherbi said: “Two judicial complaints reviewers in a row have supported a register while Lord Gill suspiciously clings to secrecy and refuses to accept transparency must be applied equally to judges as it is to everyone else in public life.”

MSPs held a full debate on calls to create a register of interests for judges - in the Scottish Parliament’s main chamber on Thursday 7 October 2014, resulting in cross party support for the proposal. MSPs overwhelmingly supported motion S4M-11078 - in the name of Public Petitions Convener David Stewart MSP on petition PE1458, urging the Scottish Government to give further consideration to a register of interests for judges.

The full parliamentary debate was reported along with video footage and the official record, here: Debating the 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

40 comments:

Anonymous said...

Fancy that..old Gill did a runner rather than face up to your petition.

He is hiding something me thinks..

Anonymous said...

Will Gillian Thompson be as forthright in her evidence about judges as Moi Ali was?

If not then there is bound to be questions of vested interests nobbling witnesses..

Anonymous said...

Kenny MacAskill seems a bit too keen to have Gillian Thompson in for evidence.

Did he forget she already wrote this letter or is there some other scam going on in the background?

Tim said...

Gillian Thompson wrote "As a general principle I am in favour of those in public life, whether paid or unpaid, being required to maintain a register of interests including hospitality given or received.

We live in an age in which transparency about interests and activities of those in the public eye is regarded as good practice. There is a perception that anything less is the result of attempts to hide things. In the case of Judges, it is clear that court users and the public more widely seek reassurances of fairness and impartiality. I think it is difficult for those outside the Judiciary to understand the notion that the Oath taken by Judges on appointment should be regarded as sufficient evidence of their commitment to uphold the principles of public life."

Just make sure you say the same to msps when you show up on camera!

Anonymous said...

The top judge sent a series of angry letters to msps, declaring there would be no judicial transparency or a register of interests during his term as Lord President.

Thing is,whoever replaces Gill will be left with this bitter legacy.

If they change their mind and agree to the register this will show Gill up in a bad light.

If they carry on against the register they make themselves all look like crooks (probably are)

So it is left to msps to make the register law and then slug it out with the judiciary.

I say go for it and legislate!

Anonymous said...

You ran,mlord!
Good title :)

Anonymous said...

Where is Chic Brodie and David Stewart?
They sounded a heck of a lot more professional than John Pentland

Anonymous said...

No backtracking eh Gillian

Anonymous said...

MacAskill looks and sound like a car crash.If you are going to try and fuck up the petition Kenny just come out and say so instead of all this pretence on behalf of Ms Sturgeon and vested interests.

It is all round Holyrood Nicola needs the judges on side to pass through her control freak laws and this is why she is trying to kill off the idea about judicial declarations.

Anonymous said...

was MacAskill sober??

Anonymous said...

MSP Jackson Carlaw said: “I understand that the Lord President is due to retire in due course, and we will wish him well. He will leave knowing that he has managed to protect all the vested interests that he has so assiduously sought to represent in the conduct of this petition.”

+1 to Jackson Carlaw

Anonymous said...

How long is this going to run when it should be made the law?

Anonymous said...

Why is MacAskill asking for evidence from Gillian Thompson after she already said she supports your petition?

Is he hoping to catch her out or have they rehearsed what she will say and how he replies?

It is probably too obvious for him to demand the petition be closed down at this stage so something is definitely up here.

Remember Peter nothing is what it seems although am sure I do not need to tell you that!

Anonymous said...

The running judge Lord Gill running from a register of interests how far can he run at 73 and where will he run to next.

Anonymous said...

Watched the video clip.Not exactly a Congressional hearing is it.

Thankfully Mr Carlaw took the platform and gave the hearing some street cred against the antics of MacAskill.

We will be watching.

Anonymous said...

Sturgeon is unfit to be First Minister, a clandestine agent for the judiciary to protect their vested interests. No No does a runner.

Anonymous said...

Some intriguing articles on your blog about Gillian Thompson,will be interesting to see how far she goes in any evidence session.

Keep up the good work!

Anonymous said...

They should have Moi Ali and Gillian Thompson on together to talk about the judges and then we will get the full picture!

Anonymous said...

MacAskill's face at 1min 20sec after Jackson Carlaw has his say is priceless and sums up Kenny's attitude toward this petition in a snapshot.

Anonymous said...

New broom wants judges to open up so cant see her going back on her word now especially as you have her letter and press coverage.

Good work hope you are successful judges should declare their interests as we all expect them to.

Anonymous said...

""As a general principle I am in favour of those in public life, whether paid or unpaid, being required to maintain a register of interests including hospitality given or received."

So am I and so is everybody else om favour of a judge register of interests except those with something to hide - like the judges and lawyers!

Anonymous said...

Anonymous said...

Fancy that..old Gill did a runner rather than face up to your petition.

He is hiding something me thinks..

20 May 2015 at 17:00

Something very big and so secret he has to threaten parliament itself!

Anonymous said...

Anonymous said...
was MacAskill sober??

20 May 2015 at 20:51
xxxxxxxxxxxxxxxxxxxxx

My mate said he saw him on Musselburgh beach walking up and down the beach with a hat on an eating carrots.

Anonymous said...

Anonymous said...
Kenny MacAskill seems a bit too keen to have Gillian Thompson in for evidence.

Did he forget she already wrote this letter or is there some other scam going on in the background?

20 May 2015 at 17:43
????????????????????????

Great observation.

Looks like the Law Society of Scotland are going to push their appointee to sing like a canary to try to snuff out this petition and protect self interests.

Anonymous said...

It is good they are bringing in the new judicial complaints reviewer for evidence however surely it is now time to legislate and require judges to declare their interests.

Anonymous said...

I see Kenny boy sitting next to Carlaw in a failed SNP intimidation ploy, really what a PRATT.

Anonymous said...

Guess who's blog had a lot of mentions today in the rooms of Parliament House..

Anonymous said...

"Moi Ali was appointed as the country’s first judicial complaints reviewer in 2011 but resigned last year claiming she had no power and got no co-operation from law chiefs.

She was also criticised by Scotland’s top judge, Lord Gill, over her support for a register of interest for judges.

But her successor Gillian Thompson has also given her backing for a register. "

I bet Gill has some similar criticisms of Gillian Thompson now she supported your petition.

Anonymous said...

Lord Gill and his colleagues on the judicial bench will have accumulated a few more interests and links to business in the past two years of your petition.

This register must happen in Scotland and England/Wales.

Anonymous said...

I think the only reason McAskill jumped in and suggested calling the new Judicial Complaints Reviewer was because he knew it was more than likely others would. He seemed far too smug for my liking - almost as if he already knew the petition was heading for a dead end.

I hope I am wrong, but with past supporters such as former Convenor David Stewart and Chic Brodie moved sideways the writing is perhaps on the wall - and I wouldn't tryst Jackson Carlaw further than I could spit.

Anonymous said...

Obviously some moves going on behind the scenes to get this put to bed but now we know about the judges it cannot be silenced and we must have this register no matter who is having their arm twisted!

Keep up the good work Peter!

Parly insider said...

As one of my colleagues said to me last week "You just need to google *.* *.* and *.* (the new boys to this committee) to find horror stories connected to errm interests!"

Anonymous said...

I heard that Gill and Sturgeon drink in the same pub - Shenanigans.

Anonymous said...

looks to me like Jackson Carlaw saved the day from MacAskill's bile

so we have someone else coming in to say a register for judges is a good idea and she approves of it!

a good time to legislate?

Anonymous said...

Anonymous said...
Obviously some moves going on behind the scenes to get this put to bed but now we know about the judges it cannot be silenced and we must have this register no matter who is having their arm twisted!

Keep up the good work Peter!

23 May 2015 at 16:33
"""""""""""""""""""""""""""""""

Exactly.

The Genie is out of the bottle and cannot be put back.

They are desperate to keep their vested interests a secret from the Scottish People but by doing so, they have brought the Scottish Judiciary into disrepute and it was already in terminal decline over massive miscarriages of justice?

This latest attempt to keep vested interests from the Scottish People has made the Scottish Judiciary a dead-man-walking and Gill's capitulation should be just the start of the purge that is required to flush out the rotten core from the bowels of the Scottish Judiciary and Prosecutorial Systems?

Where would we be without the Public Spirited journalists of The Diary of Injustice?

Anonymous said...

It is obvious that Nicola Sturgeon and Lord Gill have changed the membership of the Scottish Public Petitions Committee in order to get the result that they want; for Peter Cherbi's fantastic petition to be voted down?

The thing is, the Scottish Public know this and are watching with interest and it has not escaped their attention that Nicola Sturgeon has already been caught with her fingers in the till over the gift of the court buildings deeds to a private group of wealthy self serving advocates, which in anyone's summation was naked fraud?

Either this petition goes ahead or there will be calls of treason?

Anonymous said...

I'm sick of the corruption by Scottish lawyers and how they are are above the law.

Anonymous said...

I cannot imagine Ms Thompson will be too pleased to be called in over this as she already say everything in her letter.

Anonymous said...

Is this the same Gillian Thompson civil servant who shut down the Account and Bankruptcy offices of over 100 staff and took them away for a day's rythmic drumming and hailed it a tremendous success for improving their morale?

Surely not a good omen for protecting the Public Purse?

Anonymous said...

MacAskill announced he is standing down at next year's Holyrood elections.

Will he also stand aside from the Petitions Committee or is he determined to stop your petition no matter what.

Here is DR's take on Kenny to go

http://www.dailyrecord.co.uk/news/politics/ex-justice-secretary-kenny-macaskill-standing-5833823

Ex-justice secretary Kenny MacAskill standing down as MSP to pursue 'third career'

6 June 2015 By Lucy Christie

THE SNP heavyweight wrote to constituency members last night to tell them of his decision but says he will remain committed to his dream of an independent Scotland.

FORMER justice secretary Kenny MacAskill has announced he will stand down as an MSP at next year's Holyrood election.

The member for Edinburgh Eastern said he is leaving the Scottish Parliament to "pursue new challenges", but said he would remain committed to the campaign for independence.

MacAskill, 57, was succeeded by Michael Matheson as Justice Secretary in Nicola Sturgeon's new administration after seven and a half years in the role.

During that time he made the controversial decision to release Abdelbaset al-Megrahi, the only person convicted of the 1988 Lockerbie bombing, on compassionate grounds.

He wrote to constituency members last night to tell them of his decision to step down in May 2016, the National reported.

The former solicitor told the newspaper: "I'm proud of the commitment and efforts I made, but it will now be up to others to take things forward.

"I am not leaving parliament to retire, but am leaving to pursue what might be considered a third career.

"Independence for Scotland will remain dear to my heart and I will be committed to it."

Mr MacAskill was elected a Lothians list MSP in 1999 and 2003, before winning Edinburgh East and Musselburgh seat from Labour at the 2007 election.

In 2011, he was elected MSP for the newly named constituency of Edinburgh Eastern.

Regarded as one of the SNP administration's heavyweights, he served as justice secretary from 2007 to November last year.

Before Holyrood he worked as a senior partner in an Edinburgh law firm and has written several books on nationalism in Scotland.

An excerpt from his letter to constituents, published in the National, said: "It is with a heavy heart that I have decided that it is time both for someone new and something new.

"Come next May I will have represented the constituency for nine years, and the wider area for 16 years.

"As with stepping down from ministerial office in November after seven and a half years as the longest service justice secretary, there comes a time when it is appropriate for fresh blood and also for new challenges."

Mr MacAskill said he had always planned to stand down in 2016, even if Scotland had returned a yes vote in September's independence referendum.

Fellow SNP MSPs paid tribute to Mr MacAskill on social media.

Culture Secretary Fiona Hyslop said: "Wishing Kenny MacAskill well for his future pursuits - his contribution to the success of the party of Government the SNP has been immense."

Former education secretary Michael Russell said: "Sorry to hear Kenny MacAskill is standing down. Great long term colleague, fine speaker, strong Cabinet secretary - he will be missed."

Tommy Sheppard, the newly elected SNP MP for Edinburgh East, said: "Just heard that my mate Kenny MacAskill is to leave Scottish Parliament. He's put in quite a shift. Hard act to follow. Thanks and good luck."