Ministers secretly met judicial figures over register for judges interests. DETAILS OF what took place at a secret meeting between Scottish Minsters and the head of Scotland’s judiciary over proposals to increase transparency of the judiciary - must remain secret - says the Scottish Government - who have today blocked the release of discussions between judges and politicians in response to a Freedom of Information request.
The secret meeting between Legal Affairs Minister Paul Wheelhouse and Scotland's now retired top judge Lord President Lord Brian Gill (73) and his aides was held in February - to discuss joint efforts between the Scottish Government and senior judicial figures to combat a long running Scottish Parliament investigation into proposals to increase transparency of the judiciary - Petition PE1458: Register of Interests for members of Scotland's judiciary.
The existence of the secret get together between Scottish Government Ministers and judges desperate to conceal their vast and varied interests from the public - only came to light in a letter of intervention from Scotland’s First Minister Nicola Sturgeon to the Scottish Parliament’s Public Petitions Committee at the end of March.
Releasing only a few unrelated sentences in heavily censored documents, the Scottish Government has now claimed it is not in the public interest for their private discussions with the Lord President and his advisers on how to cover up judges vested interests - to be disclosed to the public or media.
Within the sparse details of what has now been disclosed, a picture is beginning to emerge of a concerted joint effort between the Scottish Government and the judiciary to block any moves to advance the debate on judicial transparency – with civil servants reporting back to to the Judicial Office on their efforts to thwart calls to require judges to declare their interests.
The heavily censored documents - disclosed in response to the FOI request, reads as follows:
From: [Censored] Sent: 04 February 2015 09:43 To: [Censored] CC: Humphreys, Steve Subject RE: Meeting with Mr Wheelhouse
Thank you for this. I agree that the meeting went well and your note accurately reflects what was discussed and agreed.. We will keep you advised as to how matters develop.
Regards, [Censored]
From: Flinn, Roddy Sent: 03 February 2015 17:32 To: [Censored] Cc: Humphreys, Steve Subject: Meeting with Mr Wheelhouse
I thought our meeting today was very helpful. I think the key points, in short summary, are these:-
We are all content with the timescales and direction of court reform, though we know we have a busy year ahead.
[Censored] [Censored] [Censored] [Censored]
Happy to discuss further, Roddy Flinn, Legal Secretary to the Lord President, The Lord President's Private Office
Both the Scottish Government and Judiciary of Scotland are already on the record in opposing the proposal to create a publicly available register – which would see members of the public, court users, lawyers and the media all able to check out the vast wealth and connections of Scotland’s mega powerful, mega rich judges.
Scotland’s now former top judge Lord Gill refused several invitations to attend the Scottish Parliament and give evidence to MSPs, and Legal Affairs Minister Paul Wheelhouse - who also attended the secret meeting – was recently accused of misleading msps in an earlier evidence session at Holyrood held in December 2014.
The Scottish Government have now said it is not in the public interest for their ‘high quality policy and decision making’ private discussions with the judiciary on joint efforts to shut down debate around making the judiciary more transparency - to be revealed.
Jan Marshal - Deputy Director of the Justice Directorate, for the Scottish Government said: “An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the formulation of the Scottish Government's policy on a range of issues including a register of judicial interests.
This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption.
We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate.
However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions.
This means that officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications.
Their candour in doing so will be affected by their assessment of whether the discussions on the issues will be disclosed in the near future, when it may undermine or constrain the Government's view on that policy while lit is still under discussion and development”
The move by the Scottish Government to keep their discussions with Lord Gill secret comes after First Minister Nicola Sturgeon personally intervened in the petition, earlier in March, reported here: INTERESTS INTERVENE: First Minister joins top judge in bid to block register of judicial interests
The First Minister also repeated claims made by Lord President Lord Brian Gill (73) - who accused “aggressive media” and court users in an attempt to thwart the Scottish Parliament probe into why judges are so secretive about their vast wealth and connections.
However, neither the First Minister or Paul Wheelhouse revealed any details of what took place at the meeting to MSPs who are investigating calls to create a register of interests for judges.
Writing in the letter to John Pentland MSP, Convener of the Public Petitions Committee, First Minister Nicola Sturgeon said: “This petition calls on the Scottish Government to create a Register of Interests for the Judiciary. The Scottish Government considers that such a register of judicial interests is not necessary and that the existing safeguards - the Judicial Oath, the Statement of Principles of Judicial Ethics and the system for complaints against the judiciary - are sufficient. These safeguards, together with the register of judicial recusals, are sufficient to protect individuals from judicial bias.”
“Further to the evidence that the Minister for Community Safety and Legal Affairs, Mr Wheelhouse, gave to the Committee on 9 December 2014, he discussed this petition when he met the Lord President in February. The Minister acknowledged the Lord President's concerns about the introduction of a register of judicial interests. The breadth of such a register would make it virtually unworkable. It would need to cover not only financial interests, but also memberships of groups and associations and familial and social relationships. Even so, such a register might not capture relevant issues that could arise.”
“The position of the judiciary is different from that of MSPs and others who hold public office. The judiciary cannot publicly defend themselves. The Lord President has cautioned that such a register could also have unintended consequences. Consideration requires to be given to judges' privacy and freedom from harassment by aggressive media or hostile individuals, including dissatisfied litigants. In addition, there is currently no evidence that judges who should have recused themselves from cases have not done so.”
The judicial transparency proposals - under investigation by MSPs since January 2013 - call for 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 petition has cross party support from msps who backed a motion urging the Scottish Government to create a register of judicial interests at Holyrood on 7 October 2014 - 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
42 comments:
If I remember correctly Lord Gill told msps judges cannot be seen as a branch of Government and same transparency cannot apply yet here they are meeting up with ministers to coordinate policy against your petition.
Shameful and corrupt.
Very wrong all this messing about in back rooms trying to protect bent judges just because you rumbled their interests and we all know it don't we.
Come on MSPS put this register into law and stop the faffing about and while you are at it lets have a big investigation into judges and what they are really up to.
MUST NOT REMAIN SECRET!
Release it Nicola and show you really are for a new Scotland not all these old ways of secret meetings in smoke filled rooms behind our backs!
From: [Censored] Sent: 04 February 2015 09:43 To: [Censored] CC: Humphreys, Steve Subject RE: Meeting with Mr Wheelhouse
Thank you for this. I agree that the meeting went well and your note accurately reflects what was discussed and agreed.. We will keep you advised as to how matters develop.
Regards, [Censored]
Oh yes, keep you advised m'lud on how we ditch transparency and arm twist to get our way on this.
Will Kenny MacAskill be playing any role in this secret deal to block democracy?
From: Flinn, Roddy Sent: 03 February 2015 17:32 To: [Censored] Cc: Humphreys, Steve Subject: Meeting with Mr Wheelhouse
I thought our meeting today was very helpful. I think the key points, in short summary, are these:-
We are all content with the timescales and direction of court reform, though we know we have a busy year ahead.
[Censored] [Censored] [Censored] [Censored]
Happy to discuss further, Roddy Flinn, Legal Secretary to the Lord President, The Lord President's Private Office
Oh yes jolly good old chap Roddy do your bit for Scotland and make sure no one gets to find out all the rotten secrets of corrupt judges on the take!
yours sincerely
DISGUSTED!
Lord Gill has too many fingers in the pies and daft wee Nicola is making a big mistake bowing to judges
All this should be public and anyway why have judges been able to get away with not declaring their stuff for so long really incredible if you think about it
Is this the same Scottish Government who promise a different kind of Scotland from the unionist version?
George Orwell's Animal Farm comes to mind!
CORRUPT!
Can anyone explain why judges are allowed not to declare their interests and what idiot allowed them to get away with this?
@ 16 June 2015 at 15:42
Good point.Yes, Lord Gill said something similar in his angry letters to msps ... available in previous reports on the blog and on the Scottish Parliament's own website.
@ 16 June 2015 at 17:36
The UK judiciary (Scotland, England, Wales & Northern Ireland) gave themselves the power to refuse to declare their interests and no one in Government has opposed this to-date.
Gill and his mob must have a lot of heavy dirt on the SNP and Sturgeon for her to say what she did in the letter.Or is Nicola planning to make herself Lord President?!
There must be a shortage of black ink in Scotland with all that censoring going on!
Completely aside from your register of interests (I fully support you on this) there has to be a full investigation into cases where judges have not declared their interests.
All the cosy relationships between civil servants politicians and their friends on the bench in the emails you obtained and now outed by you.Well done for having the guts to take on the judiciary.
First Minister Nicola Sturgeon said: “This petition calls on the Scottish Government to create a Register of Interests for the Judiciary. The Scottish Government considers that such a register of judicial interests is not necessary and that the existing safeguards - the Judicial Oath, the Statement of Principles of Judicial Ethics and the system for complaints against the judiciary - are sufficient. These safeguards, together with the register of judicial recusals, are sufficient to protect individuals from judicial bias.”
Rubbish.Already disproved.What are you hiding Nicola and what deal did you make with the judiciary?
“Further to the evidence that the Minister for Community Safety and Legal Affairs, Mr Wheelhouse, gave to the Committee on 9 December 2014, he discussed this petition when he met the Lord President in February. The Minister acknowledged the Lord President's concerns about the introduction of a register of judicial interests. The breadth of such a register would make it virtually unworkable. It would need to cover not only financial interests, but also memberships of groups and associations and familial and social relationships. Even so, such a register might not capture relevant issues that could arise.”
Politicians declare their interests so why not judges?Too much to hide me thinks!
“The position of the judiciary is different from that of MSPs and others who hold public office. The judiciary cannot publicly defend themselves. The Lord President has cautioned that such a register could also have unintended consequences. Consideration requires to be given to judges' privacy and freedom from harassment by aggressive media or hostile individuals, including dissatisfied litigants. In addition, there is currently no evidence that judges who should have recused themselves from cases have not done so.”
Complete Rubbish and you know it Nicola.Judges defend themselves all the time.Lord Gill has been doing a good job of defending himself and his colleagues from declaring their interests.He even roped you St Nic to defend his interests!
Just to say you run a very hard hitting blog.Keep up the good work!
Corruption goes right to the top and this proves judges cannot be trusted no matter what now and the politicians who meet them in secret are just as rotten and corrupt the secrecy used as an excuse to cover up
Reading through your postings on this register of interests just think of all the money that has been spent trying to defeat it - a mark of what is at risk here with the judges and their mega rich status and power as you say.
There is a real stench of corruption in how judges and politicians have come together to undermine you even though as you already pointed out there is cross party support in the Scottish parliament for your petition and why not - because it has to be judges declare their interests like everyone else.
Thanks for a brill read!
Jan with the brass neck.She was a regular at MacAskill's side and now I see she is pitching up with Wheelhouse to hold his hand.
Hey Jan why not tell us about how all the justice dir. staff willingly covered for the boss when he was with Dr you know instead of "in a meeting".
Thank you for this. I agree that the meeting went well and your note accurately reflects what was discussed and agreed.. We will keep you advised as to how matters develop.
Regards, [Censored]
Brown envelopes favours and how to get rid of you were the topics I imagine.
These people have respectable job titles but I can assure you they are a foul mouthed bunch just like any ned off a housing estate when they get together.
This was a meeting directed against you and nothing would have been off the table.
Is this what the Petitions Committee 'forgot' to ask for the last time around?
Was it really 'forgot' or did Kenny do some arm twisting on behalf of Nic..
Good thing someone is on the ball:)
The judicial transparency proposals - under investigation by MSPs since January 2013 - call for 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.
Makes you wonder what kind of people will fight against such a proposal.
Crooks and those with something to hide.
Everyone gets it.As was said earlier MSPs must legislate on this and make law.If the judges do not follow they must be led by our elected representatives instead of Scottish Parliament having to bow to unelected old men wearing fancy dress and wielding unchecked power.
It makes one wonder exactly what they are hiding and why the SNP are allowing it to happen but not really surprised by SNP dictators.
All that rubbish from Sturgeon about a different Scotland and here we are civil servants and politicos conspiring with judges to keep their ill gotten gains a secret.The dishonesty club ride again.Scottish Dishonest Government at it's worst.
The real criminals are those in the wigs everyone knows judges = bankers
Saw a discussion about this somewhere else and everyone is saying a very bad call for Sturgeon.Good to see the mask slip and people realise what the nats are really up to and no different from any other political party when it comes down to it.
Yes exactly as per the last comment at 22:36
What kind of people fight against transparency?The real criminals who run the justice system for their own profit!
Not only on your petition Mr C .. these private off the record meetings are highly indicative of the way the SNP are carrying out law changes in Scotland for their own benefit with judges and lawyers brought onside to see whatever mad proposal they want is steamed through into legislation with a promise any subsequent court challenge will fail.
Clearly the very last thing Nicola Sturgeon, MacAskill & Co have on their minds is 'the Public Interest'.
I certainly will not be voting SNP after these revelations and I will be encouraging other to do likewise.
Let's just hope the Petition Committee members - McAskill, the new Chairman and Jackson Carlaw apart - have the backbone to fulfill their pledge to represent their constituents best interests and make the Register law........NOW!
Both Sturgeon and McAskill are lawyers, and no doubt each have a few skeletons in their cupboards,so no surprise they should engage in 'behind the scenes' manoeuvering to scupper the petition.
Let's hope the Sun and others start asking Sturgeon questions about this, even if this risks them being labelled 'aggressive'.
"The existence of the secret get together between Scottish Government Ministers and judges desperate to conceal their vast and varied interests from the public - only came to light in a letter of intervention from Scotland’s First Minister Nicola Sturgeon to the Scottish Parliament’s Public Petitions Committee at the end of March."
How interesting .. the SNP helping judges to conceal their tax dodging and business links.
How does this fit into not being the same as other political parties?Haha!
Contrary to what some of your readers may think, this meeting you have obtained the details of more than adequately illustrates the weakness of the SNP and Scottish Government, not it's strength.
Paul Wheelhouse and his aides were forced into a meeting with Lord Gill and the judiciary, not the other way around. Any concessions made were clearly on the part of SG and not the judiciary.The unredacted part of the email is conclusive evidence of this. Who is to inform who? Correct.
The fact is, the Scottish National Party and their pretendy Scottish Government and the wee pretendy parliament are unequal partners to the legal establishment and Scots Law.SG and SP can say what they like but without backing of legal circles, legislation does not fly and SG ministers are as impotent as an empty bottle of buckfast.
All the efforts of the SNP, manufactured news websites, torchlit rallies and rabid online postings of calls for opposition politicians to commit suicide or be shot at dawn can be swept away at the stroke of a pen by Gill, Carloway or anyone else on the bench.The six or so people who control the SNP understand this all too well.
Weakness.This is what anyone with an informed inquiring mind will gather from your revelations of private meetings between SG ministerial teams and the judiciary.
@ 16 June 2015 at 20:54
A sign of how much is at stake in applying the same levels of transparency to the judiciary as exists for most other walks of public life ...
Even the security services are now more transparent than the judiciary .. this cannot be allowed to stand in a modern democracy.
@ Big Wullie Beck 16 June 2015 at 23:19
The Scottish Government have an interest in maintaining secrecy on judicial interests for the same reasons the judges do ... vested interests.
@ 17 June 2015 at 10:36
Good points, yes it does seem so ...
@ 17 June 2015 at 11:53
True.Without support from the legal establishment legislation does not work and in any case is usually and easily twisted to match vested interests ... everything done with the approval of the judiciary ... written into law after law, even the rules and oaths applying to the judiciary itself.
Good observation on the Wheelhouse-Gill meeting ... your account sounds exactly how it turned out.
Cant think of anyone else who has such a good handle on judges and lawyers.You take the prize Peter and team!
That comment on the weakness of the SNP compared to the legal mafia is spot on.For all their bluster they can do nothing about the lawyers or anyone related.and six people in charge of the party is also how it is.
Very odd the entire Scottish Government is being mobilised against a petition calling for transparency.
It is as if Scotland is being run by a criminal gang.
My dad always said his dad told him Scotland was a very dark place banks and lawyers threw people off their own land and took it for themselves so nothing has changed 1920 - 2015
@ 17 June 2015 at 23:19
"as if" ? ...
Well it is certainly the case legal vested interests are steering policy their way as is evident from tweaks to legislation and regulation.
You don.t have to be a rocket scientist to figure out vested interests are throwing their weight around to increase their take and benefits to themselves, not the wider community at large.
The judges must be so rotten they have demanded Sturgeon cover up all their dodges and fiddles!and what is this about civil servants and ministers having to report back to judges?Can't they do their own dirty work?
Horrible!
interesting how you wrote this,not really having a go at anyone just putting the facts forward and publishing the material.Dare I say this is what journalism used to be about?
The power in Scotland is wielded by the Law Society of Scotland and they Instruct Judges and Scottish Politicians to carry out the Law Society of Scotland's unlawful agenda.
This blog has the makings of a good political drama!
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