Friday, June 23, 2017

RECUSALS UNLIMITED: Doubts over credibility of register of judges’ recusals - as Judicial Office admit court clerks failed to add details of senior judges recusals – then silently altered records a year later

Court clerks concealed Lord Bracadale’s recusal for a year. AN INVESTIGATION into the content of a Register of Judicial Recusals- maintained by the Judiciary of Scotland - has revealed court clerks concealed details relating to at least one recusal of a senior judge – and then secretly altered records a year later – and only after journalists made enquiries.

The chance discovery of one such unlisted recusal – by Lord Bracadale (real name Alistair Campbell QC) in an unidentified case during 2016 – came as journalists studied volumes of newly released court papers showing failures in the Scottish Courts & Tribunals Service (SCTS) - who manage the Register of Judicial Recusals for publication by the Judiciary of Scotland.

However, when staff of the Judicial Office were confronted about the omission and asked why information relating to Lord Bracadale recusing from a case was not made public – it took nearly three weeks for spokesperson for the Judicial Office to come up with an explanation, claiming a “clerical error” had occurred, and that the information had since been applied to the register.

During March of this year, journalists presented the Judicial Office with a copy of a recusal signed by Lord Drummond Young which indicated Lord Bracadale had recused himself from a case during May 2016. Journalists then queried why the information did not appear on the Register of Recusals at that time.

It was not until the second week of April a spokesperson for the Judicial Office on 7 April 2017 offered an explanation to the media, which stated: “The register of recusals has now been amended to include the relevant entry. It was an oversight by a clerk which meant the necessary information was not passed on to the Judicial Office.”

The Judicial Office refused to answer further questions on the subject or identify if there were any further cases where recuals have not been recorded in the register.

The information eventually entered on the Register of Recusal now reads:

20/05/2016 Court of Session Lord Bracadale On the pursuer's motion in relation to the judge’s previous decision to refuse the pursuer's appeal at a procedural hearing

And a further query to the Judicial Office resulted in an email response from it’s then media chief Elizabeth Cutting which stated “As of today, 13 April, I am no longer working at the Scottish Courts and Tribunals Service.”

A request “for a note to be applied to the recusal register in relation to the addition of the recusal by Lord Bracadale” made by a journalist to the Judicial Office and Lord President’s Private Office - generated no further response or action.

Additionally, there was no further explanation provided by the Judicial Office as to why a year had elapsed before the information was correctly applied to the register, and only after the media had alerted the Judicial Office to the omission of the Bracadale recusal.

Legal observers have condemned the retrospective application of information to the Register of Judicial Recusals as “poor administration” and have questioned whether the information relating to Lord Bracadale’s recusal would ever have been added, had it not been for media enquiries to the Judicial Office.

Claims by a Judicial Office spokesperson of a year long “clerical error” significantly conflict with former Lord President Lord Gill’s evidence to the Public Petitions Committee on how the Register of Judicial Recusals was maintained by Court staff and clerks.

On 10 November 2015, Lord Brian Gill appeared before MSPs at Holyrood, and stated in the official record : “There are two points to make in answer to that. One is that the register of recusals is not voluntary. To the best of my knowledge, the clerks of court are scrupulously accurate in keeping the register and therefore, wherever there is a recusal, you may depend upon its being recorded in the register.”

Lord Gill - Court clerks should handle info on judicial interests, not a public register

The Register of Recusals was created by Lord Brian Gill in April 2014 as a response to a probe by the Scottish Parliament’s Public Petitions Committee’s deliberations on Petition PE1458: Register of Interests for members of Scotland's judiciary.

The proposal, first debated at the Scottish Parliament’s Public Petitions Committee in January 2013 – calls for the creation of a publicly available register of judicial interests – containing information on judges’ backgrounds, figures relating to personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, membership of organisations, property and land, 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.

A full debate on the proposal to require judges to declare their interests was held at the Scottish Parliament on 9 October 2014 - ending in a motion calling on the Scottish Government to create a register of judicial interests. The motion was overwhelmingly supported by MSPs from all political parties.

The move by Lord Gill to create the Register of Recusals was aimed at dissuading MSPs from continuing an investigation into the secretive world of judicial influence, interests, and failures to declare conflicts of interest in court.

However, the investigation continued, and is now in it’s fifth year.

Gill, who eventually gave evidence to the Scottish Parliament’s Public Petitions Committee in November 2015, – available to watch in full here - Evidence of Lord Gill before the Scottish Parliament 10 November 2015 - came in for criticism after he demanded MSPs come to a decision and close the petition on his say-so during the stormy evidence session..

Throughout the meeting, the retired Lord President angrily remonstrated with Committee members who asked him detailed questions on interests and the conduct of Scottish judges.

At one point, Lord Gill gave a misleading answer to the then MSP John Wilson – who quizzed the Lord President on judicial suspensions.

And, in responses to independent MSP John Wilson, Lord Gill dismissed media reports on scandals within the judiciary and brushed aside evidence from Scotland’s independent Judicial Complaints Reviewers – Moi Ali & Gillian Thompson OBE – both of whom previously gave evidence to MSPs in support of a register of judges’ interests.

Facing further questions from John WIlson MSP on the appearance of Lord Gill’s former Private Secretary Roddy Flinn, the top judge angrily denied Mr Flinn was present as a witness – even though papers prepared by the Petitions Committee and published in advance said so. The top judge grimaced: “The agenda is wrong”.

And, in a key moment during further questions from committee member Mr Wilson on the integrity of the judiciary, Lord Gill angrily claimed he had never suspended any judicial office holders.

The top judge was then forced to admit he had suspended judicial office holders after being reminded of the suspension of Sheriff Peter Watson.

A statement issued by Lord Gill at the time of Watson’s suspension said: “The Lord President concluded that in the circumstances a voluntary de-rostering was not appropriate and that suspension was necessary in order to maintain public confidence in the judiciary.”

In an angry exchange with MSP Jackson Carlaw, Lord Gill demanded to control the kinds of questions he was being asked. Replying to Lord Gill,  Mr Carlaw said he would ask his own questions instead of ones suggested to him by the judge.

Several times during the hearing, the retired top judge demanded MSPs show a sign of trust in the judiciary by closing down the petition.

During the hearing Lord Gill also told MSPs Scotland should not be out of step with the rest of the UK on how judges’ interests are kept secret from the public.

Questioned on the matter of judicial recusals, Gill told MSPs he preferred court clerks should handle information on judicial interests rather than the details appearing in a publicly available register of interests.

Lord Gill also slammed the transparency of judicial appointments in the USA - after it was drawn to his attention judges in the United States are required to register their interests.

In angry exchanges, Lord Gill accused American judges of being elected by corporate and vested interests and said he did not want to see that here.

However, the situation is almost identical in Scotland where Scottish judges who refuse to disclose their interests, are elected by legal vested interests with hidden links to corporations.

After the hearing was over, Gill was branded ‘aggressive’ by the then Committee Convener over his evidence to MSPs.

On Thursday 29 June, the Public Petitions Committee at Holyrood will hear from Scotland’s current Lord President, Lord Carloway – who wrote to MSPs last November stating he was under the impression Holyrood had closed the petition.

Carloway later demanded the Committee provide him with a list of questions he was to be asked if he agreed to appear before the full Committee in public.

Since the exchanges last year, it has taken a further eight months to arrange Carloway’s appearance before MSPs next week.

The hearing at Holyrood with Lord Carloway comes in between a busy schedule for the Lord President - which saw Lord Carloway and many other members of the judiciary fly to various overseas destinations including a £4K public cash funded trip to the USA for the Lord President, and handing out judicial jobs including a £180K a year seat on the Court of Session bench to controversial former Lord Advocate Frank Mulholland.

Full list of Judicial Recusals from March 2014 to 12 June 2017

DATE COURT (TYPE OF ACTION) NAME REASON FOR RECUSAL

24.3.2014 Livingston Sheriff Court (Civil) Sheriff Edington Sheriff drew to the parties’ attention a possible difficulty, namely the wife of one of the other resident Sheriffs was the author of a report contained with the process. The Sheriff asked parties if they wished him to recuse himself. The defenders, having considered the issue,made a motion for the Sheriff to recuse himself, which he then did.

8.4.2014 Forfar Sheriff Court (Criminal) Sheriff Veal Sheriff personally known to a witness

10.4.2014 Selkirk Sheriff Court (Civil) Sheriff Paterson Sheriff had previously acted for a client in dispute against Pursuer

23.4.2014 High Court (Criminal) Lady Wise Senator had previously acted for a relative of accused

16.4.2014 Glasgow Sheriff Court (Criminal) Sheriff Cathcart Sheriff personally known to a witness

13.5.2014 Haddington Sheriff Court (Civil) Sheriff Braid Known to pursuer's family

14.5.2014 High Court(Criminal Appeal) Judge MacIver Conflict of interest

20.5.2014 Court of Session (Civil) Lord Matthews Senator personally known to a witness

19.6.2014 Dingwall Sheriff Court (Criminal) Sheriff McPartlin Sheriff presided over a trial involving the accused, where the issue to which the new case relates was spoken to by a witness

20.6.2014 Elgin Sheriff Court (Criminal) Sheriff Raeburn QC Accused appeared before Sheriff as a witness in recent trial relating to same incident

24.6.2014 Glasgow Sheriff Court (Criminal) Sheriff Crozier Sheriff personally known to proprietor of premises libelled in the charge

26.6.2014 Court of Session (Civil) Lord President Relative of Senator acts for the respondent

27.8.2014 Court of Session (Civil) Lord Brailsford Senator personally known to husband of the pursuer

28.8.2014 Oban Sheriff Court (Civil & Criminal) Sheriff Small Sheriff personally known to a party

22.10.2014 Aberdeen Sheriff Court (Criminal) Sheriff Cowan Sheriff drew to parties’ attention that she was a member of the RSPB before commencement of a trial as the case involved an investigation carried out by the RSPB and many witnesses were RSPB officers. She invited parties to consider whether she should take the trial. The defenders, having considered the issue, made a motion for the Sheriff to recuse herself, which she then did.

8.12.2014 Alloa Sheriff Court (Civil) Sheriff Mackie Contemporaneous and overlapping proceedings comprising an appeal and a referral from the children’s hearing relating to children from the same family

16.12.2014 Court of Session (Civil) Lady Clark of Calton Senator personally known to parties of the action.

22.01.2015 Edinburgh Sheriff Court (Extradition) Sheriff MacIver Sheriff involved in case at earlier stage of procedure 30.01.2015 Dumfries Sheriff Court(Civil)Sheriff Jamieson Sheriff had previously dealt with the issue under dispute

06.02.2015 Greenock Sheriff Court (Civil) Sheriff Fleming Previous professional relationship between Sheriff's former firm of solicitors and the defender

09.02.2015 Glasgow High Court (Criminal) Lady Scott Due to a previous ruling made by the Senator in relation to a separate indictment against the accused

10.02.2015 Court of Session (Civil) Lord Jones Due to a previous finding by the Senator in relation to an expert witness whose evidence is crucial to the pursuer's case

13.03.2015 Aberdeen Sheriff Court (Criminal) Sheriff Cowan Accused known by the Sheriff as a regular observer of court proceedings from the public gallery

17.03.2015 Forfar Sheriff Court (Criminal) Sheriff Di Emidio Sheriff personally known to a witness

18.03.2015 Lerwick Sheriff Court (Criminal) Sheriff Mann Circumstances may give rise to a suggestion of bias

16.04.2015 Edinburgh Sheriff Court (Civil) Sheriff Arthurson QC Personally known to a party of the action

12.05.2015 Court of Session (Civil) Lord Boyd of Duncansby Senator was Lord Advocate when a successful prosecution was brought against one of the respondents

14.05.2015 Edinburgh Sheriff Court (Civil) Sheriff McColl Sheriff personally known to a party of the action

27.05.2015 Edinburgh Sheriff Court(Civil) Sheriff Crowe Sheriff had previously dealt a case in which the defender was a witness

29.05.2015 Glasgow Sheriff Court (FAI) Sheriff Principal Scott QC Sheriff Principal personally known to one of the deceased

04.06.2015 Court of Session (Civil) Lord Glennie Senator an acquaintance of a party to the action

04.06.2015 Court of Session (Civil) Lord Burns Previously acted as defence counsel in a criminal trial involving the pursuer.

24.07.2015 Edinburgh Sheriff Court (Criminal) Sheriff Maciver Sheriff personally known to a party in the case

11.08.2015 Banff Sheriff Court (Criminal) Sheriff Mann Sheriff personally known to a party of the action, having previously acted on behalf of the family while in private practice.

28.08.2015 Dundee Sheriff Court (Criminal) Sheriff Murray Sheriff personally known to a witness.

03.09.2015 Dumbarton Sheriff Court (Civil) Sheriff Turnbull Sheriff previously acted for a client in a dispute against the pursuer

04.09.2015 Edinburgh Sheriff Court (Civil) Sheriff Mackie Sheriff involved in a dispute against a party to the action

15.09.2015 Aberdeen Sheriff Court (Criminal) Sheriff Stirling Sheriff previously considered and refused issues which the accused wished to revisit

01.10.2015 Aberdeen Sheriff Court (Criminal) Sheriff Taylor Sheriff was privy to certain information which related to the accused's credibility

08.10.2015 Lanark Sheriff Court (Criminal) Sheriff Stewart Accused made complaints against staff and sheriff

12.10.2015 Court of Session (Civil) Lady Clark of Calton Senator an acquaintance of a party to the action

20.10.2015 Inverness Sheriff Court (Civil)Sheriff Sutherland Personally known to a party of the action

20.10.2015 Glasgow Sheriff Court (Criminal) Sheriff Crozier Personally known to a director of accused company

12.11.2015 Court of Session (Civil) Lord Malcolm Senator acted as senior counsel for the defenders in a related action

18.11.2015 Court of Session (Civil) Lord Boyd of Duncansby Relatives of Senator involved in the action

26.11.2015 Inverness Sheriff Court (Civil) Sheriff Fleetwood Personally known to a party of the action

27.11.2015 Court of Session (Civil) Lady Paton Her Ladyship was on the bench in a criminal appeal against conviction by the pursuer

09.12.2015 Wick Sheriff Court (Criminal) Sheriff Berry Complainer personally known to resident sheriff

22.12.2015 Lanark Sheriff Court (Civil) Sheriff Stewart Personally known to both parties of the action

26/01/2016 Court of Session Lord Uist Judge dealt with same issue and same witnesses in a case being appealed

27/01/2016 Dumbarton Sheriff Court (civil) Sheriff Gallacher On the Pursuer's motion in relation to a decision in a preliminary hearing

09/02/2016 Elgin Sheriff Court (criminal) Sheriff Pasportnikov Sheriff previously presided over related case

10/02/2016 Elgin Sheriff Court (criminal) Sheriff Pasportnikov Sheriff previously presided over criminal matter involving complainter

24/02/2016 Glasgow Sheriff Court (civil) Sheriff Reid Sheriff personally known to a witness

18/03/2106 Edinburgh Sheriff Court (civil) Sheriff Ross Sheriff previously presided over criminal matter involving appellant

18/03/2016 Aberdeen Sherirff Court (criminal) Sheriff Stirling Sheriff previously presided over civil matter involving accused

25/04/2016 Ayr Sheriff Court (civil) Sheriff Montgomery Sheriff previously acted for defender as a solicitor

03/05/2016 Lanark Sheriff Court (criminal) Sheriff Stewart Complainer previously represented by Sheriff's husband

20/05/2016 Court of Session Lord Bracadale On the pursuer's motion in relation to the judge’s previous decision to refuse the pursuer's appeal at a procedural hearing

22/06/2016 Perth Sheriff Court (civil) Sheriff Clapham Pursuer known to sheriff

09/08/2016 Dunoon Sheriff Court (civil) Sheriff Ward Sheriff personally known to a witness

19/08/2016 Greenock Sheriff Court (criminal) Sheriff Ward Accused known to sheriff from Sheriff's time in private practice

23/08/2016 Aberdeen Sheriff Court (criminal) Sheriff Stirling Sheriff Stirling found against the accused company in a civil matter and wrote on same

13/09/2016 Court of Session Lord Pentland The Lord Ordinary previously acted for the first named defender

25/10/2016 Court of Session Lord Brailsford A close relative is employed by one of the parties involved in the case

10/11/2016 Kilmarnock Sheriff Court (criminal) Sheriff Foran Sheriff personally known to a witness

17/11/2016 Dumfries Sheriff Court (civil) Sheriff Jamieson Sheriff previously presided over a related civil proof in another case in which parties were witnesses

18/11/2016 Court of Session (civil) Lord Glennie Earlier decision on a related issue might reasonably be thought to influence any decision in the present case

30/11/2016 Perth Sheriff Court (civil) Sheriff McFarlane Sheriff acted for pursuers when practising as a solicitor

30/01/2017 Edinburgh Sheriff Court (criminal) Sheriff Crowe Sheriff previously presided over criminal matter involving accused, which might reasonably be thought to influence any decision in the present case

13/02/2017 Portree Sheriff Court (civil) Sheriff Taylor QC Sheriff previously dealt with a criminal case involving parties

23/02/2017 Inverness Sheriff Court (civil) Sheriff Fleetwood Sheriff presided over a jury trial involving parties

29/03/2017 Perth Sheriff Court (civil) Sheriff Wade QC The sheriff, in her previous role as advocate depute, was heavily involved in preparing the prosecution of one of the parties in the action

06/04/2017 Kilmarnock Sheriff Court (civil) Sheriff Foran A witness was a former client of the sheriff in previous role in private practice

04/05/2017 Elgin Sheriff Court (criminal) Sheriff Pasportnikov Previous knowledge of the parties through a Children's Hearing matter

16/05/2017 Banff Sheriff Court (criminal) Sheriff Mann Sheriff personally known to relatives of the accused

12/06/2017 Glasgow Sheriff Court (civil) Sheriff Platt Sheriff personally known to a witness

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

Friday, June 16, 2017

GONE KREMLIN: Chair of Scottish Police Authority resigns, lingers in office ‘until replacement found’ for discredited Police watchdog – focus now moves to ‘collective amnesia’ board who failed to support transparency crusading colleague

Scottish police board chief Andrew Flanagan resigns. A SCANDAL involving poor governance and accusations of secrecy at the Scottish Police Authority (SPA) has finally led to the resignation of  the Police watchdog’s embattled Chairman - after a series of bruising encounters before two Scottish Parliament committees.

Andrew Flanagan, who was appointed Chair of the Scottish Police Authority in 2015 - announced his decision to resign from the role earlier this week on Wednesday, citing recent media and Parliamentary attention on his disagreement with a former board member and perceptions around SPA transparency.

The statement, issued by the SPA said Mr Flanagan has concluded that debate on these issues risks distracting policing from important work underway on strategy and finance and that it is in the best interests of policing in Scotland that he stand down.

In his resignation letter to the Cabinet Secretary for Justice, Mr Flanagan offered to continue in post until a successor is appointed by Scottish Ministers, and to ensure there is no delay in implementing the Policing 2026 strategy and underpinning financial deficit reduction plans.

Mr Flanagan said: “Recent events have focussed on my disagreement with a board member and perceptions of a wider lack of transparency in the SPA. I have apologised to the former board member and put in place changes to the governance processes of the SPA. There are many serious challenges faced by policing in Scotland, but the continued media and Parliamentary debate on these issues risks coming a prolonged distraction.

“With a strategic direction for the service well in train and the right mix of leadership in Police Scotland to deliver it, I do not wish the ongoing debate to get in the way as we move into the implementation phase. I have therefore taken the decision that it would be in the best interests of policing if I were to step down from my role as Chair of the SPA.

“The next few months will involve an intensive period of work to develop implementation plans and effective governance structures to manage and oversee the transformation programme. To avoid any hiatus or delay, I have indicated to the Cabinet Secretary that I would be willing to stay on until he appoints a successor and to ensure an orderly handover.

“I take pride in being a part of this chapter of policing history in Scotland, and for the personal successes I have had since taking up the role in 2015 – in particular shaping a long-term strategy for Police Scotland, recruiting a new Chief Constable and senior leadership team, and setting a clear direction for bringing financial sustainability.

“As a result, I am confident that the single police service in Scotland now has a solid platform from which to build an even better service for the people of Scotland. I hope that is a position on which we can build both consensus and momentum.”

The full text of Andrew Flanagan’s resignation letter to Justice Secretary Michael Matheson is as follows:

Since taking up my role as Chair of the Scottish Police Authority (SPA) in 2015, I have made significant progress on a number of fronts. These successes include creating a long-term strategy for Police Scotland, recruiting a new Chief Constable and re-shaping the senior team at Police Scotland, determining the financial position and setting a clear direction for bringing financial sustainability and significantly improving policing’s engagement at community and local level. I have also reshaped the SPA board ensuring we have a much-improved mix of skills to address the challenges policing has faced. The improvements to the governance of C3 and the full recovery of the monies spent on I6 are further examples of progress and I am pleased to say we have avoided similar controversies to those which arose in the early years of the SPA and Police Scotland.

Notwithstanding these successes, recent events have focussed on my disagreement with a board member and concerns that by discussing with the Board issues raised by HMICS rather than copying his letter this was indicative of a wider lack of transparency, which of course is not the case. To remedy these issues, I have apologised to the former board member and put in place changes to the governance processes of the SPA to ensure there can be no perception of a lack of openness. Despite the limited nature of these matters and at a time when serious challenges are faced by policing in Scotland, there has been prolonged and continued debate in the media and in Parliament. This is not helpful to the SPA or policing more generally and is proving a distraction to the important work we are undertaking.

Last week, I submitted to you the final version of our 10 year strategy, Policing 2026, for your consideration and agreement. We have also recently finalised the senior team at Police Scotland with the appointments of the Finance and HR Directors. With these two important elements in place I do not wish the ongoing debate to get in the way as we move into implementation of the strategy and take the necessary steps to reduce the deficit. In addition, the debate has become quite personalised and has impacted on me and my family. This is not something that I wish to endure further. I have therefore taken the decision that it would be in the best interests of policing if I were to step down from my role as Chair of the SPA.

The next few months will involve an intensive period of work to develop the implementation plans and associated investment and financing plans. Further, we need to build project management capability and the governance structures to manage and oversee the transformation programme. Delivery of the initial cost reductions to meet the deficit reduction targets is also required. To avoid a hiatus or delay I would be willing to continue as Chair until you find a successor and we can have an orderly hand-over.

I would like to place on record my thanks to my Board for their support over the last few weeks. I would also like to take the opportunity to thank you for your support during my time as Chair. I am confident that policing now has a solid platform from which to build an even better service and that the benefits of delivering on the aims of a single service are achievable.

In response to Mr Flanagan’s carefully arranged resignation letter, strikingly offered just over a week from a general election, Justice Secretary Michael Matheson issued a letter to the Scottish Parliament’s Public Audit and Post Legislative Scrutiny Committee, and the Justice Committee confirming the SPA Chair’s resignation.

The text of Justice Secretary Michael Matheson letter to both Scottish Parliament committees, in full:

Dear Acting Convener and Convener,

I am writing in response to letters regarding the Scottish Police Authority from the Public Audit and Post-Legislative Scrutiny Committee (12 May and 7 June 2017) and Justice Sub­committee on Policing (25 May 2017).

A key issue raised by both Committees is the position of the Chair of the SPA. I have been advised by the Chair that he is announcing today that he plans to step down from his role once a successor is appointed. I am grateful to Andrew for his contribution to policing and the significant progress that has been made in establishing the future direction of policing. However I understand and accept his reasons for stepping down and welcome his commitment to providing continuity until a successor is appointed. That process will start as soon as possible. Continuity will be important over the coming months as SPA is in the process of finalising the Policing 2026 strategy and putting implementation plans in place. It would not be in anyone’s interest for SPA to be without a Chair during this period.

As you are both aware, the SPA has already set out a number of planned changes relating to transparency and openness which I know the Committees will welcome. For example, the SPA Board has agreed to hold its Committees in public while recognising - in line with On Board - the need to hold some items in private; papers are now published on the SPA website in advance of meetings; and all formal correspondence from HMICS and Audit Scotland will now be circulated to all Board members as a matter of routine.

A number of the issues raised by the Committees will also be further explored as part of the inspection by HMICS to assess openness and transparency in the way that the SPA conducts its business. As you are aware, HMICS agreed to bring forward this part of their review at my request. It is due to report to Parliament on 22 June and I am sure we all await this report with interest.

In addition to this, I have also announced a review of the ways in which the SPA Board can be better supported to deliver its statutory functions - including:

• how the executive of SPA works with Police Scotland to collectively provide the information required to support the Board take informed, transparent decisions in the context of the guidance set out in "On Board: A guide for Members of Statutory Boards;

• how the arrangements for engaging stakeholders in the work of the Authority can be strengthened;

• the staffing and operating structure that fulfils the aim of providing the most effective support to the Board;

• areas where processes could be improved.

It will be jointly led by the SPA deputy chair Nicola Marchant and Comhairle nan Eilean Siar Chief Executive Malcolm Burr who will provide an independent perspective..

Your respective correspondences also highlighted some detailed points which I will now address.

Steps to ensure Board members understand the practical implications of the On Board guidance

As the PAPLS Committee heard in evidence from members of the SPA Board, those appointed to public bodies receive a copy of On Board as part of their induction. Since 2016, the Scottish Government has implemented a corporate induction for new Board members to support them as they step into their roles. This provides an opportunity for Board members - through networking and inputs from a range of speakers - to explore the practical implications of the On Board guidance. This is part of a rolling programme of networking and peer-learning activities for those involved in public body governance around topics related to On Board, including events for Chairs and development days for Board members. On Board is clear that part of the role of a Board member is to question and, as necessary, challenge proposals made by other Board members.

Information flows between Police Scotland and SPA

My reading of the evidence provided by Mr Graham to PAPLS was that he viewed these as much improved from the position he experienced in his early days on the Board. Again, my first-hand experience is that relationships are much improved and the challenge now will be to ensure that continues. Nevertheless, I am sure there is always scope for further improvement in this area.

The extent to which Scottish Government has prior knowledge of SPA meetings and papers As highlighted by officials in evidence to the PAPLS Committee, the Scottish Government is responsible for the policy and legislative framework for policing and Safer Communities Directorate is the sponsoring directorate, meaning that they have a proper and legitimate interest in SPA’s work. Issues discussed at the Board frequently result in the Scottish Government being asked to comment publically on the substance of the matter. Early sight of papers is therefore of value in the work that officials do in supporting Ministers. I would, however, refute any suggestion that the Scottish Government is using this information to control or dictate the agendas for SPA meetings. Indeed, my view is that the evidence presented to the PAPLS Committee on this point was noticeably lacking in detail and substance.

The number of days worked by Board members

In terms of effective scrutiny and best value, there is a balance to be struck between time and cost. Although the guidance is for a maximum of 5 days a month, there is flexibility at the discretion of the Chair to go beyond this upper limit if there is good reason to do so. I view this as a reasonable approach.

The need to improve diversity on Boards

I agree that there is a need to improve diversity on Boards and Scottish Government is taking positive action to ensure that public appointments are accessible and attractive to the broadest range of talent across Scotland. We have, for example, made notable success in redressing the gender imbalance in recent years with, overall, 45% of our Board positions now held by women. I wrote to the Chair of the SPA on 26 April asking him to consider taking forward activities that would support a diverse range of future potential Board members, including for example co-opting people onto Committees.

Information on the process for the appraisal of the SPA Chair

Guidance for the appraisal of Chairs and Board members is set out in the attached link: http://www.gov.scot/Publications/2017/02/6844. Given the significance of the SPA as a public body, the Chair’s assessment is carried out by DG Learning and Justice. The Chair’s high level objectives for the current year are:

• LEADERSHIP / GOVERNANCE: Drive forward the SPA to become an effective, high performing public body.

• STRATEGY / DELIVERY: Work in partnership with Police Scotland to maintain momentum on the 2026 strategy to develop - and then deliver against - the final strategy, implementation plan and financial plans.

• RELATIONSHIPS / REPUTATION: Establish good relationships which enhance the reputation of the Scottish Police Authority and improve outcomes for the people of Scotland.

• FINANCE / FINANCIAL RESILIENCE: Ensure that the Accountable Officer and Police Scotland are held effectively to account for enhancing the financial capability, capacity and leadership with a strong strategic approach to financial planning.

Within Leadership / Governance, progress I expect to see includes an effective review of the SPA corporate governance framework, taking account of the feedback received, and making demonstrable progress towards the commitment of 50:50 by 2020.

Information requests to SPA by Ms AH

Scottish Government officials have been encouraging (and continue to encourage) SPA to be as helpful as they can be in dealing with Ms Ali’s requests for information. Ultimately, SPA has the responsibility to respond in a way that is consistent with the appropriate legislation and agreed processes.

Conclusion

I believe I have addressed all of the issues raised by the committees and, as noted above, we await the conclusions of HMICS’ initial work on governance and transparency issues, scheduled for publication on 22 June.

Copies of this response have been sent to - Andrew Flanagan, SPA Chair; John Foley, SPA Chief Executive; Derek Penman FIMICS; Paul Johnstone, Scottish Government DG Learning and Justice; and Margaret Mitchell, convener of the Justice Committee.

The review – referred to by Andrew Flanagan and the JUstice Secretary, is to be jointly led by Nicola Marchant – appointed as deputy chairwoman by the current board which includes Andrew Flanagan, and Malcolm Burr, chief executive of Comhairle nan Eilean Siar.

It will report back to Mr Matheson in the autumn.

Speaking to the media Mary Fee, convener of the justice sub-committee which was the first to declare it had no confidence in Mr Flanagan's leadership, said "openness and transparency have decreased during his time as chair of the SPA".

She said: "We should view this as an opportunity to work proactively with the SPA to put in place a chair who will lead the board in an open, transparent manner and take the SPA forward."

Jackie Baillie, acting convener of the public audit committee which led much of the questioning, said there had been "serious concerns" about Mr Flangan's leadership.

She said: "With the announcement of his resignation today, we hope the SPA will now head in the right direction and put an end to its culture of secrecy. This is desperately needed in order to restore public confidence."

Mr Flanagan's resignation was welcomed by political parties, with Scottish Conservative leader Ruth Davidson saying the move was "needed to allow the correct focus on oversight and delivery".

Labour's justice spokeswoman Claire Baker said it "must only be the start of the complete overhaul that is needed at the top of the SPA".

Green MSP John Finnie said Mr Flanagan "should have resigned weeks ago", while Lib Dem Liam McArthur said "serious damage has already been done to the reputation of the organisation".

TRANSPARENCY FIRST: Former Board member Moi Ali spoke out on transparency concerns at Police Watchdog:

A glimpse into the world of the Scottish Police Authority’s board meetings features an excerpt from the SPA’s meeting of 15 December 2016, in which Board Member Moi Ali raised serious concerns about recommendations in relation to the publication on the day of board meetings and the holding of committees in private.

More on the discussion around the Governance Framework and input from Moi Ali who raised her concerns at the meeting can be viewed here:

Scottish Police Authority 15 December 2016 meeting Governance framework discussion

Ms Ali said she understood there were good reasons for those recommendations she had serious concerns about the lack of transparency around the two proposals, and that there were real drawbacks in relation to holding committee meetings in private.

Moi Ali said her concerns were two fold – the perception issue in relation to private meetings where it may be perceived that decisions may be taken behind closed doors, and that defacto decision may well be taken behind closed doors and that the process of decision making will be hidden and there is a danger in due course this will morph into a different kind of body in which effectively real decisions are taken albeit not in name but then come back to the SPA Board for rubber stamping rather than transparent debate.

UNFIT AUTHORITY: - Crisis continues at Scottish Police Authority after Board members criticise MSPs scrutiny of Cop Quango:

SPA Chair Andrew Flanagan’s decision to stay in the lead role at the now discredited Scottish Police Authority comes after one of it’s Board members – Graham Houston – launched a blistering attack on open hearings at the Scottish Parliament’s PAPLS Committee' – after it’s members quizzed the Chair & CEO of the SPA, along with Scottish Government Civil Servants at an earlier meeting of 20 April 2017.

Scottish Police Authority Board Member Graham Houston hits out at PAPLS scrutiny of Police Watchdog

Critisising MSPs scrutiny of the Scottish Police Authority, Board member Graham Houston said: “I also think as an example of good governance I think the treatment of my fellow board members by an audit and scrutiny committee was frankly appalling and I think if that is an example of what is expected of good scrutiny it leaves a lot to be desired. And I suggest that the members of that committee look to themselves about setting an example and also look to the guidance on board about how they conduct themselves in doing that.”

Mr Houston then attacked the media, accusing the press of abusing the ‘openness’ of the SPA and concludes by stating “I think that what will transpire is that probably we are one of the most open public authorities in Scotland.”

The SPA’s statement on the outcome of the meeting claimed it had strengthened the transparency and accessibility of its governance arrangements by making a number of revisions to Board and committee meetings and publication of papers.

The changes decided at the meeting, which will come in to effect from 1 June 2017 include:

SPA committee meetings held in public, with items taken in private only when necessary and with a clear articulation of the reason.

The publication of agendas for all public Board and committee meetings will be available on the SPA website 7 days in advance of meetings.

The publication of papers for all public Board and committee meetings will be published on the SPA website (under embargo) 3-working days in advance.

The publication of agendas for closed Board and committee meetings will be published on the SPA website (redacted if necessary) and a summary of the business conducted will be reported to the next public Board meeting.

The public will also have the opportunity to pose questions about policing matters to the SPA Board in advance of meetings.

In addition, the SPA Board has established a new Deputy Chair role. Nicola Marchant has been unanimously appointed to that position with immediate effect.

Full details of the changes and next steps agreed by the Board are outlined in the following paper: http://www.spa.police.uk/assets/126884/400419/governance

Houston’s criticism of the refers to the following hearing, in which evidence revealed to MSPs portrayed the Scottish Police Authority as a haven of secrecy, run in the style of  a “kremlin” operation – according to former Cabinet Secretary & PAPLS member Alex Neil MSP (SNP):

Scottish Police Authority - Public Audit and Post-Legislative Scrutiny Committee - Scottish Parliament: 20th April 2017

A full report on the PAPLS meeting of 20 April can be found here: POLICING SECRETS: Former Scottish Police Authority board member Moi Ali invited to give evidence at Holyrood, after MSPs accuse SPA bosses of running Police watchdog like Kremlin ‘secret society’

A further appearance of current and former board members of the Scottish Police Authority before Holyrood’s PAPLS Committee on the 11th May - established evidence in relation to a sequence of alarming events at the SPA - giving MSPs significant cause for concern of how the SPA Chair was in effect, personally running the Police watchdog as a “secret society”.

Public Audit and Post-Legislative Scrutiny Committee - Scottish Parliament: 11th May 2017

A full report on the PAPLS hearing of 11 May can be found here: UNFIT AUTHORITY: Chair of Scottish Police Authority “is not fit to continue on any public board” – says former SPA board member in evidence to Holyrood’s Public Audit Committee scrutiny of Police watchdog

The hearing also established not one board member of the now discredited Police Watchdog backed former board member Moi Ali – who was forced to resign from the SPA after she bravely raised issues of transparency and accountability during a meeting of the Scottish Police Authority in December 2016.

Then, at a hearing of the Scottish Parliament’s Justice sub-committee on Policing, Andrew Flanagan was asked by MSPs several times to consider his position as SPA Chair – yet Flanagan refused each call to stand down and allow the Scottish Police Authority to move on from the current crisis.

Justice Sub-Committee on Policing - Scottish Parliament: 18th May 2017

A more detailed report on the 18th May 2017 hearing of the Justice Sub-Committee on Policing can be found here: AUTHORITY LOST: Chair of Scottish Police Authority refuses to resign after facing challenge from Justice Committee MSPs to consider his position on discredited Police watchdog

SLOW SECRETARY: Justice Secretary Michael Matheson was criticised for lack of action in Police watchdog governance crisis

Justice Secretary Michael Matheson ducked out of taking immediate action on tackling the leadership & governance crisis at the Scottish Police Authority (SPA) – despite calls from across the political spectrum to act on restoring faith at the discredited regulator of Police Scotland.

During ‘Topical Questions’ at the Scottish Parliament on Tuesday 30 May 2017, MSPs from all parties called for a resolution to the crisis at the Police Regulator, and Andrew Flanagan’s refusal to step aside.

In response, Justice Secretary Michael Matheson said he was “conscious of the issues” and promised to consider the reports sent to him by the committees.

In Holyrood’s main chamber, Mary Fee MSP (Scottish Labour) told Michael Matheson that Andrew Flanagan had “lost the confidence of MSPs from all parties, including back benchers from the governing party.

“It is clear that his position is untenable. It seems that Mr Flanagan and the Justice Secretary are the last two people to see that.”

She called for a “drastic overhaul of how the SPA is run”.

Shying away from immediate action on the crisis at the Scottish Police Authority, Matheson replied: “I am sure that the member will recognise that it is important that ministers give thorough consideration to these issues in coming to a determination,”

The Justice Secretary added: “On the wider issue of the governance and structure of the SPA, there is no doubt that there are aspects of the way in which the SPA has operated over the past few years that have not worked as well as they should have and that there are areas in which I believe further improvements could be made.

“I have been clear about the need for the SPA to operate in an open and transparent manner as it undertakes its processes and considers matters, and I have repeatedly made that clear.”

Questions to Justice Secretary Michael Matheson on Scottish Police Authority & Andrew Flanagan 30 May 2017

A full report on MSPs questions to Justice Secretary Michael Matheson can be viewed here: Justice Secretary dodges call to fire Chair of discredited Scottish Police Authority - as cross party MSPs say Andrew Flanagan’s position is untenable, and crisis will impact on diversity, recruitment & transparency at public bodies

Previous articles on the Scottish Police Authority can be found here: Scottish Police Authority - Poor governance, private meetings & lack of accountability at Police regulator

Monday, June 05, 2017

SECRETS, M’LORD: The QC, the footballer and the Lord Advocate who blocked a rape prosecution - and was later appointed as a judge by Lord President Lord Carloway

Crown Office refuse to release discussions on blocked rape case. A LORD ADVOCATE who aligned himself with rape awareness groups & Scotland’s current top judge to demand politicians remove a miscarriage of justice safeguard from the legal system – blocked the prosecution of a footballer for rape after contact with the accused’s QC.

Former Lord Advocate Frank Mulholland was in charge of the Crown Office & Procurator Fiscal Service (COPFS) as Scotland’s top prosecutor at the time allegations of rape were raised against footballer David Goodwillie by victim Denise Clair in January 2011.

As Lord Advocate, Mulholland held the last say in authorising a prosecution or deciding to block further action.

The Crown Office decided not to prosecute David Goodwillie and his co- accused, David Robertson – a decision which occurred after contact between Paul McBride QC & the Crown Office – and according to sources - Mulholland.

The revelation of contact between Goodwillie’s lawyer - Paul McBride QC and prosecutors - came following a Freedom of Information request by the Sunday Mail newspaper, in which the Crown Office confirmed contact took place.

The Sunday Mail featured a report on the Crown’s decision to withhold details of communications between McBride and the Crown Office.

Mystery calls between rapist footballer David Goodwillie's lawyer and court bosses revealed

The Crown Office said: “We do hold some records of telephone discussion between the late Paul McBride and staff at Crown Office”

However, officials at the £113m a year Crown Office refused to release further details on the conversations with the now deceased Paul McBride, stating to do so “would inhibit legal opinions or advice expressed in future”.

Denise fought a five-year battle for justice which this year saw the Court of Session rule she had been raped by footballers Goodwillie and co-accused David Robertson.

The 30-year-old originally sought £500,000 in compensation, but damages were later agreed at £100,000 in the civil action at the Court of Session in Edinburgh.

In late January, Lord Armstrong ruled Goodwillie - the former Scotland international footballer and his ex-teammate David Robertson were rapists.

The judge ordered Goodwillie & Robertson to pay £100,000 damages in what was the first civil rape case of its kind in Scotland – coming after Mulholland blocked all attempts to charge Goodwillie & Robertson who would have had to face a criminal trial if the prosecution had not been blocked by the then Lord Advocate.

As of date of publication of this article, Goodwillie is appealing the ruling.

The mother-of-one maintained she was incapable of giving free agreement to sex because of her alcohol consumption, but Goodwillie, 27, who now plays with Plymouth Argyle, and Robertson claimed the incident had been consensual.

Lord Armstrong, said: "Having carefully examined and scrutinised the whole evidence in the case, I find the evidence of the pursuer (the woman) to be cogent, persuasive and compelling."

Lord Armstrong said: "In the result, therefore, I find that in the early hours of Sunday 2 January 2011, at the flat in Greig Crescent, Armadale, both defenders (the footballers) took advantage of the pursuer when she was vulnerable through an excessive intake of alcohol and, because her cognitive functioning and decision-making processes were so impaired, was incapable of giving meaningful consent; and that they each raped her."

The judge said he found neither Goodwillie - who also played for Aberdeen and Blackburn Rovers - or Robertson to be credible or reliable on the issue of whether they had a reasonable or honest belief that she was consenting.

He rejected evidence relied on by the players that Ms Clair was not particularly affected by alcohol and was no more drunk than anyone else in the company they had been in that night.

Lord Armstrong said that prior to the incident the victim – Ms Clair - had enjoyed life, but her life changed following the decision not to proceed with a prosecution.

Lord Armstrong said: "She found that decision difficult to understand and had felt that she had not been believed."

The judge added: "She felt that her life had been destroyed by something which had happened although, because of her lack of memory, she was not fully aware of what it was that had caused that effect."

The Crown Office said it stood by its previous decision not to prosecute the footballers – a decision taken during the tenure of Frank Mulholland as Lord Advocate – which is now subject to calls for a full inquiry.

A Crown Office spokesman who refused to be identified said: "As Lord Armstrong stated in his judgement, the standard of proof to be satisfied was that of the balance of probabilities which is a less onerous requirement than the standard in criminal cases, which is beyond reasonable doubt.

"Further, there is no requirement of corroboration in civil cases unlike in criminal cases.

"This case was looked at very carefully by Crown counsel who concluded that there was insufficient evidence in law to raise criminal proceedings. As a result no proceedings were instructed."

Lord Mulholland now sits on the bench of the Court of Session after having been made a judge by by anti-corroboration co-campaigner Lord Carloway – Scotland’s current Lord President & Lord Justice General.

Lord Mulholland as he is now known - blocked a prosecution of Goodwillie and his co-accused David Robertson for rape – after he gave evidence at Holyrood in November 2013 - demanding msps on the Scottish Parliament’s Justice Committee agree to his plans to scrap corroboration – a safeguard against injustice - which Mulholland ironically claimed blocked the prosecution of rape cases.

Video footage of Frank Mulholland’s evidence to MSPs urging they repeal corroboration – to enable him to prosecute rape offenders, can be viewed here:

Lord Advocate Frank Mulholland evidence to MSPs on removal of corroboration from Scot's Law - Scottish Parliament Justice Committee 20 November 2013

Mulholland also blocked criminal charges against the driver of the Glasgow bin lorry which ran out of control in December 2014 killing six people in the centre of Glasgow while injuring 15 others.

Lord Mulholland recently featured in an investigation into judicial use of taxpayers cash to find overseas trips & junkets. Mulholland took a £1,200 trip to the European Court in Luxembourg for three days funded by public cash.

TAX FIDDLE DEAL DEATH - Frank Mulholland’s Crown Office headline appetite for VAT tax carousel case ended in death of top QC:

A case disastrously gone wrong for the headline craving Crown Office under Lord Advocate Frank Mulholland - was a secret deal to bring back alleged tax cheat Imran Hussain from Pakistan.

To this day, Mr Hussain stands accused of a £300million VAT Carousel Fraud.

A media investigation coupled with Freedom of Information probes revealed secret discussions had taken place between Paul McBride QC and Mulholland’s Crown Office - over a move which would have seen the then Lord Advocate grab credit for prosecuting and convicting what is thought to be Scotland’s highest ever value fraud case.

In a Freedom of Information response, the Crown Office admitted to holding one ‘single email’, in which McBride had made contact with Lindsay Miller – who was the then head of the Serious Organised Crime Division in the Crown Office.

It was the same Lindsay Miller who responded to the FOI requests from journalists.

Commenting on Lindsay Miller’s response to the FOI request, a COPFS review undertaken by Gertie Wallace, the head of the Criminal Justice and Disclosure Team at the time said:

“In the reply from Lindsey Miller, Head of Serious and Organised Crime Division on 4 May you were advised that information held by COPFS was contained in one email indicating Mr McBride made contact with the Head of the Serious Organised Crime Division in COPFS on 16 January 2012 regarding a Mr Hussein.”

“The reference to Mr McBride’s contact with Mrs Miller is contained in an email between COPFS and Crown Prosecution Service dated 16 January 2012. There is no further information held by COPFS regarding contact between the late Mr McBride and COPFS regarding his client Mr Hussein.”

“I understand that information held about Mr McBride’s contact with Mrs Miller about Mr Hussein has also been provided to you following your request for information dated 6 June seeking documents and discussions on correspondence between Crown Office and Crown Prosecution Service between Paul McBride and COPFS, to which you have now received a reply dated 14 June from Mrs Miller.”

A Sunday Mail investigation uncovered deal between Crown Office & McBride to bring tax cheat back to Scotland:

DEAL ME IM: £300m tax dodge fugitive launches bid to return to Scotland

Imran "Immy" Hussain, 34, has been on the run from HMRC investigators for eleven years over a VAT scam in which he allegedly stole £300million from UK taxpayers.

It is understood that top QC Paul McBride, 47, met fugitive Hussain during the trip to Pakistan where he died in March 2012.

Prior to McBride flying to Pakistan, he met and discussed the case with Crown Office staff including Mulholland.

However, the secret between the Crown Office, McBride and involvement of the Inland Revenue went wrong - after McBride died of a heart attack while in Pakistan to meet Immy Hussain to discuss a secret deal allegedly involving a trial and what the Crown may ask for on sentencing.

Media reports at the time in 2012 quoted a friend of Mr Hussain, saying “He wants to come home - but not to spend 20 years in a cell.”

"His preferred outcome [believed to have been the deal on the table from COPFS] would be to hand over a large amount of his money and do a light sentence - that way, the authorities could say justice has been done and point to the cash seizure as a success."

It was also reported at the time - McBride told a friend that he was going to Lahore to meet a wealthy client wanted for a major fraud in the UK.

Legal sources and friends of the lawyer, who was found dead in his room at the Pearl Continental Hotel, believe he met Hussain.

McBride travelled to Pakistan with solicitor Aamer Anwar - who said the lawyers attended a wedding during their stay.

Hussain had been living the high-life in Dubai, where he owned two luxury houses, a fleet of cars and a yacht. He also travelled to Europe by private jet.

He spent fortunes on wild parties and thought nothing of buying Rolex watches for his pals.

But he was forced to leave the desert kingdom when HMRC investigators were sent to track him down.

Hussain, from Newton Mearns, Glasgow, had already been in contact with HMRC about a possible deal.

Sources have described communication between Hussain and HMRC as "very sensitive".

One legal source said: "Paul was in Pakistan in his professional capacity as an advocate.

"He was there to meet a Scottish Asian who is wanted for VAT fraud and wants to come back to Scotland.

"His contacts at the Crown Office were at the highest level and he operated and negotiated at such a level."

Another associate of Hussain said: "Things got a lot more difficult for him when he had to leave Dubai. He realised that HMRC weren't going to give up on him and he has now been in Pakistan for the last couple of years."

Hussain is suspected of heading a Europe-wide operation who set up hundreds of bogus firms linked to VAT fraud, also known as carousel fraud. Gangs claim back VAT on goods they say were imported and then exported.

But the goods - usually small but high-value items such as computer chips and mobile phones - never existed.

In an astonishing turn of events caused by the death in Pakistan of Paul McBride - while he was there at the behest of the Lord Advocate – Frank Mulholland and many others from the world of politics including First Minister Alex Salmond, and figures from the legal establishment attended Paul McBride’s funeral held at (name the church) in wherever during the year.

Previous articles on the Crown Office and Lord Advocate Mulholland’s exit from COPFS,  can be found here: PASS THE CROWN: As one Lord Advocate exits, another is set to take charge of Scotland’s ‘institutionally corrupt’ Crown Office & Procurator Fiscal Service

For previous articles on the Crown Office, read more here: Scotland's Crown Office - in Crown detail

Thursday, June 01, 2017

IT’S GOOD TO GO: Justice Secretary dodges call to fire Chair of discredited Scottish Police Authority - as cross party MSPs say Andrew Flanagan’s position is untenable, and crisis will impact on diversity, recruitment & transparency at public bodies

SPA Chair still in post as Justice Secretary delays action ‘to consider reports’. SCOTLAND’S Justice Secretary has ducked out of taking immediate action on tackling the leadership & governance crisis at the Scottish Police Authority (SPA) – despite calls from across the political spectrum to act on restoring faith at the discredited regulator of Police Scotland.

During ‘Topical Questions’ at the Scottish Parliament on Tuesday of this week, where MSPs from all parties called for a resolution to the crisis at the Police Regulator, and Andrew Flanagan’s refusal to step aside, Justice Secretary Michael Matheson said he was “conscious of the issues” and promised to consider the reports sent to him by the committees.

In Holyrood’s main chamber on Tuesday, Mary Fee MSP (Scottish Labour) told Michael Matheson that Andrew Flanagan had “lost the confidence of MSPs from all parties, including back benchers from the governing party.

“It is clear that his position is untenable. It seems that Mr Flanagan and the Justice Secretary are the last two people to see that.”

She called for a “drastic overhaul of how the SPA is run”.

Shying away from immediate action on the crisis at the Scottish Police Authority, Matheson replied: “I am sure that the member will recognise that it is important that ministers give thorough consideration to these issues in coming to a determination,”

The Justice Secretary added: “On the wider issue of the governance and structure of the SPA, there is no doubt that there are aspects of the way in which the SPA has operated over the past few years that have not worked as well as they should have and that there are areas in which I believe further improvements could be made.

“I have been clear about the need for the SPA to operate in an open and transparent manner as it undertakes its processes and considers matters, and I have repeatedly made that clear.”

LibDem MSP Liam McArthur argued that the SPA would “be inhibited in moving forward as long as he remains the chair”.

The Greens’ John Finnie suggested Flanagan’s managerial style, and the way in which he reportedly treated Ali, a woman of Bengali and Irish descent, would dissuade women and ethnic minority people to join public boards.

The Justice Committee expressed “very serious concerns about the standards of governance” at the body and said it “does not have confidence that the current chair is the best person to lead the board”.

Full report & video coverage of questions to Justice Secretary Michael Matheson at the Scottish Parliament:

Questions to Justice Secretary Michael Matheson on Scottish Police Authority & Andrew Flanagan 30 May 2017

Topical Question Time: Scottish Police Authority (Meetings)

1. Mary Fee (West Scotland) (Lab): To ask the Scottish Government when the Cabinet Secretary for Justice last met the Scottish Police Authority and what issues were discussed. (S5T-00571)

The Cabinet Secretary for Justice (Michael Matheson): I have regular meetings with the chair of the Scottish Police Authority and meet the board approximately once a year. We discuss a range of key strategic issues in policing.

Mary Fee: As the cabinet secretary is aware, last week, the Justice Sub-Committee on Policing published its report on the governance of the SPA. That report says: “the Sub-Committee does not have confidence that the current chair is the best person to lead the Board.”

That follows similar concerns from the Public Audit and Post-legislative Scrutiny Committee.

We know that, under the current leadership of Andrew Flanagan, public meetings were held in private and critical letters were hidden from board members, and we have heard about the disgraceful ousting of now former board member, Moi Ali.

Andrew Flanagan was appointed chair of the SPA to improve openness and accountability. He has failed. Does the cabinet secretary agree with me, with the Justice Sub-committee on Policing and with his own back benchers that Mr Flanagan’s position is untenable and that he should go?

Michael Matheson: I am conscious of the issues that have been raised by the Justice Sub-Committee on Policing, which provided us with a copy of its report last Thursday. As I am sure that the member will recognise, we will give careful consideration to that report and its findings, along with the issues that have been highlighted by the Public Audit and Post-legislative Scrutiny Committee and the evidence that that committee and the member’s sub-committee received. Once we have considered all those issues, we will be in a position to state clearly the Government’s response and our decision on the position of the chair of the SPA.

I am sure that the member will recognise that it is important that the ministers and Government consider these issues carefully. I can give the member an absolute assurance that we will consider the findings in the Justice Sub-Committee on Policing’s report as we arrive at the Scottish Government’s position on this matter.

Mary Fee: Andrew Flanagan has lost the confidence of MSPs from all parties, including back benchers from the governing party. It is clear that his position is untenable. It seems that Mr Flanagan and the justice secretary are the last two people to see that. We need a drastic overhaul of how the SPA is run, and that must start at the very top of the SPA board. We need leadership from the SPA, but we do not have that at the moment.

If Andrew Flanagan is not going to do the right thing and resign, we need leadership from the Scottish Government. The Scottish Government approved Andrew Flanagan’s appointment as chair. If the cabinet secretary will not withdraw that now, I simply ask what it will take for the Government to take action.

Michael Matheson: I have given the member an assurance that we will consider the findings of her sub-committee’s report. Once we have had the opportunity to consider them in detail, as well as the issues that have been raised by the Public Audit and Post-legislative Scrutiny Committee, we will be able to respond to these matters. I am sure that the member will recognise that it is important that ministers give thorough consideration to these issues in coming to a determination.

On the wider issue of the SPA’s structure, and the way in which the SPA operates, the member will be aware that I have asked Her Majesty’s inspectorate of constabulary for Scotland to bring forward the governance aspect of its statutory inspection that was due to take place this year. HMICS has agreed to do that and intends to publish a report by 22 June on those issues. In its letter to me, the Public Audit and Post-legislative Scrutiny Committee welcomed my decision to ask for that work to be undertaken.

It is important that we consider these issues, and I assure the member that we are considering them carefully, and we want to ensure that they are appropriately addressed.

On the wider issue of the governance and structure of the SPA, there is no doubt that there are aspects of the way in which the SPA has operated over the past few years that have not worked as well as they should have and that there are areas in which I believe further improvements could be made.

I have been clear about the need for the SPA to operate in an open and transparent manner as it undertakes its processes and considers matters, and I have repeatedly made that clear. However, there is no doubt that there have been improvements in the way in which the SPA has been operating. For example, as was set out in evidence that was given to the Public Audit and Post-legislative Scrutiny Committee, there have been improvements in the way in which the SPA has considered issues such as the contact, command and control division; improvements in the relationship between the SPA and the executive team in Police Scotland; and improvements in the way in which it has taken forward work on the development of the 2026 strategy.

Irrespective of that, I recognise the concerns that have been expressed by the Justice Sub-Committee on Policing and members of the Public Audit and Post-legislative Scrutiny Committee. I give the member an assurance that they will be considered carefully, and that the Government will come to a decision once it has considered all these matters.

Douglas Ross (Highlands and Islands) (Con): The evidence from the Justice Sub-Committee on Policing, the Public Audit and Post-legislative Scrutiny Committee, MSPs of all parties and, indeed, former board members is clear: Andrew Flanagan’s time as chair of the Scottish Police Authority should be over, and his continuation in that post is untenable. Does the Scottish Government continue to have full faith in Andrew Flanagan as chair of the Scottish Police Authority—yes or no?

Michael Matheson: As I have just said to Mary Fee, we will consider the findings of both committees’ work in this area and we will then come to a decision on this issue.

I am surprised that a member who is, apparently, his party’s spokesman on justice would not want to ensure that we go through due process in considering these issues. It is important that Government ministers give careful consideration to these issues when coming to a decision, and that is exactly what we will do. Once we have completed that process, we will set out our decision on this matter.

John Finnie (Highlands and Islands) (Green): It is my personal view that Mr Flanagan’s position is untenable and that he must go. The cabinet secretary will agree that we must have vibrant and diverse public boards. In his response to both committee reports, will he consider the impact that Mr Flanagan’s conduct has had on the likelihood of our being able to recruit women and ethnic minority people to these boards?

Michael Matheson: The member raises an important issue. This Government is clear about the need to have greater diversity on our public bodies. I recently made some further appointments to the SPA, and I have written to the chair of the SPA board in recent weeks, highlighting the need to have greater diversity on the board, as that is extremely important. It is also extremely important that, when ministers consider such issues, we follow due process in considering any concerns that are raised with us in order that we do not dissuade people from thinking about applying for appointments to public boards.

I assure the member that it is clear to me that we must do everything possible to increase diversity not just within the membership of the SPA board but on any boards within the justice setting and that the boards should take proactive measures to assist in achieving that. For example, it is not necessary to have direct appointments if there is no space for them, as members can be seconded to support the work of public bodies in order to encourage greater diversity and give those people experience of the work that the board undertakes with a view to their applying for a place on the board at some point in the future.

The Government is clear about the need for greater diversity in the scrutiny of legislation, and I am clear that we need greater diversity on all boards in the justice sector. Our recent track record on appointments to justice boards demonstrates that we are making significant progress by increasing the number of women members, in particular, and I am determined that we will continue to drive that forward.

Liam McArthur (Orkney Islands) (LD): The cabinet secretary will have heard Andrew Flanagan’s statement at the Justice Sub-Committee on Policing last week. There is no doubting that he was extremely contrite and offered an apology. However, a number of members made the point that the position that he holds has been undermined and that the SPA will be inhibited in moving forward as long as he remains the chair.

Given that, at the most recent SPA board meeting, which was held last week, concerns were again raised by board members about the publication of papers in advance of the meeting, does the cabinet secretary not believe that the culture shift that we all want to see in the SPA will be impossible until there is a change at the top?

Michael Matheson: The member will be aware that the SPA board decided, at its meeting 25 May, to return to the presumption that its committee meetings would take place in public and that all papers would be published in advance. I have been very clear with the SPA about the need to ensure that it is open and transparent in conducting its business.

The member will recognise that, as has been highlighted, there is a need for private space in some of the SPA board’s work, given the sensitive and confidential nature of some of the information that it is provided with. That is particularly the case when the information relates to operational matters for Police Scotland. A safe space needs to be provided for discussions and for the sharing of that information to take place.

Notwithstanding that, my view is that the presumption that committee and board meetings will take place in public is the right approach. That is why I have asked HMICS to bring forward the early part of its statutory inspection, which was due to take place in the autumn of this year, and to look specifically at the issue of governance within the SPA. That work has already been started and HMICS will report by 22 June. I have no doubt that the report will support us in looking at what further measures the SPA needs to put in place.

I recognise the need for the SPA to operate openly and transparently, and I have been clear with it, over an extended period, that the processes and mechanisms that it has in place must be able to deliver that openness and transparency effectively.

Jackie Baillie (Dumbarton) (Lab): We know that the chair of the Scottish Police Authority did not tell his board about a letter from Derek Penman that advised of the forthcoming inspection. Now, we understand that, on a previous occasion, Mr Flanagan did not share an advice note on forensic services with the board. Does the cabinet secretary believe that that is a further example of a lack of transparency? Does the chair of any public body who behaves in that way meet the Scottish Government’s own guidance for those who serve on public boards?

Michael Matheson: Jackie Baillie will be aware that Andrew Flanagan has accepted that he should have passed that note on to the other members of his board and that he made an unacceptable error. We need to ensure that chairs of any public bodies pass on relevant information to other members of the board to allow them to come to an informed position on matters when they are being discussed. The chair has also accepted that the advice note should have been passed on to board members. Again, we will consider that in looking at the matter as a whole.

I assure members that the Government will come to a position on the matter, but it is appropriate that we consider all the facts and information that have been provided. In part, that is for the reason that was highlighted by John Finnie, which is that we want to attract individuals to stand for and work on our public bodies. We need to ensure that ministers and the Government go through a due process in considering these matters and coming to a decision. My concern is that a failure to do that would dissuade people from taking up public appointments, and we want to avoid that. That is why we will consider these matters very carefully and in a detailed way, and we will then come to a decision.

CHAIR MUST GO - Crisis continues at Scottish Police Authority as Justice Secretary dodges duty:

Justice Secretary Michael Matheson’s refusal to sack Flanagan as the crisis in governance and leadership at the Police Watchdog continues to grow - comes after a string of stinging criticisms and revelations over poor governance at the Scottish Police Authority, and accusations the SPA was being run as a secret society.

Legal observers who have been following developments speculate more action, and a decision may have been taken much earlier on the status of the current SPA Chief and board, had now former Justice Secretary Kenny MacAskill held the justice brief.

Holyrood’s Justice Sub-Committee on policing said they had “no confidence” in Flanagan’s leadership, and criticised his decision to hold meetings in private and for his treatment of Moi Ali, a board member who spoke out against the move.

They were the second Scottish Parliament committee to express concerns about the SPA’s governance.

Members of the Public Audit and Post-legislative Scrutiny (PAPLS) Committee have also criticised Andrew Flanagan for his treatment of board member Moi Ali, who was forced to resign from the Police Watchdog after speaking out over concerns about transparency and the publication of papers for board meetings.

A full report on the PAPLS meeting of 20 April can be found here: POLICING SECRETS: Former Scottish Police Authority board member Moi Ali invited to give evidence at Holyrood, after MSPs accuse SPA bosses of running Police watchdog like Kremlin ‘secret society’

A full report on the second PAPLS hearing of 11 May can be found here: UNFIT AUTHORITY: Chair of Scottish Police Authority “is not fit to continue on any public board” – says former SPA board member in evidence to Holyrood’s Public Audit Committee scrutiny of Police watchdog.

A more detailed report on the 18th May 2017 hearing of the Justice Sub-Committee on Policing can be found here: AUTHORITY LOST: Chair of Scottish Police Authority refuses to resign after facing challenge from Justice Committee MSPs to consider his position on discredited Police watchdog.

A further article on the Justice sub Committee on Policing’s report into the crisis at the Scottish Police Authority can be viewed here: NO CONFIDENCE: Chair of Scottish Police Authority refuses to stand down, as board member criticises Holyrood scrutiny of governance, secrecy culture & lack of accountability at discredited Police watchdog

The report from the Justice Sub-Committee on Policing can be found here:  Justice Sub Committee on Policing Report on Governance of the Scottish Police Authority

According to declarations on the SPA website, Andrew Flanagan also holds positions on the Civil Service Commission, NHS Business Services Authority, London-based NEL Commissioning Support Unit, and the Criminal Injuries Compensation Authority, positions he earns up to £75,000 a year in addition to his £70K salary as SPA Chair.

Flanagan’s decision to remain in office comes after members of Holyrood’s Justice Committee said in a report  they had “serious concerns”in the current SPA Board – which has responsibility for oversight and spending of the £1.1 billion Police Scotland budget.

Responding to the Justice Committee’s criticisms of the SPA and their report SPA Chair Andrew Flanagan refused to stand down.

Mr Flanagan said: "As I have already done with the views of other parliamentarians, I and the SPA Board will consider this report very carefully over the coming days and reflect on its contents.

"As I indicated in my evidence to the Committee, I have publicly acknowledged recent mistakes without caveat or qualification. I also believe that in my time in office I have brought much improvement and clarity to the strategy, governance, sustainability, and relationships within policing.”

"I remain focussed on building a broad consensus around my continuing leadership of the SPA, and my contribution to a stable and collaborative leadership within policing as a whole.”

SPA Chair Andrew Flanagan’s decision to stay in the lead role at the now discredited Scottish Police Authority comes after one of it’s Board members – Graham Houston – launched a blistering attack on open hearings at the Scottish Parliament’s PAPLS Committee' – after it’s members quizzed the Chair & CEO of the SPA, along with Scottish Government Civil Servants at an earlier meeting of 20 April 2017.

Criticising MSPs scrutiny of the Scottish Police Authority, Board member Graham Houston said: “I also think as an example of good governance I think the treatment of my fellow board members by an audit and scrutiny committee was frankly appalling and I think if that is an example of what is expected of good scrutiny it leaves a lot to be desired. And I suggest that the members of that committee look to themselves about setting an example and also look to the guidance on board about how they conduct themselves in doing that.”

Mr Houston then attacked the media, accusing the press of abusing the ‘openness’ of the SPA and concludes by stating “I think that what will transpire is that probably we are one of the most open public authorities in Scotland.”

Video footage of Graham Houston’s criticisms of MSPs scrutiny of the SPA can be found here: Scottish Police Authority Board Member Graham Houston hits out at PAPLS scrutiny of Police Watchdog.

A glimpse into the world of the Scottish Police Authority’s board meetings features an excerpt from the SPA’s meeting of 15 December 2016, in which Board Member Moi Ali raised serious concerns about recommendations in relation to the publication on the day of board meetings and the holding of committees in private.

More on the discussion around the Governance Framework and input from Moi Ali who raised her concerns at the meeting can be viewed in video footage here: Scottish Police Authority 15 December 2016 meeting Governance framework discussion.

Ms Ali said she understood there were good reasons for those recommendations she had serious concerns about the lack of transparency around the two proposals, and that there were real drawbacks in relation to holding committee meetings in private.

Moi Ali said her concerns were two fold – the perception issue in relation to private meetings where it may be perceived that decisions may be taken behind closed doors, and that defacto decision may well be taken behind closed doors and that the process of decision making will be hidden and there is a danger in due course this will morph into a different kind of body in which effectively real decisions are taken albeit not in name but then come back to the SPA Board for rubber stamping rather than transparent debate.

While Flanagan still clings to power, the Justice Committee expressed “very serious concerns about the standards of governance” at the body and said it “does not have confidence that the current chair is the best person to lead the board”.

Previous articles on the Scottish Police Authority can be found here: Scottish Police Authority - Poor governance, private meetings & lack of accountability at Police regulator