APPROVED BY M’LORD: Former Police Chief & Legal Complaints board member receives approval from Lord Carloway to fill ‘window dressing’ Judicial Complaints Reviewer post

Ex top cop & SLCC Board member is new Judicial Investigator. A FORMER Deputy Chief Constable of Tayside Police who served as Convener of the Standards Commission for Scotland and was a board member of a tainted legal complaints quango – has been approved by Scotland’s top judge to investigate judges and serve as Scotland’s third Judicial Complaints Reviewer (JCR).

Ian Gordon, who also formerly served as a board member of the pro-lawyer Scottish Legal Complaints Commission (SLCC) and is currently Acting Commissioner with the Northern Ireland Public Service Ombudsman Office – will now serve as Judicial Complaints Reviewer from 1 September 2017 to 31 August 2020.

Ian Gordon’s appointment as JCR, which is required to be approved by Scotland's top judge – currently Lord Carloway - was announced by Justice Secretary Michael Matheson yesterday, Monday 14 August.

However, MSPs from across the political spectrum have called for the judicial watchdog to be given new powers and a review of the role undertaken by the Scottish Government amid controversy over the lack of powers to the JCR.

Moi Ali - Scotland's first Judicial Complaints Reviewer branded the JCR role as “window dressing” in evidence to MSPs at Holyrood during September 2013 – featured in a report here: As Scotland’s top judge battles on against transparency, Judicial Complaints Reviewer tells MSPs judges should register their interests like others in public life

Moi Ali continually called for extra powers until she quit the role in 2014 amid lack of cooperation from the judiciary & Scottish Government.

Gordon’s appointment as Judicial Complaints Reviewer comes after both his predecessors complained the SNP Government starved the post of resources.

Last week, the Sunday Herald published a further report on the controversy around the office of Judicial Complaints Reviewer, revealing current Gillian Thompson has published further concerns on the relevance and efficacy of the job.

Gillian Thompson said her contracted hours of just three days a month “inevitably” led to delays, “inconvenience for complainants” and ultimately “a poor service”.

She said she doubted public expectations were being met, complained her access to investigation files was limited, and urged ministers to “review the relevance of the role”.

Gillian Thompson published two annual reports on her work as JCR, last week - which contain no case histories after the Scottish Government suggested such references be excluded in published reports.

Several weeks ago Thompson was caught in a controversy where documents released by the Scottish Government revealed she had accused her predecessor of being the source of media interest in the lack of published annual reports by the JCR.

The accusations turned out to be false, and the Scottish Government ordered journalists to destroy the initial release of documents, which was swapped for another version by Stuart Lewis, a Senior Media Manager for the Scottish Government’s Justice & Education hub. Lewis refused to identify who took the decision to order destruction of the FOI documents.

Further concerns have been raised after the Scottish Information Commissioner dodged calls to look into the case, after journalists called for a re-examination of how exemptions are used by the Scottish Government where Thompson’s written accusations were then censored under the guise of ‘protecting free and frank discussions between officials’.

A full report and publication of the FOI documents on the controversy around Thompson and the Scottish Government’s FOI release can be found here: Scottish Government request destruction of FOI papers - Files reveal Ministers silence on judicial complaints & civil servants attempts to exclude case histories from Judicial Investigator’s annual reports

Ms Thompson’s predecessor Moi Ali also complained a lack of funds and support had made the role of Judicial Complaints Reviewer “enormously frustrating and difficult”.

Today, it has been reported LibDem MSP Liam McArthur has urged Mr Matheson to review the post of JCR.

In a letter to the Justice Secretary, Mr McArthur said: “The only two holders of the post have both provided blistering accounts of their experiences. In appointing the third JCR the Scottish Government cannot ignore the criticisms of his predecessors and the serious questions that surround the credibility of this office. It is clear that the current system is not working.”

Tory MSP Liam Kerr said: “Given the criticism levelled at the Scottish Government by the former reviewer, it appears her successor has quite a job on his hands.

“If this role is to be a success, ministers have to provide the resources and support necessary. We can’t afford for this to be yet another wasted 12 months.”

Labour MSP Claire Baker added: “It is clear that the new JCR needs far greater support.

“For the SNP to simply announce a new JCR but fail to address any of the serious structural shortcomings in the role is simply unacceptable.

“The Scottish Government cannot hide from their responsibility. They must fully fund and resource the new JCR so that he can carry out his role in the best interests of the public.”

However the biography issued by the Scottish Government on Mr Gordon contains no references to his time as one of the first intake of Board members at the discredited Scottish Legal Complaints Commission.

The SLCC was recently branded as a “toothless waste of time” by former Cabinet Secretary Alex Neil MSP (SNP Airdrie and Shotts) after the legal services regulator failed to act in a high profile case involving a senior QC caught up in a cash payments scandal.

The team responsible for setting up the Scottish Legal Complaints Commission and it’s board members in 2008 was led by Angela McArthur, Chief Executive of the Parole Board since December 2009

During Mr Gordon’s time on the board of the Scottish Legal Complaints Commission, the pro-lawyer regulator lurched from controversy to scandal, where media reports revealed board members infighting over dealing with members of the public, campaign groups, and drunken exchanges between board members & senior SLCC staff.

Ministerial Announcement of new Judicial Complaints Reviewer: Judicial Complaints Reviewer appointed

Cabinet Secretary for Justice Michael Matheson has announced the appointment of the third Judicial Complaints Reviewer.

Ian Gordon is a retired Deputy Chief Constable of Tayside Police. He is currently an Acting Commissioner with the Northern Ireland Public Service Ombudsman Office.

He was seconded to HM Inspectorate of Constabulary and was the lead police officer on the annual statutory inspection of five UK police forces, and was a member of the UK Police Professional Standards Group. He has conducted criminal, conduct and complaints investigations in the UK and undertaken enquires abroad on behalf of the Foreign Office.

Mr Gordon was also a Convener for the Standards Commission between 2010 and 2017 and contributed to a focused improvement to awareness of the codes of Conduct by elected members and Boards of Public Bodies.

This appointment was established by the Judiciary and Courts (Scotland) Act 2008 to review, when asked, the handling of a complaints investigation into members of the judiciary, to ensure that it has been dealt with in accordance with The Complaints About the Judiciary (Scotland) Rules 2016. The Reviewer has no powers to consider the merits of any complaint or the disposal of the complaint.

The appointment will be for a period of three years from 1 September 2017 to 31 August 2020, and will be paid a daily fee of £217. The appointment has been made with the approval of the Lord President.

All appointments are made on merit and political activity plays no part in the selection process.

FROM EX-COP TO JUDGING JUDGES - BIOGRAPHY IAN GORDON:

Ian Gordon is listed as Chair on the website of the Ericht Trust and is an active director of the Ericht Trust which is also registered as a company limited by guarantee, managed by a Board of Trustees who are elected at an Annual General Meeting, and a Company Secretary.

The Ericht Trust has since reported in March 2017 to be in the process of changing it’s name to the Erich Trust.

The Ericht Trust describes itself as a 'not for profit' charitable organisation, which focuses on community development and regeneration in line with Scottish Government policies on community empowerment. It is a member of Development Trusts Association Scotland (DTAS). DTAS provides support to its members and a link into a network of the many comparable Trusts working for the benefit of their communities across Scotland. Being part of this bigger family gives strength to the organisation when voicing opinion or seeking support from Government and Local Authorities.

The object of the Trust is to stimulate a range of community projects which will benefit residents and businesses and draw visitors to this area.

A register of interests posted by the Scottish Legal Complaints Commission also listed Mr Gordon as a director of Quarere Ltd.

Quaere Limited was set up on 20 Dec 2006 has its registered office in Perthshire. Its current status is listed as "Dissolved". The company's first directors were Marion Therese Gordon, Ian Alexander Gordon. Quaere Limited has no subsidiaries.

The company was listed under the headings of SIC 2003:7414 — Business And Management Consultancy Activities & SIC 2007: 70229 — Management Consultancy Activities (Other Than Financial Management)

Last annual accounts of Quarere Ltd were filed in 2009.

Other interests listed in Mr Gordon’s register of interests from his time at the Scottish Legal Complaints Commission include:

• Associate Professor in Policing for Charles Sturt University (Australia).
• Formerly Chair of the Association of Chief Police Officers in Scotland (ACPOS) Professional Standards Business Area.
• Vice-Chair of ACPOS General Policing Business Area.

Previous articles on the Judicial Complaints Reviewer and complaints against Scotland’s judiciary can be found here: Judicial Complaints Reviewer - Reviewing complaints against Scotland's judiciary