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.
The move to create a register of judicial interests enjoys cross party support from a full debate at Holryood in October 2014.
Now, members of the Scottish Parliament’s Justice Committee are set to look at the proposals, already backed by many MSPs and the Public Petitions Committee.
Recommendations for action by Justice Committee members - listed in papers for Tuesday’s meeting include the following options:
5. Once a petition has been referred to a subject Committee it is for the Committee to decide how, or if, it wishes to take the petition forward. Among options open to the Committee are to: Keep the petition open and write to the Scottish Government or other stakeholders seeking their views on what the petition is calling for, or views on further information to have emerged over the course of considering the petition; Keep the petition open and take oral evidence from the petitioner, from relevant stakeholders or from the Scottish Government; Keep the petition open and await the outcome of a specific piece of work, such as a consultation or piece of legislation before deciding what to do next; Close the petition on the grounds that the Scottish Government has made its position clear, or that the Scottish Government has made some or all of the changes requested by the petition, or that the Committee, after due consideration, has decided it does not support the petition;
The Committee may wish to consider what action, if any, it would like to take in relation to the petition. Possible options are set out at paragraph 5 above. If this is an issue that the Committee would like to explore further, it may wish to consider writing to those listed at paragraph 9 to ask whether they had anything to add to their earlier contributions. It could also seek more information on the Norwegian model, and then obtain an updated briefing from SPICe.
Included also in the Committee papers are submissions from the Petitioner, and Moi Ali – Scotland’s first Judicial Complaints Reviewer – who gave evidence to the Public Petitions Committee in September 2013, supporting the petition’s calls for the creation of a register of judicial interests.
The submission from Moi Ali reads as follows:
This brief submission to the Justice Committee relates to its consideration of a proposal to implement a register of interests for the judiciary. I am writing as an ordinary citizen, but my submission is informed by my experience as Scotland’s first Judicial Complaints Reviewer (JCR).
In that previous role I gave evidence to the Petitions Committee in support of a register of interests.
Although now writing in a private capacity, I have served on public boards for nearly two decades and as a Board Member I have (rightly) been required to complete a register of interests for each role, to provide assurance to the public that my dealings are not motivated by money, family connections or friendships.
The Justice Committee members who will take the decision on a register of interests, as MSPs must publish their interests too.
It is time that the judiciary joined the rest of those in public life in taking this small, simple step to improve transparency and accountability, thereby enhancing their own reputation in the process.
I have long campaigned for greater transparency in public life, yet in my role as JCR I occasionally found the judiciary to be needlessly secretive.
I am not suggesting that there was anything to hide, but a failure to be transparent inevitably left the public with whom I dealt feeling suspicious.
I will not rehearse the arguments in favour of a register of interests: they are well known.
However, I would emphasise that although opposed by the judiciary, it is in their own interests as well as the public interest that there be a register of interests.
I would like to conclude by reiterating my respect for the judiciary and the essential work that they undertake. Judicial independence is vital to a democracy, but with independence goes accountability. A register of interests is a mechanism for enhancing accountability. Ms Moi Ali 18 September 2018
In March of this year, after lengthy deliberations & evidence, the Scottish Parliament’s Public Petitions Committee backed the petition calling for the creation of a register of interests, and concluded the proposal to increase judicial transparency - should become law.
On Thursday, 22 March 2018, the Public Petitions Committee of the Scottish Parliament held it’s 25th hearing on Petition PE1458: Register of Interests for members of Scotland's judiciary.
Members of the Committee concluded that such a register should be introduced into law – and cast aside arguments put forward by two top judges that such a register was “unworkable
Petitions Committee Convener Johann Lamont MSP (Scottish Labour) said: “In the course of our consideration of the petition, positive developments have occurred—most notably the introduction and further development of a register of judicial recusals. The register brings welcome transparency to instances where a judge may decide, or be requested, to decline to hear a particular case. “
“The committee particularly welcomes the recent agreement of the Lord President to expand the information that is captured in the register. However, the core action that was requested by the petition was the establishment of a register of financial interests.”
“We have given much thought to this request, hearing views both for and against such a register. Having taken those arguments into account, the committee has concluded that a register of financial interests is not unworkable, and it is the view of this committee that such a register should be introduced.”
Deputy Convener Angus MacDonald MSP (Scottish National Party) added: “This is another long-running petition, having been live since December 2012—for as long as I have been on the committee. It was originally based on a similar move in New Zealand, which was subsequently withdrawn.”
“Along with a wide range of back benchers from across the political spectrum, I spoke in favour of the introduction of a register of interests during a debate in the chamber in the previous session. It is clear to me that we need to ensure transparency and openness in public life as well as ensuring that people can have confidence in those holding public office. I believe that a register of interests along the lines of the system operating in Norway, which I have looked at, is the way to go. However, I am aware that the committee as a whole has not taken a view on that.”
“The petition has already secured a result, which you have referred to, with the introduction of a register of recusals, which was brought into effect in April 2014, directly as a result of this petition. You also referred to the fact that the current Lord President, Lord Carloway, has agreed to extend the scope of the register of recusals.”
“I would be keen for the Scottish Government and the Judicial Office for Scotland to do some further work on the introduction on the introduction of a register of financial interests. However, as you have suggested as possibly being the way forward, in the first instance we should refer the petition to the Justice Committee to allow it to move the issue forward.”
The Petitions Committee have since written to the Justice Secretary Michael Matheson, and Lord Carloway.
When responses are received, MSPs will consider further action.
Video footage and a transcript of the Public Petitions Committee hearing follows:
Petition PE 1458 Register of Judicial Interests Public Petitions Committee 22 March 2018
Judiciary (Register of Interests) (PE1458):
The Convener: The next petition, PE1458, calls for the introduction of a register of interests for members of Scotland’s judiciary. As members will recall, we have previously agreed to write to the Lord President and the Cabinet Secretary for Justice, and have considered a draft letter at previous meetings. The petition has received much consideration since it was lodged in 2012. I express my gratitude to the petitioner for raising the issue and to all those who have engaged in discussions on the issues that are raised in the petition, including the Lord President, Lord Carloway, and his predecessor, Lord Gill.
In the course of our consideration of the petition, positive developments have occurred—most notably the introduction and further development of a register of judicial recusals. The register brings welcome transparency to instances where a judge may decide, or be requested, to decline to hear a particular case. The committee particularly welcomes the recent agreement of the Lord President to expand the information that is captured in the register. However, the core action that was requested by the petition was the establishment of a register of financial interests. We have given much thought to this request, hearing views both for and against such a register. Having taken those arguments into account, the committee has concluded that a register of financial interests is not unworkable, and it is the view of this committee that such a register should be introduced.
In reaching that view, the committee is very clear that it does not consider there to be a basis for any suggestion of corruption in respect of Scotland’s judiciary or of inappropriate influences on judicial decision making. Rather, it is the view that we have reached, based on the principles of transparency and openness in public life. While that is the view of this committee, we also understand that the Lord President and the Scottish Government have indicated they do not support the introduction of a register.
Would it be appropriate for us to invite the Justice Committee to consider the petition in light of our recommendation? Would members be content to write to the Lord President and the Scottish Government setting out our view and to refer the petition to the Justice Committee for its consideration? Do members have any comments?
Angus MacDonald (Falkirk East) (SNP): This is another long-running petition, having been live since December 2012—for as long as I have been on the committee. It was originally based on a similar move in New Zealand, which was subsequently withdrawn. Along with a wide range of back benchers from across the political spectrum, I spoke in favour of the introduction of a register of interests during a debate in the chamber in the previous session. It is clear to me that we need to ensure transparency and openness in public life as well as ensuring that people can have confidence in those holding public office. I believe that a register of interests along the lines of the system operating in Norway, which I have looked at, is the way to go. However, I am aware that the committee as a whole has not taken a view on that.
The petition has already secured a result, which you have referred to, with the introduction of a register of recusals, which was brought into effect in April 2014, directly as a result of this petition. You also referred to the fact that the current Lord President, Lord Carloway, has agreed to extend the scope of the register of recusals.
I would be keen for the Scottish Government and the Judicial Office for Scotland to do some further work on the introduction on the introduction of a register of financial interests. However, as you have suggested as possibly being the way forward, in the first instance we should refer the petition to the Justice Committee to allow it to move the issue forward.
Rona Mackay: I broadly agree with what my colleague has said. That is a natural way forward for the petition. I do not think that we can take it any further, given the history that we have just heard. I think that it is sensible to send it to the Justice Committee for its consideration.
The Convener: Do we agree to write to the Lord President and the Scottish Government setting out our view and to refer the petition to the Justice Committee for its consideration?
Members indicated agreement.
Decision: PE1458 by Peter Cherbi on Register of Interests for members of Scotland's judiciary. The Committee agreed to write to the Lord President and the Scottish Government setting out its view that a register of interests should be introduced and to refer the petition to the Justice Committee, under Rule 15.6.2 of Standing Orders, for its consideration.
The judicial interests petition – filed at Holyrood in October 2012 and 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 report containing video footage of every hearing, speech, and evidence sessions at the Scottish Parliament on Petition PE1458 can be found here: Scottish Parliament debates, speeches & evidence sessions on widely supported judicial transparency petition calling for a Register of Interests for Scotland's judiciary.
MSP at Holyrood have previously heard over sixty two submissions of evidence, during twenty one Committee hearings, and a private meeting between two MSPs and a top judge, and two private meetings since early December 2017 to decide a way forward on their six year investigation.
Cross party support for the Petition at the Scottish Parliament saw fifteen speeches by MSPs during a full Holyrood debate spanning from 2012 to 2018.
The move to create a register of judicial interests enjoys cross party support, is widely supported in the media and in public debate as a result of media coverage.
The petition secured early support of Scotland’s Judicial Complaints Reviewer Moi Ali, and her successor - Gillian Thompson.
Moi Ali – who served as Scotland’s first Judicial Complaints Reviewer (JCR) - appeared before the Public Petitions Committee of the Scottish Parliament in a hard hitting evidence session during September of 2013, giving early backing to the proposals calling for the creation of a register of judicial interests.– reported here: Judicial Complaints Reviewer tells MSPs judges should register their interests like others in public life.
Scotland’s second Judicial Complaints Reviewer Gillian Thompson OBE also supported the petition and the creation of a register of judicial interests during an evidence session at Holyrood in June 2015.
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.
Video footage and a full report on Lord Brian Gill giving evidence to the Scottish Parliament in November 2015 can be found here: JUDGE ANOTHER DAY: Sparks fly as top judge demands MSPs close investigation on judges’ secret wealth & interests - Petitions Committee Chief brands Lord Gill’s evidence as “passive aggression”
Video footage and a full report on Lord Carloway (Colin Sutherland) giving widely criticised evidence to the Scottish Parliament in July 2017 can be found here: REGISTER TO JUDGE: Lord Carloway criticised after he blasts Parliament probe on judicial transparency - Top judge says register of judges’ interests should only be created if judiciary discover scandal or corruption within their own ranks
Dear Lord Carloway,
Petition PE1458: Register of Interests for members of Scotland’s judiciary
Calling on the Scottish Parliament to urge the Scottish Government to create a Register of Pecuniary Interests of Judges Bill (as is currently being considered in New Zealand’s Parliament) or amend present legislation to require all members of the Judiciary in Scotland to submit their interests & hospitality received to a publicly available Register of Interests.
As you may be aware, the above petition was lodged in December 2012 and has been considered by the current Public Petitions Committee and its Session 4 predecessor. Over this period MSPs have taken on board the arguments for and against a register of interests and the nature of the interests that might be covered in such a register. This letter sets out the conclusions that the Public Petitions Committee has reached on the petition.
In setting out these conclusions, I would emphasise that the Committee absolutely recognises that an independent and well-functioning judiciary is, and must be, an essential part of our system of government.
I also make clear that the Committee’s consideration of the petition, and the views set out in this letter, reflect our viewpoint that there is no basis for any suggestion of corruption in respect of Scotland’s judiciary or of inappropriate influences on judicial decision making.
The Committee has reached its views based on the wider contemporary picture of transparency and openness in public life wherein preventing the perception of any undue influence is important in ensuring confidence in those holding public office.
Register of recusals
One of the welcome developments in the course of this petition has been the introduction of a register of recusals. The Committee notes that this register was brought into effect in April 2014 directly as a result of the petition and a meeting between the then Lord President, Lord Gill, and representatives of the Session 4 Public Petitions Committee. In recent discussions with the Committee, and the petitioner, you agreed to extend the scope of the register of recusals. As a result, the register will now ensure transparency about recusal across courts and tribunals in Scotland. The Committee very much welcomes these measures.
In doing so, we note that this addresses one of the arguments made against a register of financial interests - that it would not capture those instances where consideration of any potential conflict in a case was based on a social or personal connection that may not be known about prior to a case coming to court.
The Committee agrees that the practicalities are such that it would not be possible or proportionate to require advance registration of personal connection with parties that may at some point be relevant within a particular case. However, we do consider that public transparency of such connections is vital and the register of recusals is the tool that strikes an appropriate balance in this regard.
We would also observe that the value of collating information about recusals is that it enables analysis to be undertaken of the way the recusal systems operates and for this analysis to inform ongoing thinking about the administration of justice through the Scottish courts.
Register of financial interests
Turning now to the core question of a register of interests, the Committee’s most recent consideration of the petition focussed on seeking to understand and explore some of the arguments put forward against the introduction of such a register.
These arguments have included—
• a risk of online fraud due to retribution from dissatisfied litigants (which, it was argued, may have an inhibitory effect on the administration of justice if judges start to decline roles on public bodies such as the board of the Scottish Courts and Tribunals Service) and,
• the possibility of the existence of a register of interests having a damaging effect on recruitment.
Members do, of course, have an understanding of the practical operation of a register of interests given the duties that apply to elected members. However, in considering the arguments put forward, we have not considered the role of judges as analogous to the role of elected members or had in mind any particular model for a register of interests that might be appropriate for judges.
Instead, our consideration has been based on an understanding of the expectations that apply to all holders of public office, whether elected or unelected, in relation to disclosure of financial interests. As we noted above, such disclosures not only allow for demonstration that decision-making is not influenced by personal interests but also prevent the perception of the influence of interests on decision-making.
Having considered these arguments and the thinking behind them, the Committee has not been convinced that a register of interests is an unworkable idea and it is the view of the Committee that such a register should be introduced.
Recognising that the Scottish Government and the Judicial Office for Scotland have indicated that they do not support the introduction of a register, the Committee today agreed to refer the petition to the Justice Committee, inviting that Committee to consider the petition further, in light of our recommendation.
Yours sincerely: Johann Lamont MSP Convener
The National reported on the success of the six year petition calling for a register of judicial interests, in the following articles:
Martin Hannan Journalist 23 March 2018
IT’S taken nearly six years and 25 hearings but as The National predicted yesterday, a register of interests for all Scottish judges is set to become law.
The petition for a register by legal issues campaigner Peter Cherbi will now go the Justice Committee at Holyrood with a recommendation that the register becomes law.
The current and previous Lord Presidents, Lord Carloway and Lord Gill respectively, both strongly opposed the register which they feel will make it difficult for judges to be recruited.
Committee chair Johann Lamont said: “The committee has concluded that a register of financial interests is not unworkable and it is the view of the committee that such a register should be introduced.”
She said the committee’s view had been reached with regard to “the principles of openness and transparency in public life”.
Having achieved his success after years of work, Peter Cherbi told The National: “I am delighted to hear the Public Petitions Committee support the creation of a register of interests for judges, and applaud their work on this petition.
“From filing the petition in 2012, being a part of the process to submit evidence, report on hearings, and observing witness evidence, I am very impressed that Holyrood followed this through from committee, to a full debate in the main chamber in October 2014, where the petition gathered overwhelming cross party support, to now, with the decision to recommend the creation of a register of judicial interests.
“Key evidence from Judicial Complaints Reviewer Moi Ali in September 2013 was, I believe, the turning point and a key moment where the proposal for register of judicial interests gathered steam.
“MSPs were able to hear for themselves from someone within the justice framework how a register of interests for judges would not only benefit transparency, but also bring back much needed public trust and respect to the justice system and our courts.
“My sincere thanks to MSPs Angus MacDonald, David Torrance, current Convener Johann Lamont, ex-convener David Stewart, Jackson Carlaw, particularly Alex Neil who asked key questions several times in the process, former MSPs Chic Brodie and John Wilson and all members of the Public Petitions Committee past and present who have given their considerable time, effort and input into this petition, have taken the time to study the evidence, and arrive at the conclusion transparency in the judiciary is a good thing, and not as Lord Carloway and Lord Gill claimed ‘unworkable’.”
This is a good day for the Scottish Parliament and for transparency.
The Sunday Mail print edition reported on the Petitions Committee backing for legislation to require judges to declare their interest, and also featured a report on Alex Neil MSP – who supports the judicial transparency proposals and is prepared to bring in a Members Bill to create a register of judges’ interests:
Sunday Mail 25 March 2018
Ex-minister Alex Neil will defy Nicola Sturgeon with a bill forcing Scotland's judges to declare their interests.
Holyrood's petitions committee have asked the Government to legislate for a register which may include details of financial, professional and personal connections of judges, sheriffs and justices of the peace.
Sturgeon is expected to reject the committee's recommendation. But Neil believes there is enough cross-party support to raise his own bill, in a rare act of SNP backbench rebellion.
He said: "If no bill is brought forward by the Government, I would intend to do so myself, as there is significant support from other MSPs."
Former health secretary Neil backs the register after representing constituent Donal Nolan, who took Advance Construction to court over a land dispute.
It later emerged that judge Lord Malcolm sat on the case despite his lawyer son Ewen Campell acting for the construction firm.
Neil said: "If the committee decide to recommend a bill, it is absolutely necessary as I have seen from cases such as Nolan v Advance Construction where there were undeclared interests."
The Scottish Sun print edition also reported on the Petition Committee’s backing for a register of judicial interests and Alex Neil MSP’s plan for a Member’s Bill:
JUDGE LIST IS BACKED
Scottish Sun 23 March 2018
MSPs defied Nicola Sturgeon yesterday by calling for judges to list their financial ties.
Holyrood's cross-party Public Petitions Committee backed a register of interests for the judiciary.
Its convener Johann Lamont said the move was based on "principles of transparency and openness in public life".
Top judge Lord Carloway claimed the register would hit recruitment and the Government has said it was "not needed".
Last night Nats MSP Alex Neil warned if plans for the list are not backed he is "prepared to do it as a Member's Bill".
A further report in The National newspaper:
Martin Hannan Journalist 22 March 2018
AFTER nearly six years and 25 sittings of evidence and debate on the petition to create a register of judges’ interests, The National has learned that the Holyrood Petitions Committee is set to recommend legislation to the Scottish Government.
The petition lodged by legal issues campaigner Peter Cherbi in 2012 called for a Register of Pecuniary Interests Bill and when it meets later today, the Petitions Committee will have a draft letter before it suggesting the Scottish Government brings in such a register.
Cherbi’s petition has been strongly supported by MSPs such as Alex Neil and equally strongly opposed by members of the judiciary led by the current and former Lord Presidents, Lords Carloway and Gill respectively, who said it could be harmful to judges and their recruitment.
Cherbi said last night: “Everyone apart from the judiciary, and apparently those with a desire on becoming a judge, gets the idea that judges should declare their interests in a register, just like everyone else in public positions.
“For the judiciary to have stalled this transparency proposal on their reasoning that judges should be given a pass from transparency just because they are judges does not fit in with modern life or expectations by the public of openness in government and the justice system.
“Two top judges have given evidence. Both adopted overwhelmingly aggressive positions to the idea that the same transparency which exists across public life, and which they are charged with enforcing in our courts, should be applied to them.
“Yet amidst their inferences that justice would shut down, judges could not be hired, and the world would stop turning, neither Lord Carloway nor Lord Gill could make a convincing case against creating a register of judicial interests.
“Prosecutors, police, court staff, even the legal aid board – all key parts of the justice system have registers of interest. Therefore there can be no exclusion from transparency for the most powerful members of the justice system – the judiciary itself.
“Who would have thought judges would have been so fearful of transparency and disclosing their own interests, that it would have taken six years for the Scottish Parliament to reach this stage of recommending legislation? Time now to take openness forward for our judiciary, which will ultimately help regain a measure of public confidence in the courts.
“This is a win win for Scotland. We as a team, petitioners, the media, Judicial Complaints Reviewers, those in our courts and even the legal profession who back this move – changed the judiciary’s expectations of openness and requirements of transparency.”
The video timeline of debate at the Scottish Parliament’s Public Petitions Committee from 2012 to 2018 on Petition PE1458:
Petition PE1458 Register of Interests for Scottish Judiciary Scottish Parliament 8 January 2013
The Committee decided to call for submissions on the petition from the Lord President, the Law Society of Scotland, Faculty of Advocates and Crown Office.
Petition PE1458 Register of Judges Interests 5 March 2013 Scottish Parliament
Petition PE1458 by Peter Cherbi calling on the Scottish Parliament to legislate to create a Register of Interests for Scotland's judiciary was heard today 5 March 2013. The Committee decided to call for further evidence and also to invite the Lord President Lord Gill and others along to speak to MSPs and be questioned on the matter.
Petition 1458 Register of Interests for Scotland's Judiciary Scottish Parliament 16 April 2013
A petition calling for a register of interests for Scotland's judiciary has again been debated at the Scottish Parliament, where upon the Lord President Lord Gill's refusal to attend the Petitions Committee to give evidence, the Petitions Committee decided to repeat its invitation to Lord Gill to attend, and also agreed to seek the views of the Judicial Appointments Board and the Judicial Complaints Reviewer.
Petition 1458 Register of Interests for Scottish Judiciary 25 June 2013 Scottish Parliament
Members of the PPC decided to invite Moi Ali, the Judicial Complaints Reviewer to give evidence and also to contact Dr Kennedy Graham MP of the New Zealand Parliament. Dr Graham currently has a bill before MPs in New Zealand calling for a Register of Pecuniary Interests of Judges. During the debate it was noted Lord Gill has refused to attend the Scottish Parliament to discuss the petition and judge's interests, but has attended the Justice Committee to discuss court closures in Scotland.
Moi Ali, Scotland's Judicial Complaints Reviewer gives evidence to MSPs at the Scottish Parliament regarding Public Petition PE1458 calling for a Register of Interests for Scotland's Judiciary.
Petition 1458 Register of Judicial Interests Public Petitions Committee 28th January 2014
Following a private meeting between Scotland's top judge, the Lord President Lord Brian Gill, and the Convener & Deputy Convener of the Public Petitions Committee of the Scottish Parliament,the Committee agreed today, 28 January 2014 to defer consideration of Petition PE1458 by Peter Cherbi calling on the Scottish Parliament to create a register of judicial interests, pending receipt of a letter from the Lord President.
The Convener, David Stewart MSP and Deputy Convener, Chic Brodie MSP reported back to members on what had been said at the private meeting with Scotland's top judge who refused to attend the Scottish Parliament to be questioned on his deep seated opposition to the proposal to requie Scottish judges to declare all their interests, hidden wealth, family & business links and other matters which may impact on cases being heard before judges in Scottish courts.
Committee Member John Wilson MSP requested details of the private meeting with the judge be put on the official record of the Committee, and Jackson Carlaw MSP drew attention to the fact had it not been for the Petitions Committee asking tough questions there would not even be any letters forthcoming from Lord Gill.
The petition will be heard once a letter has been received from Scotland's top judge, who appears to be set against any attendance to face questions on why judges should not be required to register their interests, unlike all other public officials, politicians, Government Ministers and others.
Petition 1458 Register of Judicial Interests Scottish Parliament 4 March 2014
The Committee agreed to seek time in the chamber for a debate on the petition. The Committee also agreed to write to the Lord President and the Scottish Government.
The Committee agreed to continue the petition, and is seeking a debate in the main chamber of the Scottish Parliament. The Committee also agreed to write to the Lord President and the Scottish Government for more detailed responses.
The next fifteen video clips are from the debate held at the Scottish Parliament on Thursday 09 October 2014, in which MSPs, Scottish Government ministers and members of the Public Petitions Committee spoke in the debate. The full text of the speeches of each MSP can be found here: DEBATING THE JUDGES: Cross party support for proposal seeking a register of interests for members of Scotland’s Judiciary as Scottish Parliament holds first ever debate on judicial accountability & transparency
David Stewart MSP opening speech Register of Judicial Interests Petition PE1458 Scottish Parliament
David Stewart: The committee’s motivation in giving consideration to the issue and in seeking time in the chamber to debate it is a point of principle and comes from the starting point of there being an assumption of openness and transparency in all areas of public life in order to shine a light, if you like, into every corner of Scottish society.
Roseanna Cunningham: The setting up of a register of judicial interests would be a matter for the Lord President, as head of the judiciary in Scotland. The Lord President takes the view that a register of pecuniary interests for the judiciary is not needed. Furthermore, a judge has a greater duty of disclosure than a register of financial interests could address.
Graeme Pearson MSP opening speech Register of Judicial Interests Petition PE1458 Scottish Parliament
Graeme Pearson: Until the petition was discussed, there was no knowledge of recusals in the public domain. I welcome the fact that, as of April this year, the Lord President has introduced a register of recusals. It is fair to say that without the petition and the work of the Public Petitions Committee, such a register would probably not have been considered.
Jackson Carlaw MSP opening speech Register of Judicial Interests Petition PE1458 Scottish Parliament
Jackson Carlaw: It is perhaps difficult to take on the judiciary, because judicial independence is always mentioned. As I said, that is a cornerstone of democracy, but because there has been no separation of accountability and independence, it is easy for the judiciary to say, ‘We are independent, so don’t interfere in that.’ Unless independence and accountability are separated, legislation will continue to include no requirement for more openness and transparency.”
Angus MacDonald MSP Register of Judicial Interests Petition PE1458 Scottish Parliament 9 Oct 2014
Angus MacDonald: If we as elected members have to register and declare our interests, I see no reason why members of Scotland’s judiciary should not be subject to a full and publicly available register of judicial interests.
Anne McTaggart: In Scotland, claims continue to emerge of trials that have been unfair as a result of religious, ethnic or national bias. As long as those claims continue to exist, it is the Parliament’s job to promote fair government. In conclusion, I declare my support for the petition and encourage support from all the other MSPs.
David Torrance: Although I understand that conflicts of interest are on occasion declared in open court prior to taking on a case, the introduction of a register of interests would provide a more consistent and sound basis on which to move forward.
Neil Findlay: We need to do much more to make our society less secretive and less closed, and I think that the register that we are discussing is just one step towards that end. I, for one, give it my full support and urge other MSPs to do the same.
Joan McAlpine: I gently suggest to the Lord President, in whose gift it is to set up a register, as we cannot legislate for it in the Parliament, that he should be mindful of the need for the judiciary to move with the times, along with every other public institution, in order to retain the confidence of the public.
John Wilson MSP speech Register of Judicial Interests Petition PE1458 Scottish Parliament 9 Oct 2014
John Wilson: A register of interests for judges is an area in which we could move forward and build more confidence in the system that we have in place.
Stewart Stevenson: I encourage Lord Gill and his successors to think about recalibrating their relationship with Parliament.
Jackson Carlaw: Mind you, I would point out that we, too, swear an oath, but we nonetheless still subscribe to a register.
Elaine Murray MSP Register of Judicial Interests Petition PE1458 Scottish Parliament 9 October 2014
Elaine Murray: “Given the position of power held by the judiciary, it is essential not only that they have absolute integrity–but crucially, that they are seen to have absolute integrity.” Therefore, the issue is not that anyone doubts the judiciary’s integrity, but that the public need to see that integrity.
Roseanna Cunningham: A number of members referred to the register of interests of MSPs. However, the situation is different, because we are directly accountable to the electorate.
Chic Brodie: There is concern that a register would have unintended consequences—a phrase that has been used often in the debate—for the judiciary’s freedom and privacy and its freedom from harassment from the media or dissatisfied litigants. Those are concerns, but they are no less so for others in public life, including MPs and MSPs, who may be attacked publicly for non-declaration of interests. Although it is argued that the establishment of a register may have the unintended consequence of eroding public confidence in the judiciary, it might equally be argued that its absence might have the same effect.
The debate at the Scottish Parliament now returns to deliberations of the Public Petitions Committee on Petition PE1458 – A Register of Interests for members of Scotland’s Judiciary:
Register of interests for judiciary Petition PE1458 Scottish Parliament 28 October 2014
Paul Wheelhouse Register of Judicial Interests Petitions Committee Scottish Parliament 9 Dec2014
Minister for Community Safety Paul Wheelhouse gives evidence to the Public Petitions Committee on their investigation of proposals to create a register of judicial interests as called for in Petition PE1458. Mr Wheelhouse on behalf of the Scottish Government opposes the creation of a register which will inform the public about what judges have, their interests, links to big business, banks, shares in corporations and tax avoidance scams.
Petition 1458 Register of interests for Scotland's Judiciary Scottish Parliament 12th May 2015
The Scottish Parliament's Public Petitions Committee discussed Petition PE1458 on Tuesday 12 May 2015. The Committee agreed to call Gillian Thompson OBE - Scotland's current Judicial Complaints Reviewer to give evidence on the creation of a register of judicial interests.
The Scottish Parliament's Public Petitions Committee discussed Petition PE1458 on Tuesday 23 June 2015. The Committee took evidence from Gillian Thompson OBE - Scotland's current Judicial Complaints Reviewer who gave evidence in support of the creation of a register of judicial interests.
Lord Brian Gill evidence to Public Petitions Committee Scottish Parliament 10 Nov 2015
Lord Brian Gill, former Lord President and Lord Justice General of Scotland gives evidence to the Scottish Parliament's Public Petitions Committee on Petition PE1458 calling for a register of interests for judges.Gill refused two earlier invitations to appear before the Public Petitions Committee in 2013 and was dubbed "Lord No No.". Several times during the debate the 73 year old 'retired' Lord Gill called on the panel of MSPs to show faith in the UK judiciary and scrap the petition along with calls for greater transparency of judges interests.
Petition PE1458 Register of Interests for Judges Public Petitions Committee Holyrood 1 Dec 2015
Petitions Committee member Kenny MacAskill MSP calls for the committee to invite the new Lord President upon their appointment to appear to give evidence. Convener Michael McMahon MSP agrees to write to the new Lord President.
Petition PE1458 Register of judicial interests Scottish Parliament 23rd February 2016
The Committee decided Lord Carloway is to be called to give evidence, MSPs will also contact Professor Alan Paterson of the University of Strathclyde for evidence.
Petition PE1458 Public Petitions Committee Scottish Parliament 29 Sept 2016
The Petitions Committee decided to call Lord President Lord Carloway to give evidence, and also hear from Professor Alan Paterson of the University of Strathclyde.
Petition PE1458 Register of Interests for judges Public Petitions Committee 22 Dec 2016
MSP Angus MacDonald (SNP) moves to call Professor Alan Paterson to give evidence to the committee and for msps to consider evidence from the Professor then to contact the Lord President, Lord Carloway.
Professor Alan Paterson Petitions Committee PE1458 19th Jan 2017
Professor Alan Paterson evidence to Public Petitions Committee on creating a register of interests for members of Scotland's judiciary.
PE 1458 Public Petitions Committee Scottish Parliament 30th March 2017
Members of the Scottish Parliament's Public Petitions Committee decide to invite Lord President Lord Carloway to provide evidence before the Committee at a future date, and to invite Alex Neil MSP to appear before the Committee at the same meeting. The decision was taken after Lord Carloway offered concessions on the recusal register of Scotland's judiciary - created as a result of this petition.
Lord Carloway Register of Judges interests Petitions Committee Scottish Parliament 29 June 2017
Lord Carloway gives evidence to the Public Petitions Committee on a proposal to create a register of judicial interests for members of Scotland's judiciary. The proposal has been investigated by the Scottish Parliament for five years, there is wide support for the register, from cross party msps to the media to both Judicial Complaints Reviewers.
The Petition will next be heard on Thursday 7 December 2017 where the Public Petitions Committee will be asked to consider taking evidence from Baroness Hale, President of the UK Supreme Court, and to seek further evidence on the operation of Norway’s Register of Judicial Interests.
Previous articles on the lack of transparency within Scotland’s judiciary, investigations by Diary of Injustice including reports from the media, and video footage of debates at the Scottish Parliament’s Public Petitions Committee can be found here : A Register of Interests for Scotland's Judiciary.
Will be interesting to spot which members of the Justice Committee harp on about how lovely the judiciary are and why no one should dare to ask for transparency in our courts.
ReplyDeleteAlso I would like to say this petition should go back to the Petitions committee if the Justice committee take a bow and an envelope from the judiciary to kill it off.
Seriously SIX years is far too much work and effort for any committee to throw away and high time this was made law.
Good luck Peter and thanks for all the work you have done on this petition.
Very much agree with Moi Ali about judges having to fall into line with everyone else and register their interests although before your petition I always thought the law required judges declared their interests.Clearly I was wrong and I have to say the debate took quite a sinister turn when Gill and Carloway turned on you for bringing the petition to the parliament.Whenever it was that Gill gave his evidence 2016 or 2016 I realised watching the video clip your register for judges must exist.
ReplyDeleteI cannot think of one single reason not to have a register of judges interests
ReplyDeletewas looking through the Justice committee msps and noticed Rona Mackay from the Petitions committee is now deputy convener also Maurice Corry the msp who tried unsuccessfully to shut down your petition is a substitute member!
ReplyDeletehttp://www.parliament.scot/parliamentarybusiness/CurrentCommittees/justice-committee.aspx
Members
Margaret Mitchell (Convener)
Rona Mackay MSP (Deputy Convener)
John Finnie MSP (Member)
Jenny Gilruth MSP (Member)
Daniel Johnson MSP (Member)
Liam Kerr MSPLiam Kerr (Member)
Fulton MacGregor MSP (Member)
Liam McArthur MSP (Member)
Shona Robison MSP (Member)
Substitute members
George Adam MSP
Maurice Corry MSP
Mary Fee MSP
Patrick Harvie MSP
Tavish Scott MSP
How come BBC and BBCScotland are probably the only news organisations in the entire country not to cover this story or anything related to judges failing to declare their interests?
ReplyDeleteA very odd yet very determined policy of not reporting any of these events.Tells you a lot about dishonesty in the BBC.
BBC fake news teams must have some spite against you and the Petitions Committee to avoid any coverage of all this debate!
Remember Peter today was the start of the new legal year and Carloway gave his annual speech on how fantastic the courts and judges are in their jobs http://www.scotland-judiciary.org.uk/26/2061/Opening-of-the-Legal-Year-2018-19
ReplyDeleteBe careful some pocketed msp tomorrow doesnt make an attempt at closing of your petition a gift to his Presidentness Carloway and that's not even his real name
Good luck and keep us all informed as I am sure you will!
It is long past the time when this petition should have been made law.
ReplyDeleteThe judiciary have now had six years to hide any ill-gotten gains!
Good point about the BBC lack of coverage 1 year would have been considered as ignorance 6 years of no coverage is obviously on purpose
ReplyDeleteDespicable
Good to see progress again after SIX YEARS!
ReplyDeleteOnly in Scotland would it take SIX YEARS for something to be done about a petition about transparency of judges and courts!
Will John Finnie be doing his bit as a Fed rep or an msp?
ReplyDeleteDifficult to separate the two eh John
As they say once in never out
Fed to the uninformed = Scottish Police Federation
Yours
A good former copper
I find it a little confusing to read of the success at the Public Petitions committee then to read of the options listed by the justice committee which include closing the petition because they feel like it.
ReplyDeleteWhose side are Scottish politicians on when they come up with such drivel?
Little wonder Scotland has been at a standstill since 1999.
I wonder what this man is saying about your petition to msps
ReplyDeletePay attention to this part "He is a Director of the Society with responsibility for Law Reform, Legal Aid and Parliamentary issues"
Mr Clancy told my msp to stop helping me with a case and it was my msp who told me this so it must be true.
http://communities.lawsociety.org.uk/michael-clancy/7619.bio
Michael Clancy graduated from the University of Glasgow in 1979 taking an LL.B degree and in 1985 taking an LL.M degree.
In 1987 he graduated LL.B (Hons) from the University of London.
He is a solicitor and Notary Public.
After qualification as a solicitor in private practice he had attained a partnership with the Glasgow firm of Franchi Wright & Co.
He resigned this partnership in 1988 to become a Deputy Secretary of the Law Society of Scotland.
He is a Director of the Society with responsibility for Law Reform, Legal Aid and Parliamentary issues.
He has published widely on a range of legal topics. He is a member of the International Bar Association Council and a number of International Bar Association Committees, and is Secretary of the United Kingdom Notarial Forum. Mr. Clancy was awarded an O.B.E. in the Queen’s Jubilee Birthday Honours List in June 2002.
And all done without Which Magazine, The Scottish Consumer Council or the Scottish Human Rights Commission lifting a finger to help - all 3 are a complete waste of space.
ReplyDeletehttps://www.youtube.com/watch?v=5HumhayvBUU
ReplyDeleteHi Peter this is on topic as far as power is concerned and shows what you and I already know, interesting speech.
What these Judges have being doing to Scotland is what the global elite are doing with neoliberlaism. Total domination is their aim. Power serves the powerful. The judges are owned by being bought off hence their horror at a register, pure bastards.
ReplyDeleteMr. Clancy was awarded an O.B.E. in the Queen’s Jubilee Birthday Honours List in June 2002...........yes reward the dominators when it should go to brave men like the british divers in the Thai Cave Rescue.
ReplyDeleteListened to the Justice Committee hearing and I am afraid the Scottish Public is in for another several years of needless procrastination and stubborn delay by 'Nikla' and her Law Society cronies.
ReplyDelete