Friday, May 24, 2019

COPY MINISTER: ‘Copied’ content from ex Minister sent by Justice Secretary Humza Yousaf to Holyrood MSPs - Public must rely on judges judging judges for transparency, Scottish Government will not create register of judges’ interests

Judges should judge judges – Minister. SCOTLAND’S Justice Secretary – Humza Yousaf – has told Holyrood’s Justice Committee that judges should be allowed to judge themselves, and the public must rely on judicial oaths & ethics – written and approved by the judiciary - instead of transparency in courts.

The Justice Secretary’s letter of 3 April to Holyrood MSPs, which was released only late last week – also states the Scottish Government will not create a register of judicial interests in response to the widely supported Petition PE1458: Register of Interests for members of Scotland's judiciary.

However, it has emerged Humza Yousaf’s letter of April 2019 - is almost a duplicate of a letter sent in April 2014 by Kenny MacAskill during his time as Justice Secretary.

The recent letter from Mr Yousaf to Margaret Mitchel MSP – Convener of the Justice Committee, effectively re-states the Scottish Government’s refusal to create a register of judges’ interests.

Mr Yousaf also claims in his letter that “no further evidence has been provided to the Justice Committee that strengthens the arguments already put forward in favour of the introduction of the register.”

However, recent submissions to the Justice Committee including accounts of serving Scottish judges swearing dual oaths for high earning judicial posts in Qatar, Abu Dhabi and other Gulf States point to substantial new evidence submitted to MSPs, backing up the need for a full register of judicial interests.

Clerks to the Justice Committee were quizzed on the content of Mr Yousaf’s claims in relation to no new evidence.

In response, a Justice Committee clerk told the petitioner: “Your submission was publicly available to the Scottish Government to refer to, before the Cabinet Secretary provided the letter dated 3 April”

It has also emerged the Lord President – Lord Carloway, and others including the Law Society of Scotland, Faculty of Advocates, Crown Office and others have refused to engage with the Justice Committee’s call for views on creating a register of judges’ interests.

A clerk for the Justice Committee informed the petitioner: “Before the Committee last considered your petition on 5 February, clerks approached those who have previously given evidence to the Public Petitions Committee to ask if they had anything to add to their previous submissions.”

“We approached the Lord President, the Crown Office and Procurator Fiscal Service, the Law Society of Scotland, the Faculty of Advocates, the Scottish Courts and Tribunals Service and the Judicial Complaints Reviewer. Only the Scottish Courts and Tribunals Service responded, stating that they had nothing to add”

Mr Yousaf’s letter of 3 April 2019 to the Justice Committee reads as follows:

Thank you for your letter of 20 February seeking my views on the above petition and whether it remains the Scottish Government’s position that a register should not be introduced.

I have given consideration to the matter and I don’t think it is necessary to establish a register of interests. I share the views of both of my predecessors that there are sufficient safeguards in place to ensure the impartiality of the judiciary.

These safeguards are the judicial oath, the statement of principles of judicial ethics and the various rules made under the Judiciary and Courts (Scotland) Act 2008 which concern complaints about the judiciary and judicial conduct.

I note that no further evidence has been provided to the Justice Committee that strengthens the arguments already put forward in favour of the introduction of the register.

However, the “the various rules made under the Judiciary and Courts (Scotland) Act 2008 which concern complaints about the judiciary and judicial conduct” – which include the post of Judicial Complaints Reviewer – remain unchanged since Scotland’s first JCR – Moi Ali gave evidence to the Public Petitions  Committee during 2013.

And, during her time as Judicial Complaints Reviewer – Moi Ali requested increated powers from the Scottish Government – to give the office of JCR a more formidable and independent oversight role on complaints against judges – only to be turned down by the then Justice Secretary - Kenny MacAskill.

The request by Moi Ali to increase powers of the Judicial Complaints Reviewer ws reported here: Scottish Government urged to give more powers to Judicial Complaints Reviewer as MSPs hear lack of judicial scrutiny undermines public confidence in justice system

An earlier letter of 22 April 2014 from Kenny MacAskill – who was Justice Secretary from 17 May 2007 until ‘stepping down’ sacked from the post on 21 November 2014 - to David Stewart MSP – then Convener of the Public Petitions Committee reads as follows:

Thank you for your letter of 6 March 2014 regarding the above Public Petition. I apologise for the delay in responding.

You ask whether the Scottish Government will review its position on whether members of the judiciary ought to register their interests. I note the evidence the Committee has gathered on this issue and, in particular, the arguments presented by the Judicial Complaints Reviewer (JCR) that a register of interests would increase transparency and public trust in the judiciary.

The JCR considers that there is merit in a register of interests for members of the judiciary. I do not think it necessary to establish such a register. I continue to be of the view that there are already sufficient safeguards in place to ensure the impartiality of the judiciary.

These have been set out in previous correspondence and comprise the judicial oath, the Statement of Principles of Judicial Ethics and the rules made under the 2008 Act. I do not consider that the case has been made that these existing safeguards are not effective.

It is of note, that after being kicked from the post of Justice Secretary – Kenny MacAskill ended up on the same Public Petitions Committee which was considering the petition calling for a register of judicial interests.

And, during a hearing of the Petitions Committee on 1 December 2015 – MacAskill – by now devoid of Ministerial rank – suggested calling the new Lord President - who was yet to be publicly identified at the time due to the appointments process - but was known to be Lord Carloway (Colin Sutherland)

The post of Lord President – with a salary of £220K per year - became vacant after Lord Brian Gill unexpectedly walked out of the top judicial post in May 2015 – giving only 30 days notice he intended to quit.

The 1 December 2015 hearing was reported in more detail here : EVIDENCE, M’LORD: Scotland’s next top judge to be asked to give evidence in Scottish Parliament’s probe on secretive world of undeclared judicial wealth, interests & judges' links to big business

Video footage of Mr MacAskill at the Public Petitions Committee in that meeting can be found here:

Petition PE1458 Register of Interests for Judges Public Petitions Committee Holyrood 1 Dec 2015

Judiciary (Register of Interests) (PE1458) 1 December 2015

The Convener: Our next petition is PE1458, by Peter Cherbi, on the creation of a register of interests for members of Scotland’s judiciary. Members have a note on the committee’s previous consideration of the petition and the submissions from the petitioner.

Do members have any comments?

Kenny MacAskill: We have heard from the previous Lord President and I think that we should hear from the new Lord President, whoever he is likely to be—I do not think that there is a “she” on the shortlist. That appointment is likely to be made in the next week or so, so there is still time for him to appear before us.

The Convener: In that case, we will write to the new Lord President, as we said that we would.

Decision: The Committee agreed to write to the new Lord President once appointed.

PETITION – A REGISTER OF JUDGES’ INTERESTS

The Scottish Parliament’s Justice Committee are currently investigating calls for a probe of Judicial Recusals, as part of their work on considering 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.

Previous articles on the lack of transparency within Scotland’s judiciary, investigations including reports from the media, and video footage of debates at the Scottish Parliament’s Public Petitions Committee and Justice Committee work in  relation to creating a Register of Judges’ Interests - can be found here : A Register of Interests for Scotland's Judiciary.

14 comments:

Anonymous said...

The same dishonesty and deceit whoever is in the ScotGov justice job

Anonymous said...

“We approached the Lord President, the Crown Office and Procurator Fiscal Service, the Law Society of Scotland, the Faculty of Advocates, the Scottish Courts and Tribunals Service and the Judicial Complaints Reviewer. Only the Scottish Courts and Tribunals Service responded, stating that they had nothing to add”

See all the rotten and corrupt legal establishment mafia hanging together in silence

You can bet they have all been lobbying in the background to delay and kill off your petition by any means possible

Filthy and corrupt our judiciary and politics we now know by the seven years this lot of msps are taking to bring your register to law

Anonymous said...

poor little Kenny sacked by Scotland's worst ever and most vile First minister even worse and more vile than what she replaced

did he decide to cause trouble by asking for Carloway to speak but only after he was sacked and reduced to being on a committee

oh well careers always have to end dont they now Kenny

Peter please careful the SNP nasty government dont set their nazi saluting supporters on you for bringing all this out in the open these people are the worst ever in power and are actively encouraging their scum to burn down their enemies homes and offices its been all over the papers this week councillors and anyone who raises an eyebrow against them are obviously on a nat hit list and the collaborating police and judges will make sure no one is brought to justice for doing it

Anonymous said...

as I suspected only after Sturgeon threw him out does MacAskill tell us what the SNP are really like and not forgetting the nasty nutters and creeps in the cabinet organising nazi rallies around the country

funny how the cops and creepy judges are giving them a pass on public disorder cases and crime eh

https://www.scotsman.com/news/politics/macaskill-ruthless-snp-will-shield-nicola-sturgeon-at-all-costs-1-4854260

MacAskill: Ruthless SNP will shield Nicola Sturgeon at all costs
Scott Macnab
Published: 06:00 Thursday 10 January 2019

An inner circle of hardliners surrounding Nicola Sturgeon are “driving out” anyone who threatens to damage the SNP leader’s public reputation, former justice secretary Kenny MacAskill writes in today’s Scotsman.

In his opinion column, Mr MacAskill calls into question the party’s treatment of Alex Salmond over his sexual harassment case, accusing senior figures of a “prejudicial and unfair” approach in order to protect the current First Minister. 
Mr MacAskill was at Mr Salmond’s side in the Court of Session in Edinburgh this week as the former SNP leader won a dramatic victory against the Scottish Government over its handling of a sexual harassment inquiry into accusations against him.

The former justice minister is one of Mr Salmond’s closest political allies and his intervention in The Scotsman today will further inflame the deteriorating relations between Mr Salmond and Ms Sturgeon.

“It now seems that, for a coterie surrounding the SNP leadership, not one blemish must be allowed to be cast upon the party leader and First Minister,” Mr MacAskill writes.

“She is to be whiter than white and the SNP purer than the driven snow. Misconduct will not be tolerated and any who might taint her are to be driven out, whether by leaks to the press or overt actions.”

Mr Salmond has demanded an inquiry into leaks about details of his case which emerged in the press and believes these came from inside the Scottish Government.

There are now questions for senior figures in the SNP to answer over the pattern which has emerged for turning on party figures who are seen to have transgressed, Mr MacAskill added.

“Some in senior positions within the SNP are now getting form for being judgmental, if not injudicious, and certainly downright prejudicial,” he states.

“Besides Alex Salmond, there have been the cases of Mark McDonald and Michelle Thompson.”

https://www.heraldscotland.com/news/17349873.kenny-macaskill-nicola-sturgeon-puritans-hurting-snp/

11th January
Kenny MacAskill: Nicola Sturgeon puritans hurting SNP
By Tom Gordon Scottish Political Editor

TWO former cabinet ministers who served under Alex Salmond have rallied to his aid, adding to the strain on Nicola Sturgeon and exposing the internal divisions in the SNP.

Former Justice Secretary Kenny MacAskill claimed a puritanical inner circle were “driving out” anyone seen as a threat to the First Minister.

Mr MacAskill, a frequent critic of the running of the SNP under Ms Sturgeon’s husband, chief executive Peter Murrell, attacked a misguided “coterie” around the party leader.

Writing in the Scotsman, he said: “Not one blemish must be allowed to be cast upon the party leader and First Minister.

“She is to be whiter than white and the SNP purer than the driven snow. Misconduct will not be tolerated and any who might taint her are to be driven out.”

Anonymous said...

LOL

Humza Yousaf says "I have given consideration to the matter and I don’t think it is necessary to establish a register of interests. I share the views of both of my predecessors that there are sufficient safeguards in place to ensure the impartiality of the judiciary."

How much consideration do you think he gave it? a minute?

This guy cant even consider if he has car insurance to drive - remember he was convicted of driving without insurance while Transport Sec and got off remarkably easy with a small fine.

Is this now favour time for the judicial mafia giving him a wee ticket?

Anonymous said...

I like your record keeping Peter with the references and video of MacAskill on the same Petitions Committee considering your petition!
Fantastic work!

Anonymous said...

He is just a front for Sturgeon and has to do as he is told
remember no one is allowed free thought or free will in the Sturgeon National Party

Anonymous said...

Judges judging judges!

This is totally unfair and most certainly CORRUPT

Anonymous said...

"Mr Yousaf also claims in his letter that “no further evidence has been provided to the Justice Committee....."

Even if true, which it is not, none is needed as the case is already overwhelmingly supported by evidence and a parliamentary debate in favour of the introduction of the Judicial Register of Interests.

Anonymous said...

What a crawler.

As I predicted, just another 'Yes' man.

The SNP are a joke, and I am sure if more of its supporters were aware of this travesty they would lose a significant proportion of them.

Revealingly the lamestream media, BBC etc, remain deafeningly quiet on the subject.

Anonymous said...

brill story you really made a fool out of that thick justice minister

Anonymous said...

Ask Humza Yousaf what he was doing in Qatar - it was so dirty and full of Qatar dirty cash the corrupt Scottish Government kept it secret

Big envelopes probably and would not be surprised if some of the judges were involved to smooth the path for the dirty billions to dirty nats

https://www.dailyrecord.co.uk/news/scottish-news/revealed-msps-kept-silent-human-7548439

Revealed: MSPs kept silent on human rights abuses while seeking £1.3bn for new hospitals and motorways from Qatar

THE full extraordinary details of International Development Minister Humza Yousaf’s mission to the Gulf state can be revealed today.

By Billy Briggs

13 MAR 2016

THE Scottish Government kept silent on human rights abuses while seeking £1.3billion to pay for new hospitals and motorways from Qatar.

The full extraordinary details of International Development Minister Humza Yousaf ’s mission to the Gulf state can be revealed today.

He failed to mention the slave conditions of migrant workers working on construction projects for the 2022 World Cup, as he appealed for funding for a string of high-cost projects.

Yousaf was told by officials to highlight a shopping list of multi-million pound “investment opportunities” during the trip in May 2013.

They included £415million for M8, M73 and M74 motorway improvements and £450million for the Aberdeen Western Peripheral Road.

He was briefed that his approach for a meeting with Qatar’s ruler at the time, Sheikh Hamad Bin ­Khalifa Al Thani, should be that the Gulf state had “great potential” to help Scotland’s economy.

The revelations by news website The Ferret sparked condemnation from the Scottish trade union movement.

STUC assistant secretary Helen Martin said: “The Scottish Government’s commitment to fair work and human rights cannot stop at the border.

“Qatar is a state that is built on slavery and abuse and it is completely illegitimate to do business with them and profit from this slavery.”

A Sunday Mail investigation two years ago exposed horrific conditions suffered by workers on infrastructure projects for the 2022 World Cup.

We revealed how young labourers were dying from heart attacks and heat exhaustion in temperatures topping 40C.

Yousaf represented the Scottish Government at the Doha Forum in Qatar from May 20-22, 2013.

A 127-page briefing pack prepared by officials for his visit was released under freedom of information in February.

In addition to the road projects, Qatar’s oil money was also sought for a £200million hospital in Dumfries, a £150million Sick Kids Hospital in Edinburgh, a £45million mental hospital in North Ayrshire and a £37million blood transfusion centre in Edinburgh.

The briefing pack includes a Foreign Office memo that briefly alludes to the rights of migrant workers but the subject did not make it to the agendas for Yousaf’s meetings with Qatari leaders.

The pack was obtained by Labour MSP Neil Findlay, a critic of the Scottish Government’s links with Qatar.

He said: “This document clearly shows the Scottish Government sending out its smooth young salesman to do a Dragons’ Den-style pitch for Qatari cash.

“We have moved from the Government making a pitch for investment in renewables to asking for money to pay for our essential public services.”

The Scottish Government said it is “firmly committed to acting as a good global citizen and stands against human rights abuses wherever they exist.”

It added: “Mr Yousaf has taken several opportunities to engage constructively with Qatar on human rights – including at several points during a visit to Qatar and the UAE last year.

“He made a speech in the UAE calling on Arab States to comply with international law and
condemn human rights abuses – specifically mentioning migrant workers’ rights.”

They declined to say whether Qatar had invested in any public sector work in Scotland.

Anonymous said...

Qatar money for the SNP and Humza Yousaf

The same countries funding the war in Syria ISIS terrorists and murder of women and children in Yemen and other little wars springing up at the behest of the UAE and co

Yes you can see why the blood money SNP Scottish Government of mad Nicola Sturgeon and Alex Salmond in the background will cuddle up to murdering dictators and warmongers and bankers to terrorists

Doubtless many pockets lined in those secret meetings while the SNP begged for blood money to fund their dreamland independent Scotland built on murdered children in foreign lands.

Scotland never changes does it no matter who is in charge and as your other commenters are saying the judges are backing all this up and probably not too far away from these secret deals and meetings to give the plans some kind of legal backing and in return judges get a soft touch at home to do as they want makes sense and fits in with your seven year petition trek

Anonymous said...

last comment on the Qatar Humza Yousaf visit while I agree with what you say dont forget Westminster and the Tories are draped in warmongering Qatar Gulf states blood money too so in reality none of them are any good and Cherbi posted a video on twitter tonight of an ex military type Tory msp trying to close down this petition you need to watch how casual this guy is in wanting to close down on judges register