Friday, February 28, 2020

JUDGES MUST DECLARE: Holyrood Justice Committee back cross party supported proposal to require Scotland’s judges to declare all financial interests and other links in a publicly available register of judicial interests

Justice Committee issues backing for Judicial Register. A CROSS-PARTY supported proposal to require all members of Scotland’s near 700 strong judiciary to declare and register their financial interests, links to big business and other connections has moved a step closer after MSPs declared their support for Petition PE1458: Register of Interests for members of Scotland's judiciary

The Justice Committee published a letter from Margaret Mitchell MSP, Convener of Holyrood’s powerful Justice Committee to Scotland’s top judge Lord Carloway – in which Ms Mitchell states: “After this evidence session and a previous one, the Committee is minded to support the principle behind the petition of a judicial register of interests as it has yet to hear a convincing case against.”

The cross party backed judicial register petition 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.

Support from the Justice Committee to advance the judicial transparency proposal - comes after six years of investigation by the Scottish Parliament’s Public Petitions Committee – who unanimously backed the petition in the face of strong resistance from Scotland’s judiciary, and two years of work by the Justice Committee - who have now gone on the record with their support for a publicly available register requiring all judges in Scotland to declare their interests - in the same way all members of the Scottish Parliament declare their interests.

While in theory, all UK judges including Scotland’s judiciary have a duty to declare all relevant interests in cases they hear in court, a number of serious cases have come to light via media investigations – revealing judges are routinely failing to declare key interests – even when their own family members are before them in court.

In one serious example of a failure to declare interests, Lord Malcolm (real name Colin Campbell QC) heard a damages claim EIGHT TIMES while his own son – Ewen Campbell – represented the defenders in the same court.

The case involving Lord Malcolm generated significant interest as it was not just any ordinary case – it was an appeal linked to a multi million pound damages claim involving defenders represented by a then serving member of the judiciary – (now former Sheriff) Peter Watson - who was later suspended for a record three years plus over his links to a £28M writ involving the £400M Heather Capital Hedge Fund collapse - and then resigned in 2019.

The investigation into the Lord Malcolm case of serious failures to declare conflicts of interest,  is reprinted here: CONFLICT OF INTEREST: Papers lodged at Holyrood judicial interests register probe reveal Court of Session judge heard case eight times - where his son acted as solicitor for the defenders

A number of other cases where judges failed to recuse have also come to light, and cases where the Judicial Office failed to publish recusals – including at least one hearing involving Lord Bracadale (real name Alistair Campbell) - were drawn to the attention of the Public Petitions Committee during their long six year investigation of the proposal calling for a register of judicial interests.

An investigation revealing the Judicial Office altered the Register of Judicial Recusals - one year after Lord Bracadale recused from a case – and only after journalists questioned the Judicial Office on the omission, can be found here: 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

The full letter from Margaret Mitchell, Convener of the Justice Committee – to Lord Carloway - was published by the Justice Committee as follows:

Dear Lord President,

Petition 1458 - Proposal to establish a register of judicial interests

I write regarding the above Petition which the Justice Committee considered on 19 November. After this evidence session and a previous one, the Committee is minded to support the principle behind the petition of a judicial register of interests as it has yet to hear a convincing case against.

The Committee thanks you for your letter of 23 August 2019 on this subject. However in light of the above, members agreed it wanted to give you the opportunity to relate your views, in person, as to why a register of judicial interests should not be established.

I should be grateful, therefore, if you would indicate whether you, or a representative of the Judicial Office, would be willing to give oral evidence on the petition in the New Year. If so, in order to move forward. I would be grateful if your officials would contact the Justice clerks to discuss a mutually convenient date.

Finally it would be extremely helpful if you would provide further details on your views of what would be involved in establishing such a register and whether this would require primary legislation or could be achieved by some other means through the powers that you have as Lord President.

I look forward to your response. Best wishes,

Margaret Mitchell MSP Convener, Justice Committee

While Scotland’s judiciary have conducted an eight year resistance to proposals to make the judiciary as transparent as elected politicians, other jurisdictions such as Norway, the USA, and other countries have oeprated registers of judicial interests and requirements on judges to publish their financial reports without any issues.

In Norway, judges must complete a register of interests listing honorary posts, investments, memberships of political parties, companies, religious communities and charities among others.

The Norwegian model of judicial interest disclosure was hailed by the Public Petitions Committee as model for Scotland’s judges to follow.

More on Norway’s register of judges’ interests can be found here: NORWAY, M’LORD: Judicial interests register of Norway cited as example to follow for Holyrood MSPs six year investigation to create a register of judges’ interests in Scotland

After hearing evidence from Scotland’s first Judicial Complaints Reviewer (JCR) – Moi Ali in a hearing last November, the Justice Committee have also invited Lord Carloway to attend Holyrood to face further questions on his opposition to judicial transparency.

During that hearing in November, and in response to a question from MSP Shona Robinson on concerns raised by Lord Carloway of difficulties in hiring judges – Moi Ali said: “If a lawyer were put off by having to be open and transparent, that would raise questions about their suitability to be a member of the judiciary.”

Video Footage of this exchange can be found here:

Moi Ali - Judicial interests register will not deter judicial candidates - Justice Committee 19 November 2019

A full report on the Justice Committee evidence hearing with Moi Ali on 19 november 2019 can be found here: JUDICIAL REGISTER: Ex-Judicial Investigator responds to top judge’s claims a register of judges’ interests may affect judicial recruitment – “If a lawyer were put off by having to be open and transparent it does raise questions about their suitability to be members of the judiciary”

Earlier, in September 2013, and during the term of her office as Judicial Complaints Reviewer - Moi Ali gave evidence to the Scottish Parliament’s Public Petitions Committee, and supported calls for the creation of a register of judicial interests. The hearing is reported in more detail along with video footage of the 2013 evidence session here: Judicial Complaints Reviewer tells MSPs judges should register their interests like others in public life.

EIGHT YEAR JUDICIAL INTERESTS PROBE:

The judicial register petition - first debated at the Scottish Parliament’s Public Petitions Committee in January 2013calls for the creation of a publicly available register of judicial interests.

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 lengthy Scottish Parliament probe on judicial interests has generated over sixty two submissions of evidence, at least twenty one Committee hearings, a private meeting and fifteen speeches by MSPs during a full Holyrood debate and has since been taken over by Holyrood’s Justice Committee after a recommendation to take the issue forward from the Public Petitions Committee in March 2018.

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.

The Scottish Parliament’s Justice Committee has backed calls for further work on the judicial interests register during at least THREE further Holyrood hearings, including the latest hearing from June 2019, reported here: JUDICIAL REGISTER: Justice Committee to hear evidence from ex-Judicial Investigator, top judge on judicial interests register, MSP says Scottish judges should not be involved with Gulf States implicated in unlawful wars, mistreatment of women's rights

A report on the Justice Committee’s consideration of the Judicial Interests Register Petition in May 2019 can be found here: JUDICIAL REGISTER: Justice Committee investigate approach to judges’ interests in other countries – MSPs say ‘Recusals register not comprehensive enough’ ‘Openness & transparency do not contradict independence of the judiciary’

A report on the Justice Committee’s consideration of the Judicial Interests Register Petition in February 2019 can be found here: JUDICIAL REGISTER - MSPs urged to take forward SEVEN year petition to create a Register of Judges’ Interests as Holyrood Justice Committee handed evidence of Scottish Judges serving in Gulf states regimes known to abuse Human Rights

TWO TOP SCOTS JUDGES FAIL IN HOLYROOD JUDICIAL TRANSPARENCY PROBE:

Both of Scotland’s recent top judges failed to convince MSPs that a register of interests is not required for judges – even after both Lord Presidents attempted to press home the existence of judicial oaths and ethics – which are both written, and approved by – judges.

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

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.

Thursday, February 27, 2020

JUDICIAL REGISTER: Evidence to MSPs urges probe of Scots Judges in Gulf States - Scottish Parliament Justice Committee urged to move forward on EIGHT YEAR cross party backed petition to create a Register of judges’ interests

MSPs consider evidence on judicial register. THE Scottish Parliament’s Justice Committee have been urged to progress a cross party backed eight year petition calling for the creation of a Register of judges’ interests Petition PE1458: Register of Interests for members of Scotland's judiciary

A submission of evidence from the petitioner - published by the Justice Committee – also reveals there are questions over the lack of recusals by Justices of the Peace – who were deliberately excluded from a Register of Recusals created in 2014 as a result of the Public Petitions Committee’s hearings on the petition.

Responding to an earlier letter from Scotland’s top judge – Lord Carloway - the petitioner highlighted the Lord President’s inability to address issues of Scottish judges serving in the Gulf States – a subject which drew harsh criticism from Justice Committee members at an earlier meeting – reported here: JUDGE THE JUDGES: Seven years, and one year on from petition passed to Justice Committee, questions on judicial conflicts of interest & Scots judges swearing dual judicial oaths in Gulf States - time to move forward on legislation for register of judges’ interests

An investigation by journalist Russell Findlay revealed Scottish judges were serving in Abu Dhabi & UAE courts - while serious Human Rights abuses were taking place against British citizens in the same countries.

The investigation also reveals how Scottish and UK judges are lured to the UAE, Abu Dhabi, and Qatar with big money salaries are available here: JUDGES FOR SALE: Special investigation into top lawmen being lured with big money jobs in Qatar and the UAE and here: Scottish judges slammed for being on payroll of oppressive regimes abroad

The letter from Scotland’s top judge – Lord Carloway (real name Colin Sutherland) to the Justice Committee – also revealed the Lord President had refused to appear before the Justice Committee to give evidence, and went on to demand he be told of any questions in advance before he even consider the issue.

Lord Carloway’s letter to MSPs was reported in further detail here: Scotland's top judge complains Holyrood judicial transparency probe prevents him recruiting judges - refuses Justice Committee invitation to give evidence in cross-party backed Eight year register of judges' interests investigation

Petition PE1458 Register of Interests for Scotland's Judiciary

Given the submission from Lord Carloway dated 23 August 2019 has only recently been published, I would like to name a number of observations in this submission to the Justice Committee.

I would observe Lord Carloway does not address important issues raised with the Justice Committee in relation to serving members of Scotland's judiciary holding judicial positions in the UAE and other States with poor Human Rights records.

Noting comments from member John Finnie MSP in relation to this matter, and the facts presented to the Committee in my previous submissions along with media coverage, I recommend members pursue this matter to the fullest extent, given this is a very clear issue where a register of judicial interests would, and should include such service - where members of Scotland's judiciary are swearing judicial oaths in countries condemned by rights organisations for multiple Human Rights abuses.

To address the remaining points in Lord Carloway's letter, the Justice Committee will be aware from previous work and evidence taken by the Public Petitions Committee that former Lord President refused at least two invitations to give evidence to MSPs, and only attended the Petitions Committee on November 2015, some six months after his retirement as Lord President.

Lord Carloway's evidence to the Public Petitions Committee took place on 29 June 2017. I would highlight my previous submission to the Petitions Committee of 4 September 2017  and media coverage provided to the Petitions Committee in relation to that hearing.

I feel it appropriate to request members of the Justice Committee watch the video coverage of Lord Carloway's evidence of 29 June 2017 to the Public Petitions Committee, and pay particular attention to Lord Carloway's responses to MSP Alex Neil - Lord Carloway evidence on Register of Judges interests Petitions Committee Scottish Parliament 29 June 2017

I note Lord Carloway states it is unfortunate this issue is being raised by the Justice Committee at a time during which he is seeking to recruit more members of the judiciary.

The statistics of Scotland's judiciary, often difficult to obtain and varying, depending on what the Judicial Office publish, indicate there are currently between 650 - 700 members of the judiciary in Scotland.

A handful of judges, around seven - are already required to declare their interests in the standing register of interests for the Scottish Courts & Tribunal Service Board.

The limited disclosure of the seven judges, and non-judicial members are included in the SCTS Annual report, published each year.

A further limited disclosure of financial shareholdings of SCTS Board members, is available via a Freedom of Information request, which I have submitted to the Justice Committee along with this written submission.

This leaves the bulk of Scotland's judiciary who are not declaring anything, no interests, no financial disclosures, nothing - other than a short biography for a select few judges.

As a result of this petition there is now a Register of Recusals - which has existed since April 2014 and now holds over 180 recusals of members of the judiciary and tribunal members - on varying grounds which in itself, does confirm and bolster the need for a full register of judicial interests.

There are however, problems with the Register of Recusals - as some recusals are not being made and some are not being listed. Notably, Lord Carloway's explanation to the Public Petitions Committee in regard to unpublished and omitted recusals should be looked at further.

I also ask Committee members to note - there is not one recusal from a Justice of the Peace in the entire Register of Recusals.

Given there are some 450 Justices of the Peace in Scotland, and taking into account the recusal statistics from other branches of the judiciary - from Sheriffs, to Court of Session Senators and Tribunal members, the lack of recusals from JPs are a matter of concern and should be investigated further.

I recommend members of the Justice Committee read my submission of 29 November 2017 to the Public Petitions Committee, which contains important information on the Register of Recusals.

On a further matter of judicial appointments to which Lord Carloway raises, I would recommend members of the Committee read published revelations in the book "Acid Attack" @acid_book by journalist Russell Findlay @RussellFindlay1

In one example of a judicial appointment, contained in the Acid Attack book, are substantiated references to Lord Carloway's appointment of a full-time sheriff - a year after the Sheriff's troubling conduct in relation to organised crime criminal clients.

I recommend the Justice Committee request evidence from journalist Russell Findlay, who has written extensively on matters related to the judiciary and justice issues in Scotland.

Of further note to the Justice Committee should be Lord Carloway's swift appointment of former Lord Advocate Frank Mulholland - direct from the position of Lord Advocate to the judicial bench, and a position as a Senator of the Court of Session.

Clearly, in anyone's mind - making a top prosecutor a top judge in an instant - creates the possibility of voluminous conflicts of interest - particularly in the instance of Mr Mulholland - who stood with Lord Carloway on the Scottish Government's move to remove the use of "corroboration" from Scots Law - the instance where evidence must be validated by two independent sources. It is of note the Justice Committee heard evidence from both Lord Carloway & former Lord Advocate Mulholland on this issue, and concluded it should not go ahead.

However, we are now in a situation where Scotland's former top prosecutor is a top judge. Clearly yet another example of why a register of judicial interests for all members of the judiciary - should exist.

I previously provided evidence to the Public Petitions Committee of the instance where, as members will be aware from media coverage - the Lord Advocate's wife - who is also a judge - was scheduled to hear a damages claim involving her husband - the Lord Advocate.

Clearly, a register of judicial interests for all members of the judiciary would help to inform litigants, court users, legal representatives and the public of such clear conflicts of interest, rather than leaving it to the last minute in a court hearing to realise the judge is related to one of those being sued in court.

I also recommend members of the Justice Committee read two fresh reports in relation to the petition's aim of creating a register of judicial interests, and - reports of Scottish judges serving in the UAE - which have been previously commented upon by Committee members prior to publication of these news reports on Scottish Television (STV), here: Judging for ourselves if conflict of interest in courts  and here Scots judges facing pressure to declare their interests

A 75 second Video report relevant to this petition, and information of interest to the Justice Committee can be found on STV Twitter feed here: STV News - Register of Judges Interests

This petition is now in its eighth year, and has been with the Justice Committee for over a year, after the Public Petitions Committee agreed to support the petition in May 2018 after six years of evidence.

The evidence accumulated by the Public Petitions Committee, and the hard work of MSP members past and present of the Public Petitions Committee is as fresh today as when it was taken during the PPC's extensive deliberations on this petition.

That work, including the evidence of all who gave it, and Public Petitions Committee members efforts to keep this issue alive, in the realisation members of the judiciary should declare their interests, and that there is no valid argument against a register of judicial interests, is to be commended, and therefore should be carried through to the creation of a register of interests for all members of Scotland's judiciary.

A list of evidence accumulated by the Public Petitions can be found on the Public Petitions Committee link here Public Petitions Committee - Register of Judicial Interests  and within the files of the Petitions Committee in relation to copies of media coverage & related issues brought to the attention of it's members.

Evidence gathered by the Public Petitions Committee includes:

Extensive written submissions of evidence (over 62 written submissions) across 25 hearings of the Public Petitions Committee,

Evidence from Cabinet Secretaries,

Evidence from one Lord President and one retired Lord President,

Key evidence from Scotland's first Judicial Complaints Reviewer Moi Ali, and supporting evidence from Judicial Complaints Reviewer Gillian Thompson.

Evidence from law academics,

A full debate which took place in the Scottish Parliament in October 2014 - which concluded with members from all parties supporting the petition,

Multiple media reports on the petition and reports in relation to the judiciary - including undeclared conflicts of interest -

And a clear public interest and public expectation of transparency in court in this petition being brought into legislation to enable court users, the public, legal representatives of litigants, the media and politicians to see that the judiciary is held to the same levels of transparency as all others in public life.

It is now time, after eight years - for the Scottish Parliament to move ahead with this volume of evidence, the vast majority of which supports bringing transparency to the judiciary, and create a register of interests for all members of Scotland's judiciary

Peter Cherbi, Petitioner PE1458

EIGHT YEAR JUDICIAL INTERESTS PROBE:

The judicial register petition - first debated at the Scottish Parliament’s Public Petitions Committee in January 2013calls for the creation of a publicly available register of judicial interests.

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 lengthy Scottish Parliament probe on judicial interests has generated over sixty two submissions of evidence, at least twenty one Committee hearings, a private meeting and fifteen speeches by MSPs during a full Holyrood debate and has since been taken over by Holyrood’s Justice Committee after a recommendation to take the issue forward from the Public Petitions Committee in March 2018.

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.

The Scottish Parliament’s Justice Committee has backed calls for further work on the judicial interests register during at least THREE further Holyrood hearings, including the latest hearing from June 2019, reported here: JUDICIAL REGISTER: Justice Committee to hear evidence from ex-Judicial Investigator, top judge on judicial interests register, MSP says Scottish judges should not be involved with Gulf States implicated in unlawful wars, mistreatment of women's rights

A report on the Justice Committee’s consideration of the Judicial Interests Register Petition in May 2019 can be found here: JUDICIAL REGISTER: Justice Committee investigate approach to judges’ interests in other countries – MSPs say ‘Recusals register not comprehensive enough’ ‘Openness & transparency do not contradict independence of the judiciary’

A report on the Justice Committee’s consideration of the Judicial Interests Register Petition in February 2019 can be found here: JUDICIAL REGISTER - MSPs urged to take forward SEVEN year petition to create a Register of Judges’ Interests as Holyrood Justice Committee handed evidence of Scottish Judges serving in Gulf states regimes known to abuse Human Rights

TWO TOP SCOTS JUDGES FAIL IN HOLYROOD JUDICIAL TRANSPARENCY PROBE:

Both of Scotland’s recent top judges failed to convince MSPs that a register of interests is not required for judges – even after both Lord Presidents attempted to press home the existence of judicial oaths and ethics – which are both written, and approved by – judges.

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

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.