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 2013 – calls 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.

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

Seven years on - Judicial probe. OVER ONE year ago, and amid much positivity – a cross party backed public petition calling for the creation of a register of judges’ interests was passed to the Scottish Parliament’s powerful Justice Committee.

The transfer of the petition came after six years of a Scottish Parliament investigation on Petition PE1458: Register of Interests for members of Scotland's judiciary – including work and evidence heard by Holyrood’s Public Petitions Committee.

The Public Petitions Committee’s support for creating a register of judicial interests and transfer of work to the Justice Committee - was reported in detail here: JUDICIAL REGISTER: Holyrood Petitions Committee calls for legislation to require Scotland’s judges to declare their interests in a register of judicial Interests

Now, SEVEN YEARS on from when the petition was first filed at Holyrood, in October 2012 – further evidence from the petitioner, and supporters of judicial transparency – urge MSPs on the Justice Committee to press ahead with work on legislation to create a publicly available register of judges’ interests.

Petition 1458 is to be considered again by members of the Justice Committee on Tuesday 28 May 2019, fourteen months after the Public Petitions Committee agreed to back the petition, and pass it to the Justice Committee for further work.

However, it was revealed last week by Justice Committee clerks - that only one of the branches of the justice system requested to give evidence by the Justice Committee had replied to MSPs request for cooperation.

From the Crown Office, to the Law Society of Scotland, Faculty of Advocates and even the Lord President himself – Lord Carloway –  all refused or ignored requests for evidence from the Justice Committee.

Quizzed on the work done by the Justice Committee in the last year, a Committee clerk 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”

From contact with the Justice Committee, it also emerged the Justice Secretary -  Humza Yousaf had written to MSPs, claiming judges should be allowed to judge themselves, and that the public must rely on judicial oaths & ethics – written and approved by the judiciary - instead of transparency in courts.

The Justice Secretary also, and erronesouly, claimed existing complaints rules negated the creation of a register of judges’ interests – a claim which prompted former Judicial Complaints Reviewer Moi Ali – to write to the Justice Committee in support of the petition, and to give her views on the effectiveness of judicial complaints rules.

Moi Ali’s letter was reported in further detail here: SCRUTINY FOR JUDGES: Former Judicial Complaints Reviewer to MSPs - Judicial complaints rules are no substitute for protection generated by a full register of judicial interests

Mr Yousaf also claimed 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.”

Mr Yousaf’s letter was reported in further detail here: 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

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.

Evidence and media reports in relation to the Gulf States service of Scottish judges was reported in more detail here: 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

Now, the petitioner has made a submission to the Justice Committee, calling on MSPs to hear further evidence if required, and take the petition forward to create legislation for a judicial interests regiser.

The full submission to the Justice Committee from the petitioner is reprinted here:

Submission re Petition PE1458 – A Register of Interests for Members of Scotland’s Judiciary

Noting the previous hearing of the petition, I am grateful to members comments in relation to openness and transparency not being a contradiction to the independence of the judiciary, and proposals by members to investigate the way other jurisdictions handle recusals and judicial declarations.

I would refer members to such jurisdictions as Norway and the USA – which both operate registers of judicial interests, and judicial recusals. I believe both could serve as a model to assist in the creation of a publicly available register of interests for Scotland’s judiciary.

Given members comments in relation to evidence collected by the Public Petitions Committee, I do feel it would be productive for the Justice Committee to hear further evidence from Scotland’s first Judicial Complaints Reviewer – Moi Ali.

I believe such an evidence session would refresh members views, and support the confidence exhibited in previous expressions of cross party support during the main chamber debate on this petition in October 2014, and enhance the backing of the Public Petitions Committee in requesting the Justice Committee consider this matter.

As I have previously indicated, I believe members would also benefit by hearing in an evidence session - from Petitions Committee members whose work brought this petition forward, and hearing from MSPs such as Alex Neil – who have looked closely at how the judiciary have handled questions of transparency and conflicts of interest.

Noting the Justice Secretary’s response to the Committee, it appears unfortunate the Minister was not informed of new and widely reported evidence submitted to members in relation to senior Scottish judges holding dual judicial posts, both in Scotland and in the Gulf states – and notably with no reference to such by the Judiciary of Scotland.

It is worth noting, that due to the passage of time of this petition – considerable, and regular presentations of new evidence to the Public Petitions Committee - in relation to issues such as a lack of judicial transparency, failure of judges to interact or cooperate with parts of the Judiciary & Courts (Scotland) Act 2008 – particularly interaction with the Judicial Complaints Reviewer - and widely reported developments in court proceedings from conflicts of interest to failures to recuse – depict a markedly different view of the current state of judicial transparency, and how a Register of Interests would benefit both judges, and increase public confidence in the justice system.

None of these matters are in doubt. The Public Petitions Committee evidence – both in written form and live evidence sessions with witnesses – including two of Scotland’s top judges, both previous Judicial Complaints Reviewers, academics and Ministers, gave the Public Petitions Committee the confidence to support this petition and refer it to the Justice Committee for further action.

This is indeed contrary to the Scottish Government’s position that the judicial oath, the statement of principles of judicial ethics and the various rules made under the Judiciary and Courts (Scotland) Act 2008 operate as a ‘safeguard’ when the overwhelming evidence is – they do not work in terms of increasing transparency, accountability or public confidence in the judiciary.

Indeed, the statistics in the Register of Recusals – created as a result of this petition – now total well over 100 instances of judicial conflicts of interest – and it is important to note we would not have known about previous to this petition and the investigative work of MSPs and the media who followed these events.

It is also worth noting the Recusals Register started out in April 2014 as a very bare reference log, without much detail - notably excluded tribunal members and still does not appear to include over 400 Justices of the Peace.

The Register of Recusals has only been reformed into the slightly more detailed state in which it currently exists, due to requests from the Public Petitions Committee, MSPs and direct discussions between myself and the Judicial Office – which I have previously provided to the Petitions Committee during their work.

Clearly, there is still much work to do on the Register of Recusals – and this may be an issue which the Justice Committee could investigate further.

Given the work by MSPs on this petition to-date, and the cumulative evidence collected by the Public Petitions Committee from witnesses and written submissions – from both sides of the debate, it is clear there is a considerable benefit to both the justice system and public expectation of transparency - to creating a register of interests for members of Scotland’s judiciary, in a form at least as already exists for all other branches of public life, including members of the Scottish Parliament.

SCOTTISH JUDGES SERVING IN THE GULF STATES:

An exclusive investigation by Investigative 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 report reveals TOP judges are accused of selling the reputation of Scottish justice by working for Middle East countries with toxic human rights records.

Two judges are on the payroll of the United Arab Emirates (UAE) where domestic violence against women is legal and where regime critics are tortured and jailed without trial.

The most senior is Lord Hope of Craighead — Scotland’s former top judge, a member of the House of Lords and ex-deputy president of the UK Supreme Court.

Our investigation found that Lord McGhie has been registered to sit in the UAE for the past two years while he was also dispensing justice at the Court of Session in Edinburgh.

In recent years, retired UK judges have been increasingly lured with big paycheques to new civil courts in Qatar and the UAE states of Abu Dhabi and Dubai.

Lord Hope is chief justice of Abu Dhabi Global Market Courts which also employs Lord McGhie and six other male judges from the UK and Commonwealth.

Another former Lord President, Lord Hamilton, sits in a court in Qatar which is accused of backing international terrorism and using migrant slave labour.

SEVEN YEAR TRANSPARENCY PETITION:

The judicial register petition - 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.

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 judicial register of interests would contain 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.

TOP SCOTS JUDGES FAIL IN HOLYROOD 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.