Tuesday, June 16, 2009

Scottish Courts criticised over 'vexatious' rulings as cases show public denied access to justice in challenges against law firms

scslogoScotland's courts have been criticised for protecting legal firms against challenges by barring clients from courts. A recent addition to the list of vexatious litigants in Scotland, now numbering six people, has drawn attention to the fact that most of the cases on the list appear at some stage, to involve issues relating to the legal profession, with even allegations of interference in the judicial process itself, leading to criticisms today that the Scottish courts are protecting lawyers from challenges by clients who cannot obtain legal representation due to the fact that most lawyers will not take on legal actions against their colleagues.

As the Scotsman reported yesterday, the latest addition to the list of vexatious litigants follows a judgement from Lord Reed in the case of the Lord Advocate v Andrew McNamara, relating to cases raised by the pursuer dating back to 1996.

Among those mentioned, as the Scotsman reports, in the cases brought by Mr McNamara, were Edinburgh legal firm Tods Murray who were suing McNamara for fees, and Glasgow legal firm Levy & McRae, who formerly themselves represented McNamara in his own actions against Tods Murray. The Scotsman goes on to report that the cases grew to involve the former First Minister Henry McLeish - himself forced to resign over secretly renting out his offices to law firm Digby Brown, another Glasgow legal firm - Alexander Stone & Co, and Sheriff Peebles.

The glaring consistency in all those named in the various legal actions, is of course, they are all members of, or have some connection with the legal profession.

Law Society of ScotlandLaw Society of Scotland ‘strangely silent’ on public being barred from courts when cases involve challenges to lawyers. A legal insider today alleged that ‘vexatious rulings’, quietly taking place without protest, are damaging public access to justice in Scotland, and appear to be being used by the legal establishment as a last line of defence against people who find themselves unrepresented by counsel solely because their cases, which are often complicated, involve challenges to the legal profession’s way of doing things.

He said "What is glaringly obvious in the list of vexatious litigants on the Scottish Courts website is that most of the cases, the details of which are peculiarly not listed in full to give readers any leads on why such rulings have been applied, seem to have some involvement with the legal profession in some way, such as challenges to fees, poor work, misrepresentation, interference in the judicial process itself, and even involvement with the Law Society of Scotland."

He went on : "One could easily conclude the courts are closing the door on access to justice for anyone who is challenging a legal firm, and who also find themselves coincidentally lacking legal representation because of an organised boycott against their case by solicitors and the Law Society of Scotland."

John SwinneyCabinet Chief John Swinney revealed Law Society chiefs ordered solicitors to drop clients. The lack of legal representation of individuals who find themselves the target of 'vexatious litigant' rulings appears to be no accident, as Cabinet Secretary John Swinney revealed during a debate in the Scottish Parliament that Law Society chiefs have written to solicitors advising them "to drop clients", in cases which usually involve solicitors initially representing clients against other legal firms in complicated legal actions, where complaints of negligence, poor service, or falsified fee demands, and corruption against clients have been detected.

The usual pattern of obstruction then develops in that clients find themselves suddenly unrepresented nearing their proof hearings in Court after orders to cease representation are handed out by the Law Society, or as reported in some cases, secret deals are worked out between the legal firms to drop the pursuer a few days before the court case is due to start.

Cabinet Secretary John Swinney reveals Law Society Chief Kenneth Pritchard ordered legal firms to drop clients, leaving them unrepresented in court, like McNamara.

Kenny MacAskillJustice Secretary Kenny MacAskill 'should make guidelines’ to Judges on barring people from access to court. An official from a consumer organisation today said that while Scotland has so far escaped using the ruling to bar so many people from the courts, she believed it was time for the Justice Secretary to step in and ensure that members of the public are not being barred from access to the courts simply because their cases involve challenges against 'crooked lawyers' or involved claims against other professionals.

He said : "Given the recent ideas of a sentencing council put forward by the Scottish Government in the Criminal Justice and Licensing Bill, I believe it is now appropriate for the Justice Secretary to make strict guidelines to the courts on cases which may be considered vexatious litigation and that it may be time for a review of the Vexatious Actions Act and how it is applied in cases where it appears people are being denied access to justice especially when their case seems to involve problems with the legal profession.”

“It does appear to me that many of the cases so far which have been denied a hearing in the Scottish courts seem to involve problems with the legal profession, and a determination on the part of some that no issue of an unrepresented pursuer's case receives a fair hearing, for fear of upsetting the balance of power in the Scots legal world which most people now accept is heavily tilted against the consumer by vested interests."

As the evidence clearly shows, the court has become no place for challenging a crooked legal firm – because everyone in the court, except the client, is a member of the Law Society of Scotland .. even the judge.

A new independent venue must be developed for such cases, as the court has clearly demonstrated time & again it cannot be trusted and cannot be impartial enough in such instances where a client has been maligned by one of their colleagues, to deliver a just verdict while determining exactly the course of events which led to the litigation in the first place.

Thursday, June 11, 2009

Justice Secretary 'hush hush' on criminal records of lawyers as Crown Office claims its too costly to keep details on legal profession's crooks

COPFSScotland's Crown Office & Procurator Fiscal Service ‘too busy to collect details’ of crooked lawyers. Despite the blaze of publicity sought by both the Justice Secretary Kenny MacAskill and the Scottish Crime & Drug Enforcement Agency on their joint announcement that over 4000 hardened criminals are roaming Scotland who for now cannot be caught, the Crown Office have revealed an extraordinary gaffe in their own procedures, where apparently there is no information routinely recorded of the previous or present occupations of accused or convicted persons - particularly when it comes to solicitors.

Scotland's Got CrookedDiary of Injustice reported SCDEA's announcement that 250 crooked lawyers & 3000 criminals were on the loose. The Crown Office's policy on identifying the occupations of criminals compares unfavourably with the Scottish Crime & Drug Enforcement Agency's own investigation methods, who, as I reported on earlier, revealed that around 367 serious crime groups are active in Scotland involving 4,066 people, assisted by over 250 crooked lawyers, accountants and other "specialists" who are giving the criminals professional help.

Crown Office on prosecutions of solicitorsCrown Office admit they don't gather statistics on how many crooked lawyers are prosecuted. In response to Freedom of Information queries to the Crown Office on the disclosure of statistics engathered relating to charges or prosecutions against members of the legal profession in Scotland, which includes paralegals, solicitors, and anyone working in a solicitor's office, it was disclosed that "The COPFS database has no information routinely recorded indentifying the present (or previous) occupation of accused persons reported for prosecution. We do not extract any information regarding cases in which the accused person is (or was) a solicitor, so do not hold any statistical information which would answer your question."

Ian Donnelly - Lawyer begs for sex with mum & girl of 11 - Daily RecordSolicitor Ian Donnelly convicted of sex offences but if the Crown Office have their way no one will ever find out Donnelly is a lawyer. The Crown Office indicated their database "is an operational database (not a statistical one) which is used to manage the processing of reports submitted to the Procurators Fiscal. The database is designed to meet the Service's business needs in relation to the processing of individual cases and information within it is structured accordingly. While some aggregate statistical information is extracted from the database, this can often be a complex and time -consuming process." It appears to be that its too time consuming an issue for the Crown Office to keep statistics on crooked lawyers, but not too time consuming that they cant hand over figures for other criminals & crimes for Kenny MacAskill to make sweeping announcements on …

You can read another article on some of the Scottish legal profession’s leading lights being charged with criminal offences here : Legal Aid Board 'brought into disrepute' by Legal Services Chief's criminal charges over rent boy scandal

Criminal Records of LawyersDiary of Injustice reported earlier, the public in England & Wales can find out statistics on criminal records of lawyers but not in Scotland. The apparent lack of an initiative by Scotland’s Crown Office to engather statistics on crooked members of the Scots legal profession has today been condemned by a legal insider as "little more than pandering to Scotland's legal establishment who do not wish to see recordable statistics made available to the public on the criminal records of members of Scotland's legal profession.". However as I reported last month, the public in England & Wales do get a bit more information on the criminal antics of the legal profession in the rest of the UK : Criminal records of lawyers : Scots public kept in dark over convictions while England & Wales get ‘right to know’

Lawyer accused of flashing at boy, 13 -  Daily Record April 13 2006Ever wondered why charges are dropped against lawyers and not against others ? – the Crown Office are the last people to tell. A Scottish Government source today admitted there was no appetite to divulge the statistics of prosecutions against members of the legal profession because of ‘Ministerial policies.’ He said : "As you know, it is not Ministerial policy to upset the legal fraternity, and it has been that way for a number of years even before the current administration took office in 2007. If statistics were collected on prosecutions against members of the legal profession, the public might start to wonder why so many criminal cases, some involving serious charges, are disproportionately dropped against lawyers, while there would be no question of not pursuing similarly serious charges to a conviction against ordinary members of the public."

He went on : "However, I fail to see how the Justice Secretary can claim to be tough on crime when he wont even allow the country's prosecution authorities to collect detailed statistics on the likes of prosecutions against members of the legal profession while on the other hand, being able to make grandiose announcements there are literally thousands of criminals and crime gangs roaming Scotland aided & abetted by many in the legal profession, who for varying reasons cannot be caught or identified."

MacAskill tight lippedKenny MacAskill has politicised media releases on justice but remains hush hush on crooked lawyers identities. Coincidentally at the weekend, the former head of the SCDEA Graeme Pearson, appearing in the Sunday Mail newspaper, criticised the SCDEA's 'mapping investigation' announcement as "more a political event than a policing event." criticisms which many agree with, after recent Press releases & media events held by varying public bodies such as the Scottish Legal Aid Board, and Government funded consumer organisations have been in effect taken over for political means by the Justice Department, leading to as one serving Chief Executive yesterday claiming "Our Press Conferences & Press Releases are now little more than political theatre to promote the SNP rather than giving an impartial account of justice issues affecting Scotland".

There is of course, little need to wonder why the Crown Office refuses to keep statistics on the numbers of crooked lawyers prosecuted or sent to jail in Scotland …

The lack of statistics at the Crown Office is simply down to the influence of the legal profession who do not want the public being able to access such detailed information, and, perish the thought we should not be told who exactly are the SCDEA's least recommended solicitors & legal firms who made it to their recent investigation of all things crooked in Scotland, which has now been used mainly for political show by the Justice Secretary, rather than making the determined effort to lock up those who are allegedly the crooks among us ...

The Justice Secretary was asked for comment two weeks ago on his attitude & policy towards criminal prosecutions & criminal records of solicitors in Scotland .. so far, he has not replied …

Its a small thing though, if you consider it, taking a note of someone’s employment, considering that anyone who is charged with a criminal offence, is usually asked what they do, if of course, its not already on some file or Police record somewhere (which it must be, because the SCDEA say so) ... so why deny even the most simplest of tasks, to ensure the public know more about their legal representatives ?

Why must we not be able to know more about our legal representatives in Scotland ? Why the big hush hush Mr MacAskill ? Have you spent too much time defending your colleagues in the legal profession you now cannot see the wood for the trees ?

Tuesday, June 09, 2009

Cabinet Chief Swinney intervenes in SLCC investigation of claims against crooked lawyers as Law Society 'fearing worst' demands early secret meetings.

John SwinneyCabinet Secretary for Finance John Swinney intervenes in investigation after Law Society attempt to dictate remit & scope of inquiries. John Swinney MSP, the Cabinet Secretary for Finance, has been forced to intervene in a bitter exchange between officials of the Scottish Legal Complaints Commission and members of the public participating in the first independent investigation to be carried out into compensation claims made against Scottish solicitors, after it emerged the SLCC's Chief Executive, Eileen Masterman had agreed to hand out copies of the research directly to the Law Society of Scotland, but had refused similar requests from members of the public whose views were being sought for the research.

I reported on the first ever independent investigation into claims made against Scottish solicitors in an earlier article, here : Scots public urged to take part in Commission's survey on claims made against lawyers with Law Society's Master Policy & Guarantee Fund

Eileen MastermanSLCC Chief Executive Eileen Masterman refused to hand over copies of research but Law Society to get a copy. The Commission's Chief Executive, Eileen Masterman who received requests from the Law Society of Scotland for copies of the research even before the project began, agreed they would receive the research in a pre publication format, while denying similar requests from participating members of the public, citing among other reasons that the public "were not stakeholders in the research or the Scottish Legal Complaints Commission", despite the fact that £2.5 million pounds of taxpayers money has been poured into the Commission, which has mostly went on officials huge salaries of up to £1350 a week and expenses perks of SLCC board members of up to £350 per day.

However, the Cabinet Chief Mr Swinney was brought into the issue by concerned constituents he has represented in the past on issues relating to claims & complaints against solicitors, over fears the Law Society were attempting to undermine the Commission’s research into claims against crooked lawyers, long known to be stage managed by the legal profession with clients achieving little or no success and most cases even being prevented from reaching court.

It was as we all know, Mr Swinney’s Holyrood confrontation with Law Society Chief Douglas Mill, over claims of corruption within the Master Policy which led to Mill’s downfall from the Society’s top position, which I reported on in early 2008, here : Breaking News : Law Society Chief Executive Douglas Mill who lied to Parliament, pursued 'personal vendetta' against critics - to resign

Mr Swinney has expressed deep concerns to the Commission over the research, and it can be revealed today the Cabinet Chief has written to the SLCC's Chief Executive Eileen Masterman, reminding her that millions of pounds of taxpayers money has been spent on the Commission, making the Scots public "stakeholders" in ‘not only the research but also the organisation itself’.

Mr Swinney contends (and has told SLCC Chief Executive Masterman in no uncertain terms) that members of the public participating in the research should also be given copies of the report at the same time the Law Society receives their copies, to ensure no alteration of the results of the research, which the Law Society is said to 'fear the worst' over, due to constant scandals involving client claims against crooked lawyers which often involve dirty tricks, delay and subterfuge from the Insurers who run the Master Policy on behalf of the Law Society of Scotland.

Philip YellandLaw Society of Scotland Director of Standards Philip Yelland asked for discussions on research before publication. In leaks from sources at the SLCC today, it can also be revealed the Law Society of Scotland have demanded exclusive access to the Master Policy research before it is published, and have also demanded discussion with the Commission, over fears that revelations from what is the first independent investigation ever to be carried out into financial claims made against 'crooked lawyers' in Scotland could be very damaging for the legal profession, the insurers and the Law Society of Scotland itself.

Law Society demands meeting over investigationLeaked emails from Law Society to SLCC demanded discussion of research before publication. Law Society Director Philip Yelland in his email to the SLCC Chief Executive Eileen Masterman asks : "There is the issue of the production of the final report and how the Commission would intend to use this. It is acceptable that in view of the provisions of the Freedom of Information Act at some stage the report will become public and it would be helpful at this stage to know whether it would be the intention of the Board of the Commission, once the report is produced, to discuss the matter with the professional bodies before formal publication or whether the Board would intend to discuss the final report with the professional organisations proper to any publication or indication of the steps that might be taken."

Earlier paragraphs in Mr Yelland's emails to the Commission were attacked by SLCC insiders, who branded them “little more than fishing attempts by the Law Society to gauge the scope of the SLCC's research into the Master Policy, with a view to interfering in its terms & remit to save face and stop the public getting to know the truth."

Mr Yelland's fishing questions : "It is noted clearly that the Commission will want to speak with participants from the professional bodies (presumably the Guarantee Fund and Insurance Committees or members from these Committees) and it is also noted specifically that there is reference to a desire to speak to individuals. Is there any intention for the research to speak with individual solicitors about their views on the Master Policy and Guarantee Fund ?"

Yelland went on to enquire "So far as the Focus Groups are concerned, it is intended that there will be Focus groups involving members of the profession and mixed groups with members of the profession and the public ?"

Masterman agrees to hand over copies to Law SocietyProfessor Alan Paterson told by SLCC Chief Exec. Masterman that Law Society were expecting the worst on investigation of claims against crooked lawyers. Eileen Masterman responded by saying she would hand over copies of the research prior to publication, and in an email to Professor Alan Paterson, a board member of the Commission, & Professor of Law at Strathclyde University, Ms Masterman said : " ..I would be happy to give them (the Law Society) a preview of the report before publication (and I think we'll have to publicise it fairly quickly after the Board have had an opportunity to consider it) but I don't want us to be under any immediate pressure about how, or if, we're going to take it forward."

Eileen Masterman continued to Professor Paterson saying she thought the Law Society might feel they were in trouble with the research : "I get the impression that the Law Society of Scotland are expecting the worst and trying to second guess what that will be."

A legal insider today accused the Law Society of attempting to dictate the terms of the Commission's ground breaking research, and claimed officials at the SLCC "felt vulnerable to demands from the Law Society of Scotland for the inevitable edits of the parts of the research that the profession would not wish the public to read".

He went on : "There is an intense feeling of distrust within the Commission's staff that the Law Society of Scotland is constantly looking over our shoulders at what we are doing, and in reality, little is progressing at the Commission without the cooperation or say so of the profession's governing body."

Kenny MacAskillJustice Secretary MacAskill is blamed by legal insiders for allowing the SLCC to fall victim to Law Society bullying. Many insiders blame the Commission's problems on Justice Secretary Kenny MacAskill, for taking a back seat while the Commission was being formed, and allowing the Law Society to run the appointments process to the Commission, which has been widely condemned as "full of sleaze" by many consumer groups & law reform campaigners.

Current conditions in the workplace at the Scottish Legal Complaints Commission seem to have deteriorated so much that some members of staff have indicated they feel so ashamed of news reports & public criticism of the Commission, they now feel they cannot admit even to their friends to working at the SLCC, for fear of being told they “are employed at a front organisation set up to protect the legal profession more so than deal with complaints from members of the public.”

John SwinneyCabinet Chief John Swinney, ‘deeply angered’ by difficulties at SLCC. Mr Swinney, while continuing to watch developments, refused to comment on the further difficulties at the embattled Scottish Legal Complaints Commission. However sources close to the Cabinet Secretary admitted Mr Swinney was deeply angered at the way the Commission was handling its role as the independent regulator of complaints against Scotland legal profession which it was assigned in legislation Mr Swinney himself as an MSP campaigned hard to be passed into law as the Legal Profession & Legal Aid (Scotland) Act 2007.

A source close to Mr Swinney this afternoon said : “John has worked so hard on this problem to see much of his effort twisted around by the Law Society and incompetence from others in Government who are responsible for protecting the public interest and seeing to it what was billed as a clean up of the legal profession’s poor complaints handling process became reality.”

“As the situation goes, there has been no clean up of anything and the SLCC in its current format is widely recognised as being unfit for purpose.”

I think we all feel that way … and certainly there now has to be some reforms of the Scottish Legal Complaints Commission to bring it closer to the public & consumers of legal services, while being more accountable & transparent in its operation. Ultimately, the SLCC will most probably needed to be regulated itself.

Sunday, June 07, 2009

First Minister Alex Salmond admits he's not 'whiter than white' over Westminster expenses scandal as questions arise over £800 food allowance claims

Alex_Salmond smileScotland's First Minister Alex Salmond blamed expensive food allowance claims on William Wallace events. Scotland's First Minister Alex Salmond who is also an MP at Westminster, been sucked into the expenses scandal at the House of Commons in London, with revelations Mr Salmond had claimed £800 for food expenses for two months, while the Parliament was actually in summer recess.

Mr Salmond, speaking on BBC radio last week, did not give specifics to callers on his expenses claims, choosing to blame attending William Wallace commemoration events as one of the reasons for the large food claims. Mr Salmond continued, saying he was "quite happy to go before an independent audit" but admitted no one including himself could claim they were "whiter than white" in the expenses scandal.

First Minister Alex Salmond on £800 food claims admits "I'm not whiter than white" in expenses scandal.

nigel_donThe SNP's Nigel Don embarked on a series of property deals to get Holyrood to pay his mortgage. While the First Minister claimed on BBC Radio that no one within the SNP had been 'house flipping' to claim thousands of pounds from the taxpayer on second homes, recent revelations over Nigel Don's property deals to secure £688 a month from the taxpayer to pay his mortgage, despite receiving a salary of £55,381. It is worth noting that Mr Don is also Parliamentary assistant to Justice Secretary Kenny MacAskill, and is also a member of Holyrood’s Petitions Committee, where recently Mr Don’s remarks on an access to justice petition ‘constituted disinformation’ as some pointed out at the time.

I wrote about Mr Don’s mortgage arrangements and work on the Petitions Committee in an earlier article here : Influencing Justice reforms in Scotland worth ‘price of a mortgage allowance’ as MacAskill's ministerial aide gets £688 a month to fund capital flat

christine_grahameChristine Grahame, the SNP’s MSP for South Scotland claimed a staggering £26,465 for ‘stationery’. Another example of huge expenses claims at Holyrood surfaced recently with revelations the SNP’s Christine Grahame claimed a staggering £26,465 for postage and stationery, while other politicians from the Tories and Liberal Democrats representing the same area claimed ‘significantly less’ sums. You can read more about MSPs stationery claims here : Scottish Parliament : Christine Grahame’s £26k stationery expenses claim on 'consultations'

Currently, up to 28 MSPs at the Scottish Parliament, 12 of that number being SNP MSPs and 6 of those being Cabinet Ministers in the Scottish Government, including the Cabinet Secretary for Finance, John Swinney, are claiming mortgage interest payments of up to £1000 a month from the Scottish taxpayer to pay for their second homes in Edinburgh. This state of affairs could hardly be described as being ‘whiter than white’ – Scottish MSPs collectively claiming millions of pounds from the taxpayer in expenses while themselves claiming they are a model for transparency & accountability compared to their colleagues caught up in the Westminster expenses scandal.

You can read more about the Scottish Parliament’s own expenses milking scandal here : An extra £2m for MSPs at Holyrood while Westminster’s reputation withers in expenses scandal

Many MSPs have ensured they have not been outdone by their Westminster counterparts in expenses claims, in examples I have previously covered here : Scottish MSPs get in on the act of expenses milking too

david_mcletchieEx Tory leader & lawyer David McLetchie was brought down over huge taxi expenses claims. The Scottish Conservatives, who have raised the issue of the First Minister’s food expenses, have themselves suffered expenses scandals, which led to the resignation of David McLetchie as the Scottish Conservative Party leader, after revelations he claimed more than £11,500 for taxi journeys ‘into the unknown’, some of the destinations being revealed later as his law office at Tods Murray, and a few trips to Morningside …. You can read more of the McLetchie scandal here : McLetchie taxi details revealed

It is also worth noting that while the Liberal Democrats in England have been told to pay back any Capital Gains Tax on profits made by selling properties funded by taxpayers, the Scottish end of the party, seems to have a different policy for its members, as has been covered in the media here : LibDems leader Tavish Scott refuses to reveal capital gains tax payments on property profits

Lets also not forget that Scottish politicians were also recently caught for even claiming wreaths from the taxpayer, reported last month here : Scottish Parliament MSPs 'as crooked Westminster' claimed expenses for funeral wreaths

What is so disgusting to me, is that while there are people including children literally begging for cancer or other medical treatments to their local NHS Trusts throughout the country, only to be told there is either no money to pay for it, or that they are in the wrong postcode, politicians from all political parties, including the SNP are able to basically claim for what they want. A thoroughly disgusting situation which no honest decent person can defend.

How could a politician, already being paid over £70,000 plus, justify they deserve £800 for food, or £14,000 to clean moss off the front of their house, while, say, a 14 year old child cannot get a life saving course of medication simply because they live in the wrong area or their own health board has run out of money. That HAS to be an affront to humanity, politicians putting money and self gain before the lives of constituents while having such a huge salary for allegedly representing our interests.

Indeed the caller in the radio show who questioned Mr Salmond on his food expenss may well be right when he said “All you politicians are in it to line your own pockets”.That much is true – they certainly do, but it must now stop, and we the electorate must hold all politicians to account for their actions of lining their own pockets, no matter which party they are from.

The Sunday Herald reports :

Fresh challenge to Salmond over London meals claims

By Tom Gordon, Scottish Political Editor

ALEX SALMOND is facing fresh accusations over his expenses as an MP, after the Conservatives proved he was out of London for several weeks during the whole period for which he submitted maximum claims for meals from the House of Commons.

The first minister claimed the monthly £400 maximum for both August and September 2005, despite Westminster being in summer recess.

Salmond has repeatedly refused to publish his diaries for the months, dismissing suggestions the claims were unjustified as "laughable".

Last week, he told a BBC Radio Scotland phone-in: "I was in London in recess in 2005. MPs often go to London. They were all legitimate Parliamentary claims."

But the Scottish Tories last night produced a list culled from SNP press releases and newspapers showing Salmond was in Scotland on at least 22 of the 61 days in question. His eight August engagements included Robin Cook's funeral, a cricket match in Edinburgh, a gala in Rhynie, an art exhibition in Banff, and a constituent's 100th birthday in Portsoy.

The following month he was in Scotland for at least a fortnight, campaigning in the Livingston and Cathcart by-elections, and attending the SNP conference in Aviemore.

Salmond's spokesman said the first minister had never stated he was in London all the time, and suggested some of the claims might refer to days when parliament was sitting.

Besides claiming £400 for food in August and September, Salmond also claimed the maximum for six other months in 2005-06, a total of £3200. He also claimed £1751 for food in 2007-08, when he was first minister, despite voting on only six days in the Commons.

Annabel Goldie, the Scots Tory leader, last night wrote to Salmond urging him to publish his diaries. She said: "I am asking him to be open and transparent with the taxpayers about his Westminster expenses. He claimed the maximum food allowance of £800 for August and September 2005, but there are doubts over how much time he actually spent in London during that period that would justify such a large claim.

"I hope for the sake of the Scottish Parliament he takes this opportunity to clear up any lingering doubt."

Salmond has been the MP for Banff and Buchan since 1987 and is also the MSP for Gordon.

The continuing row over his Commons expenses comes as a fresh review of the MSP expenses system begins at Holyrood.

Sir Neil McIntosh is to examine whether "key elements of the scheme could be expected to continue to command public confidence".

Although praised as more transparent than Westminster, the Holyrood scheme still allows MSPs to keep all profit from the sale of second homes funded by the taxpayer.

Last month, the Sunday Herald revealed 28 MSPs currently claiming mortgage interest would make around £2 million profit if they sold up.

A Holyrood source said the McIntosh review, which will report by December, was aimed squarely at closing the second homes loophole. Tavish Scott, the Scottish LibDems leader, who would make a £120,000 profit on his second home, is under fresh attack over "despicable" expense claims by his MSPs.

Peter Nield, a LibDem councillor in Angus, resigned from the party in disgust at Scott's failure to discipline four LibDems who claimed for Remembrance Day poppy wreaths.

Although all agreed to repay the money after the claims were publicised, Nield said that was "irrelevant".

Now sitting as an independent, he said of Scott: "When a party leader is so out of touch with society he does nothing to reprimand those responsible, it is a step too far for me. It is despicable MSPs on good salaries and generous expenses claim back Remembrance Day poppies as expenses."

A LibDem spokesman described Nield's decision as "disappointing".

In a statement, Salmond said he was "entirely confident" about his expenses. "I was in London in both August and September, securing an unfurnished rented flat and other engagements, and during that period also paid bills from the Commons refreshment department incurred during the parliamentary session."

***

Council expenses cost taxpayer £3m Argyll and Bute Scotland's most expensive authority By Tom Gordon, Scottish Political Editor

SCOTLAND'S councillors claimed more than £3 million in expenses last year on top of £22.4m in salaries, according to new official figures. In recent days, all 32 local authorities were forced by law to publish councillors' salaries and expenses for 2008-09, showing spending on travel, accommodation, meals, phones and IT.

Analysis by the Sunday Herald shows that the average expenses claimed per councillor ranged from £325 in the country's smallest authority, Clackmannanshire, to £6004 per head in the largest, Argyll and Bute. The Scottish average was £2486.

Under a complicated remuneration formula, all 1222 councillors earned a basic salary of at least £15,000, with more for those in bigger councils and those with special responsibilities, such as committee chairs, and provosts.

The most expensive council in terms of salaries was the City of Edinburgh, with its 58 members taking home an average £21,079 in pay.

The least expensive was Moray, with its 26 members earning an average salary of £17,314. The average across the country was £18,351.

Overall, the most expensive council, including salaries and expenses, was Argyll and Bute, run by a coalition of Independents and the SNP. Its 36 councillors cost an average of £24,088. With 25 inhabited islands covering the largest geographical area of any council, their expense claims included £152,974 on mileage and £10,703 on ferry fares.

The least expensive was Labour-run Inverclyde, whose 20 members each cost £18,128 overall. Across Scotland, the average councillor cost £20,837.

Despite outnumbering them 10 to one, the councillors expense claims came to less than a third of those made by MSPs.

The highest expenses claim was made by the SNP's Donald Manford, chairman of the transportation committee in the Western Isles, whose £20,081 claim was larger than his £17,819 salary - it included £11,740 in travel and £5300 in subsistence claims.

In contrast, several dozen councillors around the country claimed no expenses at all.

Argyll and Bute said its unique geography contributed to high costs. A spokeswoman said: "We have very strict controls on what can be claimed as expenses, and in what circumstances claims can be authorised.

"Receipts are required not only for subsistence or accommodation claims, but also for fuel ...

"Councillor remuneration is fixed by the government by statutory order, not by councils themselves. Mileage rate is also fixed by government."

Robert McGill, the deputy leader of Labour-run Clackmannanshire council, said: "We are looking to offer value for money to our constituents. It's important that local people trust their council and the expenses are all itemised and accounted for."

The Convention of Scottish Local Authorities, the umbrella body which represents all of the country's 32 councils, said: "Scotland's democratically elected councillors offer extremely good value for money.

"Councils put a real value on the public pound and therefore operate extremely well controlled systems around expenses for councillors.

"All expenditure rightly needs to be proven and would include things like the cost of mobile phone calls, IT and the sort of other businesslike necessities being a democratically elected member committed to representing communities entails."