Friday, October 11, 2013

Access to Justice, Hospitality or Bribes ? Scotland’s Courts revealed as haven of lawyers gift giving to staff, secret favours & private profiteering by court clerks

Judges don't declare their gifts, interests while court staff do, sort of. SCOTLAND’S COURTS are little more than a haven of questionable hospitality from law firms, secret favours & errands run by Scottish Court Service staff for lawyers, gift giving and private profiteering by senior officers of the court who are paid large sums of public money to keep the wheels of Scotland’s creaky “Victorian” courts system turning at a pace most now regard as glacial.

The information comes to light in disclosures by the Scottish Court Service in response to Freedom of Information requests after it emerged that ordinary court service staff are required to declare the presents they receive from solicitors & others, while judges are not. Scotland’s judiciary have so far resisted calls to declare hospitality and their wealth, interests & links to the legal and other professions in a Register of Judicial Interests as called for in Petition PE1458: Register of Interests for members of Scotland's judiciary.

Extract of Register of Hospitality 2013 Scottish Courts Service. Disclosures from the Scottish Court Service in documents reveal that in the last five years, over 500 instances of gifts and hospitality received by publicly funded SCS were declared under the rules.

Gifts such as expensive champagne, wines, chocolates and dinner invitations were given by lawyers and others to Sheriff Clerks and SCS staff, along with invitations to the Royal Garden Party, paid-for trips in planes, tickets to football matches and a host of other goods, services & gifts many court users may well come to question in terms of how much this gift giving by lawyers dents the supposed impartiality of court staff.

It has also emerged in the media that in some cases, lawyers have actually paid for criminal fines accrued by court staff, leading some to question their reasons for doing so and what secret benefits this brought to the legal profession and court staff involved.

Privately, legal sources have acknowledged to Diary of Injustice that it is suspected a lot of gifts have not been declared by SCS staff, and that much of the gift giving may well be seen as thanks for favours done in court for law firms, particularly those who are pursuing clients for unpaid fees.

Confirming the air of suspicion over the hospitality register, the SCS explained in their response to the FOI request from Diary of Injustice : “In May 2010 we received an FOI relating to the acceptance of gifts by members of staff. On our investigation to establish the information we became concerned that some staff may have accepted gifts or hospitality but failed to register those in accordance with our policy.”

“We asked Gillian Thomson, former Chief Executive of the Accountant in Bankruptcy to investigate this and she reported to us in May 2010.  The report flagged up some areas of the then policy which merited strengthening to assist staff to understand their obligations regarding seeking authority for or registering gifts or hospitality.”

Report on gift giving at Scotland’s Courts by Gillian Thomson OBE. According to the report by the former AIB Chief Executive, “A few staff felt that all gifts and hospitality etc should be refused such a step is not likely to be workable, indeed it is more likely to have a detrimental effect on moral in some areas. Almost all who expressed a view, however, agreed that people who were external to SCS could misunderstand perceived close working relationships. And some others sought clarity on whether or not it was acceptable to receive gifts from or give gifts to the Judiciary.”

Ms Thomson’s report went on to state : “Staff are of course entitled to a family/private life and the public sector should not fear association with private however great care is needed over impropriety and conflict of interest.”

Ms Thomson recommended the “SCS should revise the Policy on Acceptance of Gifts, Rewards and Hospitality to ensure that it is fit for purpose for all staff, taking account of the various roles performed within SCS. It may also be time to revisit the levels of value for gifts and hospitality.”

The report was also highly critical of the state of the SCS Registers of Hospitality, stating : “The information currently captured on the registers is insufficient to provide assurance that staff are using their common sense and considering issues such as conflict of interest. The registers seem sparsely populated and some of the names appear more frequently as seen in Appendix E. Indeed, some of the entries on the hospitality register have been retrospectively recorded.”

“One interviewee commented that on the 2 occasions they had asked for hospitality to be recorded they were either not recorded or put on the wrong register. Although a small sample it may be worth consider the process of reporting. The formatting of documents was also raised, there is perhaps a need to ensure they are easy to read for all, including those with visual impairments. so that SCS may wish to look at the registers held by other organizations, a good example of which might be the gifts and hospitality register held by the Scottish Government which uses a self referral facility. Random audits could be carried out to ensure compliance.”

Ms Thomson went on to recommend : “SCS should develop the individual registers to contain more information to allow better monitoring of what was offered, to whom it was offered and by whom it was approved, these changes would provide better assurance that the policy is being complied with and more easily identify any attempt to offer inappropriate gifts or hospitality to staff.”

“In addition this should create  an opportunity to monitor the consistency of advice provided and to counter any assertions of conflict of interest. SCS should also consider improving access to the registers. This might take the form of an electronic self certifying document for lower value gifts, rewards and hospitality.”

The question of Sheriff Clerks profiteering on the side from their roles in court also raised recommendations to bring the practice to an end : “Several staff raised the issue of sheriff clerks who carry out extrajudicial taxations and private assessments and who personally benefit financially from these activities.”

“Not only is it inappropriate in terms of the civil service code requirements for staff who are public servants to be able to receive private gain from their employment it is also highly divisive when other staff see such benefits being derived from simply being in the right post of Auditor of Court within the Sheriff Courts.”

Ms Thomson recommended : “SCS should bring the practice of sheriff clerks profiting privately from their employment by SCS to an end as quickly as possible”

While the recommendation to prevent Sheriff Clerks from profiteering privately was made by Ms Thomson back in 2010, it appears not to have been heeded by all, as several cases brought to the attention of Diary of Injustice over the past two years have revealed financial relationships between court staff and law firms which have emerged through investigation of cases where solicitors were attempting to pursue clients for questionable fee demands, some of which have led to years of suffering and personal bankruptcy for innocent members of the public.

Curiously, while Scotland’s Lord President Lord Gill has continued to argue the setting up of Registers of Interest (and hospitality) for the judiciary would cause undue harm to judges, even dent the possibility of recruiting to the bench, it is the case the staff of the Scottish Court Service who run Lord Gill’s courts have been required to declare their hospitality for a number of years without any of the problems Lord Gill has thrown against a call for a Register of Judicial Interests.

Given we now have one half of the courts system declaring or being seen to declare some of their hospitality and interests, It is therefore clear the same rules must be applied to the judiciary, and even more so, given their position in public life.

Previous articles on the lack of transparency within Scotland’s judiciary, investigations of the judiciary by Diary of Injustice including reports from the Sunday Mail newspaper, 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

50 comments:

Anonymous said...

Bribes.

There should be no hospitality in the courts and to suggest otherwise is complete bonkers.

At least some of the staff seem to feel the same way so why promote gifts and kickbacks when you know it is going to be viewed as bribes?

Anonymous said...

There is something very sinister about lawyers paying criminal fines for people who work in the courts.What do these lawyers get back in return I wonder?

Utter corruption from start to finish and all happening under the nose of Gill.Shocking.

Anonymous said...

Well put it this way - they are not giving for nothing.

If you say the words "hospitality" and "public officials" to any normal person on the street they immediately say things like "dodgy" "crooked" "corruption" etc

so whatever is going on these lawyers will be getting something back in return..

access to files,access to judges,access to information on people,a whisper in the ear of a judge to sway a case their way - the possibilities are endless

Anonymous said...

I'd like to say I am shocked but not after Lord NONO told the parly to get stuffed on the judges interests thing.

There is nothing honest about our courts whatsoever this is a fact set in stone.These people are writing the rules for themselves and I doubt even with this register in place for the staff it is all being declared.

Anonymous said...

Very interesting.

I have to say there are a little too many entries of chocolates and cake for my liking.

Sounds like there is something in the bottom of the box of chocs such as a wad of fifty pound notes probably stolen from clients.

Anonymous said...

"And some others sought clarity on whether or not it was acceptable to receive gifts from or give gifts to the Judiciary.”

Oh,so now we know.The judiciary are part of the problem.

Little wonder they do not want your petition to go ahead at the Scottish Parliament.

I hope the msps are taking note of this one and put these questions to Gill and others.

Anonymous said...

The new outfit for Santa is a Judge's robes and wig?

Anonymous said...

Excellent report as usual, Gill doesn't have a leg to stand on.

Anonymous said...

The report was also highly critical of the state of the SCS Registers of Hospitality, stating : “The information currently captured on the registers is insufficient to provide assurance that staff are using their common sense and considering issues such as conflict of interest. The registers seem sparsely populated and some of the names appear more frequently as seen in Appendix E. Indeed, some of the entries on the hospitality register have been retrospectively recorded.”

Where have I heard this before about entries retrospectively.You do realise this is more often than not categorised as fraud and an attempt to deceive.

Why did the ex AIB boss bottle out of some real criticism?

Anonymous said...

Is it just me or does anyone else think the 5000 entries of boxes of chocolates looks like they just wrote it in to cover what was actually handed over!!

Anonymous said...

I told a member of staff at Hamilton Sheriff Court that the system was corrupt and he was horrified at my accusation. But I was right and I am not necessarily referring to the legal system stinks. Christ the top man wants no transparency. Had their own way for far too long.

Anonymous said...

I think you murdered any lingering respectability the courts may have in the opener and the pic!

Its a wonder the judges havent ordered you detained at His Royal Judgeness NO-NO's pleasure until this petition blows over!

Anonymous said...

Naughty old SCS staff.When they're not embezzling from the cash tin they are taking tips and doing work for bent lawyers.How about naming all those law firms anyway?Surely it is in the public interest for us to know exactly which law firms are giving the gifts!

Anonymous said...

I have to admit,after reading the comments about the register and looking at it myself I do not believe all these entries about chocolates and biscuits.

Actually the entire document looks like someone just sat down and decided a few non controversial gifts to write in to appease your FOI request.

Anonymous said...

Like the decent court people said (all of two I suppose) hospitality should be banned for the courts - it is just not right and as already stated can lead to perceptions of corruption of which I have no doubt there is in our courts just like every other part of society.

Anonymous said...

The easy way, and indeed the only way to effectively eliminate the potential for a conflict of interest arising is to impose a blanket ban of gifts.

No wonder the Scottish Public have no confidence in the Scottish legal system - delivered to us courtesy of Wee Eck and McRascal.

Anonymous said...

PERTH SHERIFF COURT IS THE MOST CORRUPT IN SCOTLAND TODAY. WATCH THIS SPACE.

Anonymous said...

Should the ribbon not be on the judge and the wig on the parcel of £50s??

Anonymous said...

Ms Thomson’s report went on to state : “Staff are of course entitled to a family/private life and the public sector should not fear association with private however great care is needed over impropriety and conflict of interest.”

That may well be but this does not allow lawyers to give preferential treatment to court staff in property purchases as we already know goes on thanks to this blog.How about the court workers who were bidding on people's homes through a friendly lawyer at their local court and why has none of this been entered on this so-called register of hospitality??

I smell a **ing great herd of rats in that register all that chocolate + biscuits is just a smokescreen for what is really going on and whoever said earlier about there being money stashed in the boxes of chocs they are probably right on the money so to speak!

Anonymous said...

Lord Gill is starting to look more and more like a walnut whip with all those hospitality boxes of chocolate floating around at the courts.
If he doesn't clean the courts up soon people are going to think he is a bit of a curly wurly!

Anonymous said...

Anonymous said...

Is it just me or does anyone else think the 5000 entries of boxes of chocolates looks like they just wrote it in to cover what was actually handed over!!

11 October 2013 23:21

No doubt about it - This sudden flood of milk tray and booze sounds like a brewery waiting to explode!

Personally I think whoever wrote out this register is having a larff at the rest of us!!

It is probably more like this -

New Audi (tin of biscuits)

Envelope full of money (box of chocolates)

Documents on Mr/MrsX (Shortbread)

Get the judge to choose our preferred verdict (bottle of wine)

Alter these court papers Mr/Mrs Sheriff Clerk (bottle of champagne)

etc etc


Anonymous said...

You can bet there is a lot more fraud going on than they are admitting otherwise the OBE would not have been brought in to write the report.

My guess is this whole register is mostly fabricated and about 90% of the gifts and whatever else is not declared.

Easy to see now we need your Register of Interests petition made law whether the judges want it or not.

Anonymous said...

I'd like to say there should be a Police investigation into these lawyers who are paying criminal fines of public sector court workers but you know what will happen as in the inevitable whitewash with a everything is above board statement or not enough evidence to proceed or not in the public interest to prosecute.

There is not one single corner of the justice system that is not tainted with corruption.

Anonymous said...

Ms Thomson recommended the “SCS should revise the Policy on Acceptance of Gifts, Rewards and Hospitality to ensure that it is fit for purpose for all staff, taking account of the various roles performed within SCS. It may also be time to revisit the levels of value for gifts and hospitality

YAWN ..........

Too late Ms Thomson.

Its 2013 and the gift register reads like a pack of lies.

Anonymous said...

With all those chocolate backhanders the court workers must be morbidly obese,probably rampant diabetes there too.Lets weigh them to see what falls out their pockets!

Anonymous said...

Yes me too I do not believe all the chocolate gifts.Sounds as iffy as the rest of the judges stories.

Anonymous said...

“A few staff felt that all gifts and hospitality etc should be refused such a step is not likely to be workable, indeed it is more likely to have a detrimental effect on moral in some areas" ... what utter tosh!

What kind of salaries are this lot on anyway and why should they expect hospitality in such a position?

Anonymous said...

Last time I was in court as a witness everyone there was snotty and rude so it looks like we have to cross their palms with money in a paper bag to get decent treatment

Anonymous said...

Anonymous said...

I'd like to say there should be a Police investigation into these lawyers who are paying criminal fines of public sector court workers but you know what will happen as in the inevitable whitewash with a everything is above board statement or not enough evidence to proceed or not in the public interest to prosecute.

There is not one single corner of the justice system that is not tainted with corruption.

12 October 2013 15:21

Spot on there mate.No chance of Police Scotland finding any corruption in another part of MacAskill's car crash justice system.Even if they did you can be sure their report will be binned or more likely used by someone as blackmail to get whoever is crooked to do them a few favors.

Welcome to rotten crooked courts all happening in a Scottish town near you!

Anonymous said...

There must be a lot of conflict of interest in lawyers being allowed to give so much hospitality to court personnel and how can anyone get a fair hearing or be treated properly with all this going on.It is ridiculous.

Anonymous said...

Interesting to see many of the comments are taking issue with the form of that register released to you and its contents.I could see some of the gifts being chocolates and so on but to the extent these appear in the register it is stretching credibility to the limit.

I too suspect many of the entries have simply been added at a later date as the former Accountant in Bankruptcy Chief Executive says in her own report.

Anonymous said...

Not necessarily off topic

http://www.dailyrecord.co.uk/news/scottish-news/court-session-clerk-quits-job-2365920
By Norman Silvester

Court of Session clerk resigns after child porn is allegedly found on his computer by police
13 Oct 2013 00:01

DONALD BRUTON, 59, appeared at Edinburgh's sheriff court - in front of colleagues - after being arrested on charges of making and possessing indecent images of children.

AN official at Scotland’s highest court has quit his job after child porn was allegedly found on his computer by police.

Donald Bruton, 59, depute clerk at the Court of Session in Edinburgh, was arrested on charges of making and possessing indecent images of children.

He appeared the next day at the city’s sheriff court ? in front of colleagues ? having been held in police cells overnight.

Bruton worked with some of Scotland’s most senior judges, particularly on commercial cases.

He was responsible for the daily running of proceedings at the Court of Session and for training
other clerks.

The majority of complex or high- value civil cases are heard at the Court of Session ? including big divorce and libel actions.

In the past, Bruton has worked as a court clerk in criminal cases at the high court and sheriff court.

A court insider said: “Donald is a highly experienced court administrator who is responsible for the smooth running of court business.

“He is also someone that even the most senior judges will turn to for advice and help.”

Bruton was arrested by police on Thursday, October 3, at his home in Portobello, Edinburgh.

He appeared at the city’s sheriff court the next day.

A Police Scotland spokesman said: “A 59-year-old man has been arrested and charged with an alleged sexual offence.”

The pornography was allegedly found on a computer in his home which he shares with his wife and two grown-up sons.

A Crown Office spokesman confirmed Bruton was charged in relation to having indecent images of children.

The spokesman added: “He appeared in private on petition at Edinburgh Sheriff Court on October 4.

“He made no plea or declaration. The case was continued for further examination and he was released on bail.” Bruton is expected to stand trial next year.

A spokesman for his employers, the Scottish Courts Service (SCS) said: “He has resigned his position.

“Due to active proceedings, the SCS cannot comment further.”

Bruton is also an executive member of the Edinburgh Budgerigar Association where he is treasurer,secretary and publicity officer.

Anonymous said...

ehhhh .. pedos at the court and probably best pals with the judges?can they be trusted to declare their interests?lol

Anonymous said...

How can the judge argue against a register if the court staff already have to do it

Anonymous said...

Just think of all the hospitality the judges are getting and they dont need to declare it and now even if they did it will all be made up unless there is someone independent looking after these registers

Anonymous said...

The part about the fine being paid is completely unacceptable given these relate to criminal law and convictions.How on earth can someone not be influenced by another who pays their fines.

Anonymous said...

So according to one former public servant with an OBE the public sector cannot function without hospitality and to ban it would reduce morale?

With all that champagne and chocolates floating about the courts they sound like they need a big reality check.

Diary of Injustice said...

In response to some comments regarding the integrity of the documents released under FOI, it does appear from enquiries made by the media there are gaps in what hospitality has been disclosed. More will follow in future articles.

In response to some comments regarding a possible Police Scotland investigation into the SCS Registers, it is highly unlikely such an investigation would take place.

However as has been made clear today, a lack of such action is more attributable to vested interests higher up the ladder in the justice system than officers on the ground ... so in other words, do not always blame the Police when the Crown Office refuse to support investigations on the grounds of 'not in the public interest' ...

Anonymous said...

Impressive blog, reports backed up by independent and verifiable data. Keep up the good work, Scotland needs you DOI.

Anonymous said...

Anonymous said...
I'd like to say I am shocked but not after Lord NONO told the parly to get stuffed on the judges interests thing.

There is nothing honest about our courts whatsoever this is a fact set in stone.These people are writing the rules for themselves and I doubt even with this register in place for the staff it is all being declared.

11 October 2013 19:37
_______________________

Lord NONO, 'I don't tell lies and that's the truth' ;-)

Anonymous said...

Diary of Injustice said...
In response to some comments regarding the integrity of the documents released under FOI, it does appear from enquiries made by the media there are gaps in what hospitality has been disclosed. More will follow in future articles.

In response to some comments regarding a possible Police Scotland investigation into the SCS Registers, it is highly unlikely such an investigation would take place.

However as has been made clear today, a lack of such action is more attributable to vested interests higher up the ladder in the justice system than officers on the ground ... so in other words, do not always blame the Police when the Crown Office refuse to support investigations on the grounds of 'not in the public interest' ...
~~~~~~~~~~~~~~~~~~

Any complaint against a Scottish lawyer is considered by the Clown Office to be 'not in the Public Interest'

Anonymous said...

Anonymous said...
Very interesting.

I have to say there are a little too many entries of chocolates and cake for my liking.

Sounds like there is something in the bottom of the box of chocs such as a wad of fifty pound notes probably stolen from clients.

11 October 2013 20:03
:;;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;;:;:;:;:;

Remember how the judges and court staff were apoplectic with rage when they were told that they had to make cuts and they said that it would mean that they would no longer get chocolate Hob-nobs with their cups of tea and would have to make do with ordinary ones?

More like ordinary Hob-nobs at ten-past-nine and cream cakes for the rest of the day on the Judges Platinum Credit Card for expenses?


Now we know why these court staff lard-asses are all about?

Anonymous said...

This really is comedy Gold?

Is this the same AIB boss who shut down the whole building, leaving the phones off the hook and took her entire staff of 100 off for a days rythmic drumming to boost their moral, all at the tax payers expense to the tune of £80,000.00?

I don't think we need lessons from this crook?

Anonymous said...

Anonymous said...
You can bet there is a lot more fraud going on than they are admitting otherwise the OBE would not have been brought in to write the report.

My guess is this whole register is mostly fabricated and about 90% of the gifts and whatever else is not declared.

Easy to see now we need your Register of Interests petition made law whether the judges want it or not.

12 October 2013 15:09
XxxxxxxxxxxxxxxxxxxxxxX

God forbid you find out the true story behind this particular honour?

Anonymous said...

Anonymous said...
You can bet there is a lot more fraud going on than they are admitting otherwise the OBE would not have been brought in to write the report.

My guess is this whole register is mostly fabricated and about 90% of the gifts and whatever else is not declared.

Easy to see now we need your Register of Interests petition made law whether the judges want it or not.

12 October 2013 15:09
XxxxxxxxxxxxxxxxxxxxxxX

God forbid you find out the true story behind this particular honour?

Anonymous said...

Anonymous said...
Interesting to see many of the comments are taking issue with the form of that register released to you and its contents.I could see some of the gifts being chocolates and so on but to the extent these appear in the register it is stretching credibility to the limit.

I too suspect many of the entries have simply been added at a later date as the former Accountant in Bankruptcy Chief Executive says in her own report.


13 October 2013 15:30

A case of NoNo's black arts black magic

Anonymous said...

Yes,very much on target about the Crown Office keeping the cops on a short leash.
Time that one was sorted out because it has been used too many times to keep the beaks fiddles out of the news.

Anonymous said...

http://www.dailyrecord.co.uk/news/scottish-news/court-session-clerk-quits-job-2365920
By Norman Silvester

Court of Session clerk resigns after child porn is allegedly found on his computer by police
13 Oct 2013 00:01

DONALD BRUTON, 59, appeared at Edinburgh's sheriff court - in front of colleagues - after being arrested on charges of making and possessing indecent images of children.

AN official at Scotland’s highest court has quit his job after child porn was allegedly found on his computer by police.

Donald Bruton, 59, depute clerk at the Court of Session in Edinburgh, was arrested on charges of making and possessing indecent images of children.

He appeared the next day at the city’s sheriff court ? in front of colleagues ? having been held in police cells overnight.

Bruton worked with some of Scotland’s most senior judges, particularly on commercial cases.

He was responsible for the daily running of proceedings at the Court of Session and for training
other clerks.

The majority of complex or high- value civil cases are heard at the Court of Session ? including big divorce and libel actions.

In the past, Bruton has worked as a court clerk in criminal cases at the high court and sheriff court.

A court insider said: “Donald is a highly experienced court administrator who is responsible for the smooth running of court business.

“He is also someone that even the most senior judges will turn to for advice and help.”

Bruton was arrested by police on Thursday, October 3, at his home in Portobello, Edinburgh.

He appeared at the city’s sheriff court the next day.

A Police Scotland spokesman said: “A 59-year-old man has been arrested and charged with an alleged sexual offence.”

The pornography was allegedly found on a computer in his home which he shares with his wife and two grown-up sons.

A Crown Office spokesman confirmed Bruton was charged in relation to having indecent images of children.

The spokesman added: “He appeared in private on petition at Edinburgh Sheriff Court on October 4.

“He made no plea or declaration. The case was continued for further examination and he was released on bail.” Bruton is expected to stand trial next year.

A spokesman for his employers, the Scottish Courts Service (SCS) said: “He has resigned his position.

“Due to active proceedings, the SCS cannot comment further.”

Bruton is also an executive member of the Edinburgh Budgerigar Association where he is treasurer,secretary and publicity officer.

13 October 2013 18:56
uuuuuuuuuuuuuuuuuuuuuu

I am running a book.

Here are the bets based on the wagers already taken:


The Crown Office say:-

1/1000 - 'It is not in the Public Interest to prosecute'

1/250 - 'This is out of character and was brought-on by terrible stress and there has to be no action taken as his reputation has been diminished'

1/100 - He is one of us and as such is above the law

4/6 - We will leave it to the chapel to decide his fate as they are higher-up than us

3/1 - He has resigned this is enough punishment

6/4 - He is the only one. Move along. Nothing to see here...

50/1 - A small fine is sufficient

150/1 - He's to lose his pension

500/1 - Large fine


Gazillion/ 1 - A custodial sentence and put on the sex offenders list

Anonymous said...

What is Gill going to say to the msps now this is public?

All his underlings have to register their gifts (even if they are lying by the sounds of it) so the judges are going to have to do the same!

Anonymous said...

really had no idea all this hospitality exists in our courts

isnt it a bit dangerous allowing this as you say it looks easily a bribe