Tuesday, November 19, 2013

CONFLICTING INTEREST : Anti-transparency top judge Lord Gill will head new ‘independent’ unified Scottish Courts and Tribunals Service

LORD NO NO - Scotland's top Judge refuses second Parliament invite over Register of Interests - Sunday Mail 2 June 2013

Vested Interests must not be declared – Lord Gill. SCOTLAND’S top judge, Lord President Lord Brian Gill who is challenging parliamentary moves to create a register of judicial interests, and has three times refused to attend the Scottish Parliament to give evidence on the undeclared interests, secret earnings, business relationships & other matters involving members of the Scottish judiciary, is to be made the head of a new ‘independent’ body which will merge the Scottish Court Service (SCS) and the Scottish Tribunals Service (STS) into a new body called the Scottish Courts and Tribunals Service.

Last Friday, the Scottish Government announced in a Press Release that legislation to merge the Scottish Court Service (SCS) and the Scottish Tribunals Service (STS) into a unified body to be called the Scottish Courts and Tribunals Service will be brought forward early next year, creating an ‘independent’ joint administration for courts and devolved tribunals headed by a board which will be chaired by the Lord President as head of courts and tribunals judiciary.

Presently has STS has around 100 staff the majority of whom are based in Hamilton.  Staff support hearings held for different Tribunals across Scotland. It is envisaged that the front-line operational delivery of courts and tribunals business will not be affected as the current specialist staff and venues for tribunals and courts will remain.

The following tribunals currently administered by the Scottish Tribunals Service (STS) will pass into control of the new unified Scottish Courts and Tribunals Service headed by Lord Gill :

Commenting on consultation responses to the Scottish Government’s plans to merge the two, already disreputable parts of the judiciary into one, Legal Affairs Minister Roseanna Cunningham said: “The majority of responses to the consultation supported a single body to serve both courts and devolved tribunals in Scotland. A joint body will ensure continued independence, with a joint body corporate chaired by the Lord President, while enabling on-going improvement and sharing of best practice.

Miss Cuningham continued : "It is paramount that the specialism of courts and tribunals continues to be supported by their specialist staff in a merged organisation. That’s why we aim to bring forward legislation early in the New Year to bring about this change and ensure a board structure which supports the business of both courts and tribunals.”

Chief Executive of the Scottish Court Service, Eric McQueen, said: “The Scottish Court Service Board carefully considered the feasibility of a merger with the Scottish Tribunals Service and has approved the proposal.”

Mr McQueen continued : “It is sensible to create a joint administration based on the current SCS model and we will work with the Scottish Tribunals Service to deliver this new organisation, recognising the unique requirements of courts and tribunals and taking account of the needs of their individual users.“

Chief Executive of the Scottish Tribunals Service, Martin McKenna, said: “I see this as a positive step for the Scottish Tribunals Service and those of us who work within it. This puts the administration of tribunals on the same independent statutory footing as courts whilst protecting the unique nature of tribunals for the people that use them.”

The Scottish Government claimed their ‘Justice Strategy for Scotland’ sets out the vision of a justice system in Scotland that is fit for the 21st century and that as part of this programme the Scottish Government are transforming the civil and administrative justice systems and this includes a tribunals reform project to ensure the best structures are in place for people who use tribunals.

However, neither Mr McQueen, Mr McKenna or the Legal Affairs Minister gave any idea in their public statements contained in the Scottish Government’s Press Release as to whether members of the new unified Scottish Courts and Tribunals Service including the Lord President himself, will be required to declare their full interests in a properly maintained and updated register of judicial interests as has been proposed in Petition PE1458: Register of Interests for members of Scotland's judiciary

So far, Lord Gill has bitterly resisted calls for members of Scotland’s judiciary to declare their interests, citing unacceptable breaches of judges privacy, and potential challenges to judicial authority from litigants if it were discovered that the judge in their case had failed to recuse themselves from hearings due to overly cosy relationships, and in some cases, money earning relationships with opposing counsel.

Lord Gill branded such challenges by “aggressive media” and “hostile individuals including dissatisfied litigants ” as “harassment” even though most people and politicians accept that judges who have clear conflicts of interest must recuse themselves when circumstances demand.

The Lord President previously told MSPs in a letter : “Consideration requires to be given to judges' privacy and freedom from harassment by aggressive media or hostile individuals, including dissatisfied litigants. It is possible that the information held on such a register could be abused. These are significant concerns. If publicly criticised or attacked, the judicial office holder cannot publicly defend himself or herself, unlike a politician. The establishment of such a register therefore may have the unintended consequence of eroding public confidence in the Judiciary. It also raises the question whether such a measure would have an adverse impact on the recruitment and retention of the Judiciary"

However, in spite of the Lord President’s stubborn refusal to speak in public on the lack of a register of interests, and serious, systemic problems with judges failing or even refusing to recuse themselves in court hearings, it has now been established through the Scottish Parliament’s investigation into Petition 1458, that the problem of judges failing to declare their interests or recuse themselves in court affects both the civil justice system and cases involving Scotland’s criminal justice system.

Recently the Sunday Mail newspaper reported that judges have sat in their own cause in criminal cases and have thrown out appeals against convictions handed down by other family members in the judiciary – without declaring any interests or recusing themselves in the case. The article from the Sunday Mail can be viewed here : Failure to Recuse : Evidence handed to MSPs in judicial register of interests proposal reveals judges who blocked injustice appeal failed to declare interests in court

Even more alarmingly it was revealed in the same article that judges such as Lord Osborne (now retired)  have thrown out appeals against cases they prosecuted themselves while working at Scotland’s Crown Office & Procurator Fiscal Service, without declaring an interest in relevant appeal hearings or recusing themselves as appropriate.

The move to unify the tribunals with the Scottish Courts Service has not received 100% support from all quarters. Significant criticism and the downside of this merging was reported in yesterday’s Guardian newspaper in an article by Richard Henderson, a former President of the Law Society of Scotland, here : Merging Scottish tribunals and courts – the unintended consequences

If a new unified Scottish Courts and Tribunals Service is to be created, transparency must be at its heart, and certainly all members of the board, members of the judiciary, those who serve on the tribunals and employees of the new unified courts & tribunal service must be required to declare their interests in a published, fully maintained and regularly updated register of interests.

Previous articles on the lack of transparency within Scotland’s judiciary, investigations 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

20 comments:

Anonymous said...

Just the chap to be in charge of supposedly fair and impartial tribunals - the very same man who tells our own parliament to get lost and refuses to show up when they ask him about his interests!

Anonymous said...

The best weapon of a dictatorship is secrecy, but the best weapon of a democracy should be the weapon of openness.
Niels Bohr
==================================
Secrecy is the freedom tyrants dream of. Bill Moyers
==================================
Secrecy, being an instrument of conspiracy, ought never to be the system of a regular government.
Jeremy Bentham

Anonymous said...

I can hear everyone rubbing their hands to get on these tribunals but what about the lack of declarations I wonder??

As always you have good points Peter and pleased to see you rocking the establishment boat!

Anonymous said...

I dont mean to be facetious but that list of tribunal names sound like a bunch of mobsters at work!

Anonymous said...

Chief Executive of the Scottish Court Service, Eric McQueen, said: “The Scottish Court Service Board carefully considered the feasibility of a merger with the Scottish Tribunals Service and has approved the proposal.”

Mr McQueen continued : “It is sensible to create a joint administration based on the current SCS model and we will work with the Scottish Tribunals Service to deliver this new organisation, recognising the unique requirements of courts and tribunals and taking account of the needs of their individual users.“

Well what a lot of rubbish!

Mr McQueen was told to approve it by MacAskill and that's that.

Anonymous said...

Watching Lord Gill's empire building is like watching a car crash in slow motion, with the same consequences awaiting anyone foolish enough to believe that they can get a fair hearing in an Edinburgh Court.

Anonymous said...

Each one of those tribunals you provided links to have serious issues and challenges against their make up and it will not be made any better by teaming them up with the good old bent Scottish Court Service where the staff are too busy lining their pockets with hospitality (found this out thanks to you) and well lets just say "bribes" from lawyers looking for extra work.

Anonymous said...

How can someone who has no respect for elected authority be put in charge of the courts?

This is not good for a democracy but anyway I see now the nationalists are not very interested in democracy if it does not fit in with their agenda and clearly democracy does not.

Anonymous said...

Seems to me you should be writing in the Guardian along with Henderson - at least your version has a lot more bite!

Diary of Injustice said...

In response to an unpublished comment, Diary of Injustice is certainly interested in stories regarding cases brought before tribunals in Scotland and information relating to tribunal members and their interests.

Anyone who feels they have a case or dispute with a tribunal or information relating to its members which merits publicity, is encouraged to send in the details to scottishlawreporters@gmail.com and matters will be looked at for publication.

Anonymous said...

Sweet!
I'm sure the tribunal members will be delighted NOT! to hear the press are going to inspect them as closely as you have the judiciary!

Anonymous said...

Just another nationalist plan to control the tribunals rather than anything else.

For instance, did you know the only reason Police Scotland is called Police Scotland is because a few PR twits came up with the name for the nats and charged us about £50K for it.Their mission if you can call it that was ludicrous - they were tasked with finding an indy ref favourable name for the cops.The same applies to just about every other public body in Scotland now,it must contain the word Scottish or Scotland and whoever dreams the name up gets £50K from taxpayers.

I am surprised the media missed out on this one as there are plenty staff at Victoria Quay willing to talk about it.Or is it because the people who are coining in the money have been going round the media offering up stories to deflect attention away from these wallet fattening exercises?

Anonymous said...

Too much power is being concentrated in a few people with all these changes and I think we all know why this is happening..

Anonymous said...

Off topic I know however here is another MacAskill fiddle re crime stats -

and if they are being fiddled in England they are sure being fiddled up here in the home of fiddle Scotland!

http://www.heraldscotland.com/news/home-news/police-reject-targets-request.22720263

Police reject targets request

POLICE Scotland has refused to reveal details of its national targets and how they are measured despite admitting they are a matter of public interest.

In a surprising move, the national force has rejected a -Freedom of Information request to reveal information about its controversial key performance indicators (KPIs).

It comes after frontline officers warned that a targets culture in Police Scotland was seriously damaging relations with the public and making it inevitable that police officers would massage figures so as to make out that targets were being met.

Police Scotland has denied there is a policy of setting individual officer targets in Scotland.

Justice Secretary Kenny MacAskill refused a recent -parliamentary question from MSP Graeme Pearson about KPIs on the grounds that the "information requested is an operational matter for Police Scotland and is not held centrally by the Scottish Government".

and in England they have to admit it
http://www.bbc.co.uk/news/uk-25002927

Police fix crime statistics to meet targets, MPs told

Police forces across England and Wales are routinely manipulating crime statistics in order to meet targets, a committee of MPs has heard.

A Met Police whistleblower claimed rape and sexual offences were being under-reported by as much as a quarter.

And a former West Midlands chief inspector described practices such as recording thefts as "lost property".

Committee chairman Bernard Jenkin said he was "shocked" by the claims of such manipulation "on such a wide scale".

Anonymous said...

In reply to the comment of 20 November 2013 18:47

There you have what is waiting for us in a nutshell - or should that be 'case' - if we allow Salmond et al to take us down the road to 'independence'.

Anonymous said...

This is simply the unending march towards power and influence by the Law Society of Scotland who have an increasing opinion lon every part of Public Life, including areas where they have no right getting involved?

The lawyers in Scotland have bout themselves power from the SNP Administration on the back of the 'promise' that the Law Society of Scotland lawyers will fight for Scotland's Rights with their English counterparts after Independence?

Truth is they will trash the Best Interests of Scotland in their pursuit of power and influence for their vested interests and those of their pals?

Anonymous said...

Anonymous said...
Just another nationalist plan to control the tribunals rather than anything else.

For instance, did you know the only reason Police Scotland is called Police Scotland is because a few PR twits came up with the name for the nats and charged us about £50K for it.Their mission if you can call it that was ludicrous - they were tasked with finding an indy ref favourable name for the cops.The same applies to just about every other public body in Scotland now,it must contain the word Scottish or Scotland and whoever dreams the name up gets £50K from taxpayers.

I am surprised the media missed out on this one as there are plenty staff at Victoria Quay willing to talk about it.Or is it because the people who are coining in the money have been going round the media offering up stories to deflect attention away from these wallet fattening exercises?

20 November 2013 15:30
££££££££££££££££££££££

Another system whereby they can pass off a back harder as a legitimate payment?

Anonymous said...


Anonymous said...
Off topic I know however here is another MacAskill fiddle re crime stats -

and if they are being fiddled in England they are sure being fiddled up here in the home of fiddle Scotland!

http://www.heraldscotland.com/news/home-news/police-reject-targets-request.22720263

Police reject targets request

POLICE Scotland has refused to reveal details of its national targets and how they are measured despite admitting they are a matter of public interest.

In a surprising move, the national force has rejected a -Freedom of Information request to reveal information about its controversial key performance indicators (KPIs).

It comes after frontline officers warned that a targets culture in Police Scotland was seriously damaging relations with the public and making it inevitable that police officers would massage figures so as to make out that targets were being met.

Police Scotland has denied there is a policy of setting individual officer targets in Scotland.

Justice Secretary Kenny MacAskill refused a recent -parliamentary question from MSP Graeme Pearson about KPIs on the grounds that the "information requested is an operational matter for Police Scotland and is not held centrally by the Scottish Government".

and in England they have to admit it
http://www.bbc.co.uk/news/uk-25002927

Police fix crime statistics to meet targets, MPs told

Police forces across England and Wales are routinely manipulating crime statistics in order to meet targets, a committee of MPs has heard.

A Met Police whistleblower claimed rape and sexual offences were being under-reported by as much as a quarter.

And a former West Midlands chief inspector described practices such as recording thefts as "lost property".

Committee chairman Bernard Jenkin said he was "shocked" by the claims of such manipulation "on such a wide scale".

20 November 2013 18:47
Cvcvcvcvcvcvcvcvcvcvcvcvcvcvcvcv

It seems that Mad FatNeck is obsessed with controlling the Press to portray him and his ilk in a good light and obsessed with hiding and dismissing all evidence of negativity. These are the marks of a Dictator?

Anonymous said...

The idiots have overtaken the asylum?

How can someone who is anti-justice, anti-transparency and anti-Public be given even more power and influence, especially as the SCS is a body that is totally morally bereft and incapable of being trusted as it is?

Anonymous said...

What to do when you have a problem?

Promote the problem even more?

Next thing we will get is that NONO is getting a pay rise?