Independent Law journalists report on legal news for consumers, litigants & Scotland's legal community including features on justice, access to justice, law reform, the judiciary, politics & in-depth investigations, analysis and commentaries on legal related issues.
Showing posts with label City of Edinburgh Council. Show all posts
Showing posts with label City of Edinburgh Council. Show all posts
However, the Council only revealed the list - after initially refusing a request to disclose the identities of lawyers receiving millions in public cash for work which in some cases insiders allege is being used to keep law firms afloat in ‘difficult times’.
Among the list now disclosed via Freedom of Information legislation are law firms used by Edinburgh Council - who allegedly harassed & intimidated city residents for recovery of fees for dodgy construction work carried out on orders of the Council while staff from the Property Conservation Department took bribes from contractors & construction firms.
Edinburgh City Council was flooded with nearly 1,000 complaints about statutory repairs worth £30bn – yet despite a report saying lessons had been learned, law firms have continued to target residents over dodgy work orders.
The scandal prompted a Police Scotland fraud probe amid claims of bribery and billing for work not done. It was also discovered gifts & hospitality for staff in departments of the council was widespread.
However, Edinburgh Council has bitterly fought any moves to release exact figures for payments to individual law firms, and is now fighting a further Freedom of Information probe on legal fees and other expenses paid to a former Lord Advocate – Elish Angiolini – who was accused of undermining the judiciary by former Lord President Lord Hamilton.
The figures for Edinburgh Council’s spend on lawyers from 2014 to 2017, obtained via Freedom of Information legislation – reveal the Councils’ staggering £5 million a year spend on in-house, external lawyers and Advocates.
From January 2014 to 31 May 2017, the figure revealed by Edinburgh Council details some £15,265,175 spent on lawyers.
During the five months from 1 January to 31 May 2014, Edinburgh Council spending on lawyers alone was £1,016,252
The totals for each year since reveal: 2014-2015: £4,812,170, from 2015-2016: £4,104,736, from 2016-2017: £4,649,121 and in only two months from 1.4.17 to 31.5.17 a further £682,896.
In the same period Edinburgh Council also paid the sum of £229,107 to the Scottish Courts and Tribunals Service (SCTS).
Initially, Edinburgh Council attempted to argue that the commercial interests of the Council, the solicitors, advocates and QC listed in the disclosure would be harmed by the disclosure of the withheld information.
However the identities of law firms involved in the payments, but not the exact payments to the actual law firms themselves were eventually disclosed.
The full list of law firms on the payroll of Edinburgh Council includes law firms which have also been subject to PoliceScotland investigations, firms subject to multiple complaints by clients accusing partners of fraud and dishonesty, and a law firm where a stolen £38m Leonardo da vinci painting was ‘found’ in a safe during a Police raid:
Law Firms and Solicitors:
Adams Whyte Solicitors, Aikman Russell Dunlop WS, Aitkens The Family Law Solicitors, Allan McDougall & Co SSC, Allingham & Co (Solicitors) Ltd , Anderson Strathern LLP, Arbuthnott McClanachan, Ashurst LLP, Balfour & Manson, BCKM Solicitors, Berwin Leighton Paisner LLP, Beveridge & Kellas SSC, Brechin Tindal Oatts, Brodies LLP, Burness Paull LLP, Campbell Smith WS, Clan Childlaw, Clyde & Co (Scotland) LLP, CMS Cameron McKenna LLP, Community Law Advice Network, Crown Office & Procurator Fiscal Service LINETS, Digby Brown Solicitors, Drummond Miller LLP, Duncan and Wallace SSC, Dundas & Wilson CS LLP, Edinburgh Law Seminars Limited, Edinburgh Law Solicitors and Notaries, Ennova Law, Eskhill and Company, F M McConnell SsC, Frances McChlery Consulting, Fraser Shepherd, FT & DC Wallace, Garden Stirling Burnet, Gibson Kerr Law and Property, Harper MacLeod LLP, Hay Cassels, HBJ Gateley Wareing Scotland LLP, Hughes Walker Solicitors, Iain Smith & Partners, Innes & Mackay Limited, J K Cameron, Jones Whyte, K W Law, Ledingham Chalmers LLP, Legal Services Agency Ltd, Lindsays W S Solicitor,s MacLay Murray & Spens Solicitors, LLP MacRoberts LLP, McCartney Stewart Limited, McKenzies Solicitors, McMillan Williams Solicitors, McNeill & Cadzow, Millar & Bryce Ltd, Morisons Solicitors, Morton Fraser Solicitors, Odonnells Solicitors Limited, Pinsent Masons LLP, Quinn Garland Associates Ltd, R.A Low & Company, RSC Solicitors, Scottish Child Law Centre, Scottish Public Services Ombudsman, Scutt Beaumont Solicitors Ltd, Sheehan Kelsey Oswald, Shepherd & Wedderburn LLP, Simpson & Marwick WS, Sinclair Court Solicitors, Somerville & Russell , T C Young, Thorley Stephenson SSC, Thorntons WS Solicitors, Tods Murray LLP in Administration, Trinity Chambers, Warners Solicitors LLP, William Hodge Shorthand Writers Ltd, Wilson Terris & Co SSC,
Advocates and QC's:
Rt Hon Dame Elish Angiolini DBE QC, Ruth Innes, David Jack, Morag Jack.
The Scottish Information Commissioner has now been approached to investigate the case and seek disclosure of the amounts of secret legal fees paid to former Lord Advocate Elish Angiolini – after Edinburgh Council claimed the payments of substantial sums of public cash amounted to ‘personal data’.
A separate approach to the SIC is to be made over exact payments to law firms, given the sheer size of payments of public cash – which some legal insiders contend are an indication of law firms generating work for themselves to keep them afloat.
Do you have an experience with Edinburgh Council and any of the law firms listed in the Freedom of Information disclosure? If so, DOI would like to hear from you by contacting us at scottishlawreporters@gmailcom
Top court now owned by ‘public body’ run by judges. THECity of Edinburgh Council have this week confirmed no further action is being taken by the council to recover ownership to the common good of Parliament House – the seat of Scotland’s top courts.
In a statement issued to the media, a spokesperson for the City of Edinburgh Council said in relation to Parliament House: “We are not pursuing legal action regarding ownership of the Parliament House.The building, however, remains in public ownership and is publicly accessible.”
However as the SCTS is a public body which is effectively controlled by a quango commanded by Scotland’s top judges - the status of “public ownership” may well fall to be a loosely applied term given how the titles came to be in the possession of the courts after Scottish Ministers took ownership of Parliament House from the common good.
Commenting on the Laigh Hall – a large area of building which runs underneath Parliament House and was ‘gifted’ to the Faculty of Advocates by the Scottish Government, a Council spokesperson, said: “Shortly after Scottish Ministers registered these buildings they transferred the title for Laigh Hall to the facility of advocates. We understand that this transfer is subject to Scottish Ministers having first refusal to reaquire the property in the event of a sale.”
A spokesperson for the council also confirmed earlier moves by Edinburgh Council to ‘persuade’ the SCTS & Scottish Government to voluntarily hand back ownership, were also at an end.
DOI has previously published documents released under Freedom of Information legislation which revealed lawyers representing trustees of the Faculty of Advocates informed Registers of Scotland (RoS) that the Laigh Hall – part of the Parliament House complex - had been occupied by the Faculty for some 150 years, with no recorded titles – yet Scottish Ministers and Registers of Scotland went ahead and granted ownership to the Faculty of Advocates.
A disclosure of eighty eight pages of documents released to DOI under Freedom of Information legislation - revealed at the time the Scottish Government had no plans to act over their handing over of the Parliament Hall land titles to the Faculty of Advocates.
Documents released by the Scottish Government and published by DOI also revealed the former Dean of the Faculty of Advocates - James Wolffe QC (now Lord Advocate) - refused to give any expectation of success on attempts by Edinburgh Council to recover public ownership of titles to Parliament House and the Laigh Hall.
In a separate 47 pageFreedom of Information document release byRegisters of Scotland (RoS)– the body charged with registering land ownership in Scotland – several documents highlight Scottish Government civil servants scrambling to protect Ministers from questions over the titles loss in the Scottish Parliament while vested legal interests are of a clear persuasion titles should be handed over to the Faculty of Advocates.
Records of titles to the Laigh Hall – Parliament House – Queen Street – ownership stands in the name of “SIDNEY NEIL BRAILSFORD Queen's Counsel, Treasurer of HONOURABLE THE FACULTY OF ADVOCATES Edinburgh, as Trustee and in Trust for said Faculty”. Sidney Brailsford is none other than High Court Judge Lord Brailsford.
Scotland’s current First Minister – Nicola Sturgeon also weighed in on the debate, but only after being asked questions during a session of First Minister’s Questions.
Amid rumours of plans loosely based around the Scottish Government’s desire for “modern justice centres” to one day move the Court of Session out of Parliament House, questions remain on who will ultimately benefit financially from any redevelopment of the imposing, gargantuan buildings which make up Scotland’s top court and power seat of the judiciary.
The sprawling complex of high value, if aging buildings - located in the centre of Edinburgh – are described as “inaccessible” “Victorian” and “unfit for modern court needs” in loose discussions between interested parties and land developers.
However, development possibilities for Parliament House reveal a host of difficulties in turning “an overly ornate set of imposing buildings” into a mixture of office, business and residential units.
Concerns of resistance from the legal profession, elements of the judiciary and a “public outcry” appear to be uppermost in the minds of developers and politicians who may wish to move the judges out of their plush Parliament House headquarters to a “greenfield site”.
In the last few years, ‘improvements’ to Parliament House saw £58 million of taxpayers cash spent on updating the constantly crumbling court buildings - which also house the offices of Scotland’s powerful judicial clique and their top judge – the Lord President, currently Lord Carloway (real name Colin Sutherland).
Some in the legal fraternity have since pointed to the recent multi million pound expenditure on improvements as part of a move to clean up Parliament House before a possible transfer of court staff and court functions and eventual sale of the buildings to the private sector.
It also emerged during hearings at the Scottish Parliament’s Justice Committee in the summer of 2013 - the Scottish Court Service (SCS) – the predecessor to the Scottish Courts and Tribunals Service (SCTS) had previously demanded around £120 million of taxpayers cash be spent on renovating Parliament House.
£60M TO ‘IMPROVE’ PARLIAMENT HOUSE:
In the summer of 2013, Scotland’s top judge Lord Gill – head of the Scottish Court Service Board, and the Scottish Court Service Chief Executive Eric McQueen appeared before MSPs at the Scottish Parliament’s Justice Committee to give evidence on court closures and the millions spent on Parliament House – yet neither the judge nor the Courts chief mentioned their astonishing secret to the MSPs present – that the title to Scotland’s highest court buildings had been swiped by the Faculty of Advocates in a deal on the sly with Scottish Ministers.
During questions from Justice Committee MSPs, SCS Chief Executive Eric McQueen gave evidence on the massive £60 million taxpayer funded spend on Parliament House.
The Court Service Chief told MSPs: “We are just coming to the end of the Parliament house contract; in total, the budget for it was £65 million and I think that we expect the final spend to be in the low £60 millions. The project has been delivered on budget, on time and on quality. How it has been delivered is a tribute to the Scottish Court Service.
McQueen continued: “I will give a potted history of the Parliament house situation. About 10 years ago, a scheme was in place that was going to run to way over £120 million. That was brought to a stop to allow us to reassess things and to consider the best strategy. At the same time, we looked at a business case for moving away from Parliament house altogether and having a development on a greenfield or brownfield site on the outskirts of Edinburgh. The major problem with Parliament house is that it is a grade A listed building and is a site of special historical interest. It should be a landmark building for the whole of Scotland.”
In an intervention, the Convener of the Justice Committee – Christine Grahame MSP said: “I am glad that you did not move to a greenfield site. It would have been a bit like going to B&Q. I do not mean to malign B&Q, but I like the old Parliament house building.”
Eric McQueen replied : “Had the decision been taken to move out of Parliament house, that asset would have been left with the Scottish Government. The infrastructure and the services were shot, and there was no fire certificate in place for the building. It would have cost as much to move out as to redevelop the building. From the point of view of the benefit to the nation and to the Scottish Government's purse, the investment of the £65 million in Parliament house over that five or six year period was quite a sensible business case decision.”
Sitting beside Eric McQueen was Lord President Brian Gill, who did not at any stage of the meeting volunteer information to the Justice Committee in relation to the titles arrangements of Parliament House, despite the multi million pound taxpayer funded refurbishment.
Costs mount for return of Scotland’s top court buildings. AN UNSUCCESSFUL legal action by the City of Edinburgh Council to recover public ownership of Parliament House – the sprawling, high value land estate situated in Edinburgh‘s old town comprising Scotland's top court buildings - has so-far cost taxpayers £52,991 - according to figures released to the media.
The costs of legal advice and other legal services provided to the council, revealed in a Freedom of Information disclosure, list law firm Burness Paul as the largest single expense at £38,726, followed by Counsel’s fees listed as £10,620K and ‘experts’ and other professional fees reaching a total of £2,400 after VAT.
Documents released by the Scottish Government and published by DOI revealed the then Dean of Faculty of Advocates - James Wolffe QC (now Lord Advocate) - refused to give any expectation of success on attempts by Edinburgh Council to recover public ownership of titles to Parliament House and the Laigh Hall.
In one letter dated 2 April 2015 to former Cabinet Secretary for Social Justice Alex Neil MSP – James Wolffe told the Minister he did not object to a meeting between representatives of the City of Edinburgh Council and the Faculty of Advocates. However, Wolffe added to the same letter “At the same time I would not wish to give any expectation to you or the council as to the outcome of any discussion.”
In a separate email to a senior Scottish Government civil servant - James Wolffe added: “I am advised that the of refurbishing the Laigh Hall following the grant of title to the Faculty was £242,270 plus VAT, with professional fees of £33,537 plus VAT.”
The Scottish Courts and Tribunals Service also disclosed their own figures incurred following legal fees in the action against the City of Edinburgh Council regarding the titles of Parliament House, Parliament Hall and the Laigh Hall. The SCTS admitted it had incurred legal costs in respect of advice from solicitors amounted to £4,388.20 and costs of £3,980 in instructing Counsel.
The full listing of Legal Fees to City of Edinburgh Council: Parliament Hall Titles: Burness Paull 38,726.40, Charges/Diligence-Other Registers search fees 108.00, Counsel's fees 10,620.00, Courier Charge 30.90, Court Dues 213.50, Court Officer fees 479.28, Experts/Other Professional fees 2,400.00, Registers Form Reports 60.00, Registers - Copy/Extract Dues 236.40, Registers Direct search fees 21.60, Travel Expenses 94.92, Totals £52,991.00
LAIGH HALL ‘OCCUPIED’ BY FACULTY OF ADVOCATES WITH NO RECORDED TITLES:
In a separate 47 pageFreedom of Information document release byRegisters of Scotland (RoS)– the body charged with registering land ownership in Scotland – several documents highlight Scottish Government civil servants scrambling to protect Ministers from questions over the titles loss in the Scottish Parliament while vested legal interests are of a clear persuasion titles should be handed over to the Faculty of Advocates.
Additionally, the position of the Faculty of Advocates in relation to their ownership claim over the Laigh Hall becomes a little clearer in a chain of correspondence from the Edinburgh law firm of Shepherd and Wedderburn to RoS, which follows on from a letter from Registers of Scotland to a law firm marked “Destroy correspondence after archive”.
In a letter dated 19 January 2006, a solicitor - David A Smith of for Shepherd & Wedderburn appears to admit the Faculty of Advocates “occupied” a key part of Parliament House known as the Laigh Hall, but held no recorded title to it.
Mr Smith writes to Registers of Scotland, stating: The Disposition by The Scottish Ministers is stated to be for no consideration, and as I indicated to you In the course of our telephone conversation, the position with regard to the Laigh Hall is that the Faculty of Advocates has occupied the Laigh Hall for approximately 150 years, and the records of the Faculty indicate that although the Faculty did not have a recorded title to the Laigh Hall, the Senior Officer Bearers of the Faculty in the Nineteenth Century were of the opinion that the Faculty had "undoubted title" to the Laigh Hall.
Parliament House Is in the course of being redeveloped by The Scottish Court Service, and in the course of the redevelopment it became clear to all concerned that The Scottish Ministers did not have a registered title to the whole of Parliament House and it was agreed in the course of discussions between The Scottish Court Service and the Faculty that The Scottish Ministers would register a title to the entire building and they would then grant the Faculty a Disposition of the Laigh Hall in order to regularise the de facto position which has applied since the mid Nineteenth Century.
In the hope that this explanation will be sufficient for your purposes, I look forward to hearing from you with a receipted Form 4 and confirmation that the Registers of Scotland will now process the Faculty's application for registration of its interest on the back of the application which was recently submitted on behalf of The Scottish Ministers in relation to the whole of Parliament House.
The solicitor at Shepherd & Wedderburn acting for the ‘trustee’ for the Faculty of Advocates - David A Smith, was none other than David Alexander Smith - the husband of Court of Session judge Lady Anne Smith.
After his retirement from Shepherd & Wedderburn, David Smith served a term as a board member of the Scottish legal Complaints Commission (SLCC), where he sparked findings by Kevin Dunion - the then Scottish Information Commissioner - who demanded the release of censored comments by Smith targeting victims of corrupt solicitors who came before the pro-lawyer legal regulator.
A disclosure of eighty eight pages of documents released to DOI under Freedom of Information legislation - revealed at the time the Scottish Government had no plans to act over their handing over of the Parliament Hall land titles to the Faculty of Advocates.
And, throughout the documents – which contain communications between civil servants, briefings to Ministers, land reports and letters from Edinburgh City Council asking for meetings, it was clear Scottish Ministers favour leaving the titles to the nation’s top courts with the vested interests of the legal profession.
During an earlier check on the titles to the Laigh Hall – Parliament House – Queen Street – ownership stood in the name of “SIDNEY NEIL BRAILSFORD Queen's Counsel, Treasurer of HONOURABLE THE FACULTY OF ADVOCATES Edinburgh, as Trustee and in Trust for said Faculty”. Sidney Brailsford is none other than High Court Judge Lord Brailsford.
Scottish Government files reveal how court titles were handed over to advocates After a series of briefings with Ministers – involving everyone from the Lord Advocate & Solicitor General to the Cabinet Secretary for Justice, Minister for Legal Affairs and others, a position was adopted by Scottish Ministers “That we confirm to Council officials that it is the Scottish Government's position that title to Parliament Hall was taken by Scottish Ministers in good faith and with the full knowledge and consent of the Council. The Scottish Court Service and Faculty of Advocates therefore have good title to the property and Ministers propose no further action.”
Lawyers for the Scottish Government also sought to distance themselves from the huge £58 million taxpayer funded spend on the Scottish Court buildings – long after titles were handed over to the advocates.
One lawyer stated in an email: “Was the PH [Parliament Hall] refurb about £60m? It went over in the SCS [Scottish Court Service] budgets I think but from my recollection of briefing on their budget it is not easily identifiable within their budget lines. So SCS [Scottish Court Service] spent the money not SG [Scottish Government]?”
In another memo, it is revealed Edinburgh City Council may be compelled to take legal action to recover the titles and details an example of how Common Good land disputes have affected legislation in the past.
As previously reported, Scotland’s First Minister Nicola Sturgeon has already given her blessing to the multi million pound title handover freebie to the Faculty of Advocates. The First Minister claimed there was “no easy solution to the issue of restoring title to the City of Edinburgh Council”. The First Minister’s response to a question from Green Party MSP Alison Johnstone during First Minister’s Questions, follows:
Official Report of debate: Alison Johnstone (Lothian) (Green): It transpired this week that the 17th century old Parliament hall in Edinburgh was transferred from the collective ownership of my constituents to Scottish ministers without knowledge or recompense to the common good fund.
The City of Edinburgh Council failed in its role as steward of the fund, but is now seeking to resolve the situation. Can the First Minister assure my constituents that any requests from the council to restore ownership of that common good asset to the council will be considered seriously and favourably?
The First Minister - Nicola Sturgeon: I will briefly state the background to this issue, of which I am sure that Alison Johnstone is aware.
The Scottish Government’s position is that title to Parliament hall was taken by Scottish ministers in good faith, and that that was done with the full knowledge and consent of the council. The Scottish Courts Service and the Faculty of Advocates, therefore, have now got good title to that property.
Of course, I am more than happy to ask the relevant minister, Marco Biagi, to; meet and discuss the matter with the City of Edinburgh Council, but as far as I can see there is no fault here on the part of the Scottish Government.
Further, of course, title has since been passed on, so it may very well be that there is no easy solution to the issue of restoring title to the City of Edinburgh Council. I think that any questions on how the situation has arisen probably have to be directed to the council.
New Lord Advocate’s role in Parliament House titles fiasco.DOCUMENTS obtained from the Scottish Government reveal Scotland’s new Lord Advocate - James Wolffe QC – refused to give expectations of any success on efforts by the City of Edinburgh Council to recover public ownership of titles to Parliament House and the Laigh Hall.
Emails from James Wolffe to the Scottish Government also claim the Faculty of Advocates spent £320K on legal costs and work refurbishing the Laigh Hall – which Edinburgh City Council contend was wrongly taken from public ownership.
The series of exchanges between the former Dean of the Faculty of Advocates and Scottish Ministers in relation to the loss of public ownership of Scotland’s top court buildings - came to light in papers released by the Scottish Government in response to a Freedom of Information request.
In one letter dated 2 April 2015 to Alex Neil MSP - the then Cabinet Secretary for Social Justice – James Wolffe told the Minister he did not object to a meeting between representatives of the City of Edinburgh Council and the Faculty of Advocates.
However, Wolffe added to the same letter “At the same time I would not wish to give any expectation to you or the council as to the outcome of any discussion.”
The long time lawyer & QC – recently selected by First Minister Nicola Sturgeon as Scotland’s latest Lord Advocate - also felt confident enough to pass along details of the financial costs of ‘refurbishing’ the Laigh Hall - which the City of Edinburgh Council maintained were part of the common good & therefore owned by the council.
In a separate email to a senior Scottish Government civil servant - James Wolffe added: “I am advised that the of refurbishing the Laigh Hall following the grant of title to the Faculty was £242,270 plus VAT, with professional fees of £33,537 plus VAT.”
Responding to Wolffe’s claim the Faculty of Advocates paid out over £320K on refurbishing parts of buildings formerly in public ownership - an individual at the Scottish Government whose identity has been censored in the released documents – made light of further coverage of the Parliament House fiasco in the Scottish media.
In a further email, Wolffe alerted the secretive Scottish Government contact to additional coverage, pointing to an article written by Martin Hannan in The National, titled “Edinburgh asks: Can we have Parliament House back, please?”
Meanwhile, unredacted sections of legal advice given by the Scottish Government’s own lawyers to Scottish Ministers revealed in the documents state the following:
• The Scottish Court Service (SCS) is the current proprietor and occupier of Parliament House.
Consequently it is that independent body (and not the Scottish Ministers) that would have to agree to a voluntary transfer of its title to the local authority. We don't know what view the Lord President would be likely to take on that matter and whether he would agree to the transfer in circumstances where the public body has a valid title. He may, for example, be influenced by the fact that the SCS has recently undertake a major refurbishment of the building complex at a cost of around £58 million.
• The finance position is complex. SCS holds a valid title and will have accounted for bot the property and the recent refurbishment works in its accounts: Whilst a transfer to the council would retain the property in public ownership, there are tricky issues around accounting and public finance rules t at would require further investigation.
• Although neither a legal nor financial impediment, the title position is very complex. Parliament House is not one building but rather a number that are stitched together, built down the centuries. it is not clear whether the entire property was, and remained, part of the Common Good Fund when Scottish Ministers registered a title. This may be relevant when considering whether or not it would be appropriate to transfer the entire property. My understanding is that it would be an expensive exercise to undertake any further examination of the title and it is unlikely that it would in any event achieve any greater clarity.
• The Faculty of Advocates holds a registered title to the Laigh Hall. It mayor may not agree to a voluntary transfer, and if they were inclined to do so, we don't know upon' what basis.
As ministers sought to arrange meetings and seek views on the subject, Lord Brian Gill – then Lord President – wrote to Alex Neil MSP, asserting “this matter is best dealt with at official level”
Gill said he would ask Eric McQueen - Chief Executive of Scottish Courts and Tribunals Service, to meet with officials of the Council.
However, after a year of fruitless negotiations between council officials, the Scottish Government, and other parties, the City of Edinburgh Council served writs on Scottish Ministers, the Keeper of the Registers and the Scottish Courts & Tribunals Service on 25 November 2015.
The action by the council - seeking declarator that the City of Edinburgh Council is the owner of Parliament House, High Street, home of the Court of Session – has since been abandoned.
In response to media enquiries, the Scottish Courts and Tribunals Service confirmed the council’s legal action had ceased, and said : “SCTS holds legal title to Parliament House.”
A disclosure of eighty eight pages of documents released to DOI under Freedom of Information legislation - revealed at the time the Scottish Government had no plans to act over their handing over of the Parliament Hall land titles to the Faculty of Advocates.
And, throughout the documents – which contain communications between civil servants, briefings to Ministers, land reports and letters from Edinburgh City Council asking for meetings, it was clear Scottish Ministers favour leaving the titles to the nation’s top courts with the vested interests of the legal profession.
During an earlier check on the titles to the Laigh Hall – Parliament House – Queen Street – ownership stood in the name of “SIDNEY NEIL BRAILSFORD Queen's Counsel, Treasurer of HONOURABLE THE FACULTY OF ADVOCATES Edinburgh, as Trustee and in Trust for said Faculty”.
Sidney Brailsford is High Court Judge Lord Brailsford.
Scottish Government files reveal how court titles were handed over to advocates After a series of briefings with Ministers – involving everyone from the Lord Advocate & Solicitor General to the Cabinet Secretary for Justice, Minister for Legal Affairs and others, a position was adopted by Scottish Ministers “That we confirm to Council officials that it is the Scottish Government's position that title to Parliament Hall was taken by Scottish Ministers in good faith and with the full knowledge and consent of the Council. The Scottish Court Service and Faculty of Advocates therefore have good title to the property and Ministers propose no further action.”
Lawyers for the Scottish Government also sought to distance themselves from the huge £58 million taxpayer funded spend on the Scottish Court buildings – long after titles were handed over to the advocates.
One lawyer stated in an email: “Was the PH [Parliament Hall] refurb about £60m? It went over in the SCS [Scottish Court Service] budgets I think but from my recollection of briefing on their budget it is not easily identifiable within their budget lines. So SCS [Scottish Court Service] spent the money not SG [Scottish Government]?”
In another memo, it is revealed Edinburgh City Council may be compelled to take legal action to recover the titles and details an example of how Common Good land disputes have affected legislation in the past.
As previously reported, Scotland’s First Minister Nicola Sturgeon has already given her blessing to the multi million pound title handover freebie to the Faculty of Advocates. The First Minister claimed there was “no easy solution to the issue of restoring title to the City of Edinburgh Council”. The First Minister’s response to a question from Green Party MSP Alison Johnstone during First Minister’s Questions, follows:
Official Report of debate: Alison Johnstone (Lothian) (Green): It transpired this week that the 17th century old Parliament hall in Edinburgh was transferred from the collective ownership of my constituents to Scottish ministers without knowledge or recompense to the common good fund.
The City of Edinburgh Council failed in its role as steward of the fund, but is now seeking to resolve the situation. Can the First Minister assure my constituents that any requests from the council to restore ownership of that common good asset to the council will be considered seriously and favourably?
The First Minister - Nicola Sturgeon: I will briefly state the background to this issue, of which I am sure that Alison Johnstone is aware.
The Scottish Government’s position is that title to Parliament hall was taken by Scottish ministers in good faith, and that that was done with the full knowledge and consent of the council. The Scottish Courts Service and the Faculty of Advocates, therefore, have now got good title to that property.
Of course, I am more than happy to ask the relevant minister, Marco Biagi, to; meet and discuss the matter with the City of Edinburgh Council, but as far as I can see there is no fault here on the part of the Scottish Government.
Further, of course, title has since been passed on, so it may very well be that there is no easy solution to the issue of restoring title to the City of Edinburgh Council. I think that any questions on how the situation has arisen probably have to be directed to the council.
