CRIME SECRET: Crown Office flouting of Freedom of Information laws results in intervention by Information Commissioner - as Police, Prosecutors & Scottish Ministers obstruct public interest disclosures

Crown Office investigated over disclosure delays. PROSECUTORS based at the Crown Office & Procurator Fiscal Service (COPFS) in Edinburgh have become so resistant to Freedom of Information legislation - officials at the £110m a year public body have in some cases, taken up to six months to reply to Freedom of Information requests.

Details of the delays – which some contend were deliberate - came to light in documents disclosed by the Scottish Information Commissioner (SIC) – Rosemary Agnew – who has been forced to conduct a number of ‘interventions’ with public bodies across Scotland after serious failures in adherence to Freedom of Information legislation came to light.

Details released by the SIC - Public bodies subject to interventions by Information Commissioner - reveal in one of the ten interventions conducted by the SIC since September 2015 - the Crown Office was investigated for multiple and lengthy delays of many months per request in responding to Freedom of Information requests.

The secretive, almost unaccountable public body currently run by Lord Advocate Frank Mulholland - which manages criminal prosecutions across Scotland is now subject to monthly monitoring as a result of the SIC’s investigations and meetings between senior staff from the Scottish Information Commissioner’s office and the Crown Office.

A document obtained from the SIC states: “Head of Enforcement (HOE) and Deputy Head of Enforcement (DHOE) met with COPFS 8/1/16 to highlight issues. Agreed to meet in 07/16 to discuss progress. HOE also reviewing COPFS procedures. COPFS subject to monthly performance monitoring.”

Allegations have since been raised by journalists a deliberate policy of delay was being orchestrated by COPFS staff in relation to FOI requests

And, in a sinister move by prosecutors - a number of enquiries to the Crown Office in relation to requests for media statements on activities including large fraud investigations involving individuals and accused persons known to have links to Crown Office personnel – have resulted in reporters being denied media quotes and told to turn their communications into FOI requests.

Monitoring of how the Crown Office complies with FOI legislation comes at an unwelcome time for prosecutors, after it was revealed Crown Office staff & prosecutors have been charged with serious criminal offences, reported here:  CROWN CROOKED: Crown Office crime files reveal Scotland’s Prosecutors & staff charged with Drugs crimes, Police assault, threats & perverting the course of justice.

A number of other public bodies are named in the documents including, Police Scotland, Scottish Ministers, the Scottish Fire and Rescue Service, NHS Scotland Loch Lomond and The Trossachs National Park Authority & Falkirk Council.

In the data release it is revealed Police Scotland scored the most number of interventions from the Scottish Information Commissioner’s office, totalling three interventions at various levels.

In one case, details release by the Scottish Information Commissioner reveal Police Scotland maintained a practice of sending out locked pdf documents with security protocols forbidding their printing.

A file disclosed by the SIC in response to an FOI request stated: “Asked Police Scotland to change its practice and stop sending us (and applicants) locked pdf documents, which can't be printed out.. We are still waiting for an accessible copy of a document required for case 201501763.”

“Police Scotland has raised the issues of locked documents and undated letters internally.” The issue is subsequently referred to as: “Issue resolved”.

In a Level two intervention with Police Scotland, files released by the Scottish Information Commissioner reveal details of Police Scotland’s information publication scheme.

The SIC asked Police to conduct a “Review of publication scheme (guide to information) from time to time. Proactive publication in the public interest.”

Police Scotland was then “Asked to review guide to information due to broken links etc. and currency of information.”

From information now made public by the SIC, the issue was raised with Police Scotland on 12/11/16 and a reminder issued on 18/02/16. The SIC appears to be awaiting an outcome.

In one of two interventions with the Scottish Government, documents disclosed by the SIC revealed there was a concern at the lack of knowledge of Freedom of Information at the Scottish Government.

Details of the level one intervention with Scottish Ministers revealed: “Meeting with the Office of the Office of the Chief Researcher, instigated by them. Recorded as a level 1 intervention as concerns about level of FOI knowledge within major area of Government.”

“Note of the meeting is on file.Practice areas:- who is covered by FOI. Seemed unaware that Universities are- Section 60 Code IRO contracts and procurement- sections 27, 33 and 36 specifically.”

Power to Intervene:

Powers granted to the Commissioner by the Freedom of Information (Scotland) Act (FOISA) allow the Scottish Information Commissioner to intervene where it is identified that an authority’s practice is or may be: (i) in breach of its statutory duties under the Freedom of Information (Scotland) Act 2002 (FOISA) and/or the Environmental Information (Scotland) Regulations 2004 (the EIRs); (ii) falling short of Government guidance, particularly the Section 60 Code.

Anyone who makes a Freedom of Information request to a public authority can request an intervention by the Scottish Information Commissioner, if the public authority in question does not adhere to FOI legislation.

The SIC’s website states: “All interventions will be appropriate and proportionate, and based on robust and accurate evidence.The term “Intervention” covers a range of activities: from providing advice and assistance to authorities in relation to good practice, to formal enforcement action carried out under the Commissioner’s Enforcement Policy.”

Levels of interventions conducted by the Scottish Information Commissioner:

Level 1: These are minor failures to follow good practice. In these cases, we will provide informal advice and assistance to authorities, pointing out the failure and suggesting remedial action. In such cases, individual officers are empowered to give advice to authorities if a relevant failing is identified as a result of an application or enquiry to us and to decide what follow-up action is required.

Level 2: These are ongoing failures by an authority to follow good practice in a specific area of practice. In these cases, an appropriate manager (DHOE, HOE, HOPI or the SIC) will contact the authority to discuss the issues and suggest remedial action. Level 2 interventions will require follow-up contact with the authority to ensure that appropriate action has been taken.

Level 3: These are more serious or systemic failings which have been identified and we do not consider the issue can be rectified without requiring the authority to put in place an action plan to address the issue. In such cases we may invite an authority to carry out a self- assessment using one or more of the modules in our self-assessment toolkit.

Level 4: These are when an authority consistently fails or refuses to comply with FOISA, the EIRs or statutory guidance despite previous interventions by us. In these cases, we may issue (or give warning of our intention to issue) a practice recommendation in terms of section 44 of FOISA specifying the steps that an authority must take in order to conform with its duties under Government guidance. Alternatively, we may issue (or give warning of our intention to issue) an enforcement notice under section 51 of FOISA requiring an authority to take specified steps to comply with Part 1 of FOISA or with the EIRs. We may also decide to carry out an on-site assessment of an authority’s arrangements for handling information requests.

PURGE LAW: ‘Reform minded’ Legal complaints chief ousted for Law Society insider as solicitors regulatory body retakes control of ‘independent’ Scottish Legal Complaints Commission

Law Society’s Neil Stevenson retakes complaints quango for lawyers.THE LEGAL profession’s definition of ‘independence’ took a full turn yesterday as the ‘independent’ Scottish Legal Complaints Commission (SLCC) and the Law Society of Scotland announced long time Law Society insider Neil Stevenson is to be the SLCC’s latest Chief Executive, replacing former Foreign Office careerist Matthew Vickers who took on the role in June 2012.

Stevenson’s appointment to the tarnished position as head of the pro-lawyer anti-client SLCC – created in 2008 and at a staggering cost since to Scots clients of over £20 million in complaints levies paid by solicitors and recovered via legal fees to clients – comes after widely reported evidence showing the SLCC has failed to live up to expectations of dealing with rising numbers of rogue solicitors who rip off their clients.

And, the Law Society’s decision to retake control of the ‘independent’ SLCC by placing one of their own in charge also comes after a challenging year for self regulation of the legal profession – left reeling from the effects of the damaging BBC Scotland investigation “Lawyers Behaving Badly” -  which blew the mask off lawyers investigating their own and legal aid fraud.

For the past fifteen months since the BBC programme aired in January 2014,  the Law Society have demanded significant changes at the SLCC after concluding the hapless complaints quango – staffed mostly by former Law Society insiders – failed to stand up for lawyers during the BBC Scotland investigation.

And, earlier this year, further friction between the two legal regulators emerged when the SLCC criticised a rigged poll organised and funded by the Law Society which claimed solicitors are ‘well liked’.

Articles on the client satisfaction poll - published in some media outlets were written by the Law Society’s own president Alistair Morris in which the Law Society President extolled the virtues of lawyers, backed up with dodgy statistics.

However the full extent of how the poll had been rigged -  featured in an investigation by DOI reported here: OWNED POLL: Law Society ‘scripted’ survey criticised by Scottish Legal Complaints Commission - new data reveals few clients of dodgy lawyers ask legal regulators for help

Another twist to the friction between the SLCC & Law Society emerged after it was revealed a series of communications between the SLCC and law reformers brought about a tipping point forcing Law Society bosses to act.

The communications - which fell into the hands of the Law Society - ‘in real time’ – appear to have helped the decision to force out the then SLCC CEO – Matt Vickers – who stood down out of the blue earlier this year to pursue a career at Ombudsman Services, reported here: GONE MEDIATIN’: Pro-lawyer legal regulator loses another CEO as Matthew Vickers leaves Scottish Legal Complaints Commission for Ombudsman Services role

The replacement of an outsider with a Law Society insider as head of the SLCC have led to further suggestions the anti-consumer quango can do nothing without a say so from the Law Society.

In an announcement the SLCC said yesterday: The Scottish Legal Complaints Commission, the independent body for complaints against solicitors, advocates and other legal practitioners in Scotland, has announced the appointment of Neil Stevenson as its new Chief Executive Officer.

Neil Stevenson has been with the Law Society of Scotland since 2004.  He is currently the Society’s Director of Representation and Professional Support.  He will be joining the Commission in mid-July.

As the new CEO Neil’s priorities will be to drive the full implementation of the SLCC’s strategy – to provide an excellent complaint resolution service for legal complaints in Scotland, to provide guidance on service standards to the profession and consumers and to raise the confidence in the legal profession in Scotland.

Bill Brackenridge, Chair of the SLCC welcomed the appointment. He said : “I am delighted to welcome such an accomplished professional to the Commission; he will inspire our staff to deliver their challenging role and move the Commission to a higher level.

Neil Stevenson, the new CEO said “I have thoroughly enjoyed my time with the Law Society and am grateful to have all the opportunities and challenges afforded to me.  I am looking forward to joining the SLCC and working with the staff to deliver some very challenging objectives.”

The Society's chief executive, Lorna Jack commented: "I am delighted for Neil and congratulate him on his appointment. As someone who understands the legal profession and with his passion, good judgment and positive attitude, I know Neil is going to make an outstanding contribution as SLCC chief executive.”

Jack continued: "Whilst I am sorry to lose Neil from the Law Society, we will benefit from his hard work for many years to come. In his time as director of representation, he has helped to transform the range of services and support we offer the profession. He has championed our innovative new Smartcard project, ensured we remain a leader on equality and diversity, and has helped develop our new long term strategy. All of us at the Law Society are grateful for everything he has done.

"I am now looking forward to working with Neil in his new role. The relationship between the Law Society and the SLCC has improved greatly over the last few years. Given the specific roles we play in the regulation of solicitors, this has been important, particularly for the public who depend on both of our organisations to work together to protect their interests."

The current biography of Neil Stevenson on the Law Society of Scotland’s website says: “Neil joined the education team of the Society in 2004, having previously worked on medical and dental training for NHS Education for Scotland. He holds an Edinburgh law degree and a masters in management, and has previous experience in the oil and gas sector and management research. Neil is responsible for the confidential helpline service provided by the solicitors in professional practice and for the provision of CPD to the profession through Update. The professional support team focuses on ensuring the Society listens to and learns from its members, campaigns on their behalf, and provides support services to individuals and firms. He is a director of both the independent charity LawCare and the Scottish Arbitration Centre.”

Stevenson’s directorship of “Law Care” – a charity set up by the legal profession to help and defend solicitors who have been found out for ripping off their clients – will be of interest to clients who end up in the unenviable position of having to approach the SLCC to make a complaint about their solicitor. The charity has filed numerous reports with the pro-lawyer SLCC & Law Society Complaints Committees - pleading for corrupt solicitors to be let off the hook on everything from embezzlement to faking up paperwork.

Stevenson’s directorship of the Scottish Arbitration Centre may also put him in conflict of interest with SLCC policy of forcing complainants into the murky world of arbitration – where clients who are ripped off for large sums of cash by their solicitor end up with only a pittance in return. The Scottish Arbitration Centre - started by the Scottish Government and backed by lawyers, is a sponge for taxpayers cash and international trips by lawyers & former judges who are trying to promote Scotland’s tarnished legal sector as a haven for international mediation.

REVOLVING DOOR OF LEGAL REGULATOR CHIEF EXECUTIVES:

The post of the SLCC’s Chief Executive has seen considerable controversy since the legal quango was created in 2008. Now, eight years on and five Chief Executives later, the SLCC is looking for another boss to steer it through troubled waters and continuing accusations of pro-lawyer bias.

MacAskill as Justice Secretary backed secret payoff for ‘too ill to work’ former Chief Executive. The SLCC’s first ‘appointed’ Chief Executive - Eileen Masterman - held the role for less than a year, negotiated a secret, substantial payoff backed personally by the Justice Secretary Kenny MacAskill, and resigned from her role at the SLCC on grounds of “ill health”. Eileen Masterman then returned to work for her former employer - the Scottish Public Services Ombudsman (SPSO) as a “complaints reviewer”, and was accused of whitewashing the circumstances of the death of a baby at the NHS Forth Valley Hospital – reported by Diary of Injustice & the Sunday Mail newspaper here : Deputy First Minister to look into death of baby McKenzie Wallace after parents complain of ‘whitewash’ report by SPSO investigator Eileen Masterman

The SLCC’s first Chief Executive – civil servant Richard Smith - resigned from the role after disagreements about how the SLCC would act as a regulator. Mr Smith was then replaced by another civil servant before Mrs Masterman was eventually appointed as the first ‘official’ CEO.

Concluding a turbulent few months which saw exchanges of letters between current Deputy First Minister John Swinney and Masterman over claims and counter-claims about the Master Policy – reported here: SLCC’s Eileen Masterman resigns, questions remain on attempt to mislead Cabinet Finance Chief John Swinney over secret meetings with insurers Marsh’ Masterman stood down from the SLCC – which by that time had suffered significant reputational damage.

After a speedy recruitment round, Rosemary Agnew then became the SLCC’s fourth Chief Executive, reported here: The £80K job no-one wants : Lawyers lobby seek FIFTH time unlucky Chief Executive for Scottish Legal Complaints Commission role. However Ms Agnew later resigned to take up the post of Scottish Information Commissioner in early 2012.

The SLCC’s current and now outgoing CEO Matthew Vickers took on the role in June 2012, reported here: “Customer Service” main focus for Ex-Foreign Office Consul taking over as FIFTH Chief Exec at ‘anti-consumer’ Scottish Legal Complaints Commission.

GONE MEDIATIN’: Pro-lawyer legal regulator loses another CEO as Matthew Vickers leaves Scottish Legal Complaints Commission for Ombudsman Services role

Matthew Vickers, CEO of law regulator resigns for mediation post. TROUBLED regulator of solicitors - the Scottish Legal Complaints Commission (SLCC) has announced the resignation of yet another Chief Executive - Matthew Vickers - who steps down in March 2015 for a post in the world of big business mediation.

Mr Vickers, who took on the CEO role at the SLCC during summer of 2012 after the ‘independent’ regulator had lost several bosses over a four year span - is leaving to take up the post of Deputy Chief Ombudsman at Ombudsman Services - a not-for-profit organisation which provides independent dispute resolution for the communication, energy and property sectors.

Commenting on the resignation SLCC chair, Bill Brackenridge said: “We are grateful to Matt for his leadership and contribution since he joined the SLCC as CEO in June 2012. He and the management and staff have worked hard to make the SLCC a more efficient, effective and influential organisation. We are now well established as an independent and impartial body. Of course, we recognise that there is a great deal of work to be done and we have started our search to find a CEO who will help us to tackle it."

The overly pro-lawyer, anti-consumer SLCC – frequently accused of bias towards solicitors over poor handling client complaints has cost clients a staggering £18 million since it was created in 2008 with an extra £2million of taxpayers money handed over by the Scottish Government.

The cost of running the SLCC is  met by a complaints levy of around £300 a year, paid by solicitors who then go on to recover the levy through hikes in legal fees to clients.

In the eight years since the SLCC has existed, not one rogue solicitor or law firm has been named & shamed by the poorly constituted regulator – once touted as the key to cleaning up the poor and often corrupt reputation of legal services in Scotland.

Over the years, the regulator has been subject to numerous scandals, ranging from board members drunken jibes against victims of rogue lawyers, to accusations it failed to use powers to monitor damages claims made in the courts by financially ruined clients against the Law Society’s Master Insurance Policy.

A report commissioned by the SLCC on the Master Policy revealed clients were not getting a fair deal from the Law Society's ‘crooked lawyer’ compensation scheme, and that clients had committed suicide after not being able to repair the damage to their lives caused by their solicitors. However nothing has been done by the SLCC on this matter since the report came out in 2009, reported here: Suicides, illness, broken families and ruined clients reveal true cost of Law Society's Master Policy which 'allows solicitors to sleep at night'

The SLCC’s latest annual report for 2013-2014 claimed the regulator had awarded a record £365K in compensation to clients who filed complaints about rogue Scots lawyers.

However an analysis of the figures revealed the SLCC only used its powers to nullify fees to clients on two occasions in the past year, raising questions as to why the Scottish Legal Complaints Commission continues to solicitors found guilty of providing poor legal services to demand fees from clients even after ruining their legal interests.

REVOLVING DOOR OF LEGAL REGULATOR CHIEFS:

The post of the SLCC’s Chief Executive has seen considerable controversy since the legal quango was created in 2008. Now, eight years on and five Chief Executives later, the SLCC is looking for another boss to steer it through troubled waters and continuing accusations of pro-lawyer bias.

MacAskill as Justice Secretary backed huge secret payoff for ‘too ill to work’ former Chief Executive. The SLCC’s first ‘appointed’ Chief Executive - Eileen Masterman - held the role for less than a year, negotiated a secret, substantial payoff backed personally by the Justice Secretary Kenny MacAskill, and resigned from her role at the SLCC on grounds of “ill health”. Eileen Masterman then returned to work for her former employer - the Scottish Public Services Ombudsman (SPSO) as a “complaints reviewer”, and was accused of whitewashing the circumstances of the death of a baby at the NHS Forth Valley Hospital – reported by Diary of Injustice & the Sunday Mail newspaper here : Deputy First Minister to look into death of baby McKenzie Wallace after parents complain of ‘whitewash’ report by SPSO investigator Eileen Masterman

The SLCC’s first Chief Executive – civil servant Richard Smith - resigned from the role after disagreements about how the SLCC would act as a regulator. Mr Smith was then replaced by another civil servant before Mrs Masterman was eventually appointed as the first ‘official’ CEO.

Concluding a turbulent few months which saw exchanges of letters between current Deputy First Minister John Swinney and Masterman over claims and counter-claims about the Master Policy – reported here: SLCC’s Eileen Masterman resigns, questions remain on attempt to mislead Cabinet Finance Chief John Swinney over secret meetings with insurers Marsh’ Masterman stood down from the SLCC – which by that time had suffered significant reputational damage.

After a speedy recruitment round, Rosemary Agnew then became the SLCC’s fourth Chief Executive, reported here: The £80K job no-one wants : Lawyers lobby seek FIFTH time unlucky Chief Executive for Scottish Legal Complaints Commission role. However Ms Agnew later resigned to take up the post of Scottish Information Commissioner in early 2012.

The SLCC’s current and now outgoing CEO Matthew Vickers took on the role in June 2012, reported here: “Customer Service” main focus for Ex-Foreign Office Consul taking over as FIFTH Chief Exec at ‘anti-consumer’ Scottish Legal Complaints Commission.

STOP SECRETS: Scottish Court Service staff switched travel destinations of Lord Justice Clerk from UK to Ireland in bid to avoid Freedom of Information row

Court staff switched details of Lord Carloway visit  AN INVESTIGATION by the Scottish Information Commissioner into false & misleading data released by the Scottish Court Service has received evidence court officials hurriedly switched the travel destinations of Scotland’s second most powerful judge – the Lord Justice Clerk Lord Carloway, after journalists queried an FOI disclosure, asking for further details of a journey.

The switch of Lord Carloway’s destination during a trip taken in March 2014 – from Bristol - a city within the UK, to Dublin – capital of the Republic of Ireland, only came about after court staff realised they had previously claimed to journalists, and more recently to the Scottish Information Commissioner, the SCS did not hold data on judges trips inside the UK.

Staff at the Scottish Court Service maintained that to find the information on UK only travel – for the past year, the work would cost over £600, arguing the SCS were therefore under no obligation to disclose the data which included destinations and costs of the taxpayer funded trips of judges around Scotland and the rest of the UK.

Lord Justice Clerk Lord Carloway, the deputy head of Scotland’s justice system - who earns £207,730 a year, was listed in papers released by the Scottish Court Service: Overseas Travel of Scotland’s Judges 2013-2014 as having taken three taxpayer funded trips in the past year – a six day trip to Vancouver, Canada costing £5,820.16, a two day trip to Dijon, France, with a claimed cost of £59.15 and a two day trip initially listed as Evidence & Procedure Review Study Visit costing £232.93.

The Scottish Court Service was then contacted by journalists who asked officials to provide a destination of Lord Carloway’s Evidence & Procedure Review Study Visit. In response, a senior SCS official said “Lord Carloway attended the event in Bristol.”

When journalists again contacted the Scottish Court Service asking why one domestic UK trip had seemingly been disclosed when court officials claimed it was too expensive to publish the UK only trips, the same official replied “I queried this with the Judicial Office for Scotland who have asked me to pass on their apologies.  Lord Carloway actually attended the event in Dublin and not in Bristol.  It appears to be a miss-communication on their part.”

The Judicial Office for Scotland also became involved in attempts to set the FOI record straight, however an email from the Judicial Office concluded “we have checked the information that we provided and we have nothing further to add.”

Lord Carloway’s travels and the journeys of other Scottish judges including a State visit by Scotland’s top judge - Lord Gill - to Qatar, were featured in papers disclosed by the SCS and published here : LORD JET SET: Scotland’s top judge Lord Gill takes 5 day STATE VISIT to Qatar as investigation reveals judiciary's international travel junkets spree.

Judicial Air Miles at taxpayers expense. Curiously, a further five trips to destinations in the Republic of Ireland - undertaken by Lord Brailsford, Sheriff Wendy Anne Sheehan, Sheriff Frank Crowe, Sheriff Nicola Stewart, and Sheriff Thomas McCartney to the Four Jurisdictions Family Lawyers Conference, also had no destination listed in the papers published by the Scottish Court Service in response to the FOI request.

The family law conference - where the group of judges stayed for several days took place at luxury Carton House hotel and spa in Co Kildare where the itinerary included a black tie gala dinner and optional round of golf on the hotel's course.

Now, it can be revealed the misleading information provided by the Scottish Court Service on Lord Carloway’s trip along with other erroneous claims relating to judges trips, has been under investigation since early August by officials based at the Scottish Information Commissioner’s office in St Andrews, Fife.

A submission provided by a journalist to SIC officials investigating the case states: “The feeling I am left with, as any reasonable person would be left with, is that the SCS tried to conceal information which rightly should be disclosed under FOI or in any case, should be in the public domain so members of the public can see for themselves the significant expenditures of public funds on members of the judiciary who travel round the UK and the world.

Information is already published on judicial travel & expenses claims on the Judiciary of Scotland’s website, it cannot be much of an effort to add the actual destination to what is already published so why the refusal to hand over the judiciary's UK travel information.

The effort the SCS has expended on this matter, together with arguments against disclosure, errors, correcting them etc could well have been put to better use by being honest in the first place and disclosing the information sought on what is after all, a small judiciary with a limited number of courts and duties. After all, the SCS with their huge annual budget, have also just spent about £60 million on repairing the Court of Session & Parliament House – and they cant even get an FOI right or accurate details on the travels of their top judges ?”

Speaking to Diary of Injustice this morning, a legal insider said: “The conduct of those involved appears to indicate the destinations to Ireland were deliberately withheld by the Scottish Court Service or the Judicial Office because of the proximity of Ireland to the United Kingdom. It would not be unreasonable to expect disclosure of UK travel destinations given the SCS already collects data of judicial trips to Ireland.”

A decision in the investigation is expected to be published in due course by the Scottish Information Commissioner, Rosemary Agnew.

PROFILE: LORD CARLOWAY

Lord Carloway was appointed a Judge in February 2000 and was appointed to the Second Division of the Inner House in August 2008. He is a graduate of Edinburgh University (LLB Hons) and was admitted to the Faculty of Advocates in 1977. He served as an Advocate Depute from 1986 to 1989 and was appointed Queen’s Counsel in 1990. From 1994 until his appointment as a Judge he was Treasurer of the Faculty of Advocates.

He is an assistant editor of ‘Green’s Litigation Styles’ and contributed the chapters on ‘Court of Session Practice’ to the Stair Memorial Encyclopaedia and ‘Expenses’ in Court of Session Practice. Lord Carloway was the joint editor of ‘Parliament House Portraits: the Art Collection of the Faculty of Advocates’ and is a former president of the Scottish Arts Club.

In response to the case of Cadder v HM Advocate and its implications in Scotland, Justice Secretary Kenny MacAskill appointed Lord Carloway to undertake a now widely known review of Corroboration - a long held safeguard against miscarriage of justice in Scots law where evidence in a criminal trial is required from two separate sources for a conviction.

Justice Secretary Kenny MacAskill and the Scottish Government had embarked on a policy to abolish the safeguard from Scots law in an effort to ensure the Crown Office obtained more convictions – even when the evidence was not there or sloppy casework by prosecutors ended up in failed criminal trials.

Lord Carloway’s report agreed with Mr MacAskill & Crown Office campaigners that corroboration should be removed, however all other remaining judges including Scotland’s top judge the Lord President Lord Gill rightly opposed the removal of corroboration. The full Carloway Review can be read online here: Carloway Review Report & Recommendations 2011 along with the Executive Summary and Lord Carloway's statement

SECRET SCOTS : FOI Chief Rosemary Agnew voices transparency concerns as Scottish Public Authorities fail on Freedom of Information requests

Information Commissioner Rosemary Agnew raises concerns over FOI failures. SCOTTISH Public Authorities are failing to respond to Freedom of Information requests on time, says Scotland's Information Commissioner Rosemary Agnew in her 2012-2013 Annual Report published today. The report reveals a 14% rise in appeals to the Scottish Information Commissioner’s office during the last year with 27% of those cases relating to failures by public authorities to respond to FOI requests.

Speaking at the launch of her Annual Report, Commissioner Rosemary Agnew revealed that there was a 14% rise in appeals to her office in 2012/13, and that 27% of those appeals related to a failure by the public authority to respond. This is the highest proportion of such appeals to date. Under Scottish FOI law, public authorities have a legal duty to respond to the requests they receive within 20 working days.

The publication of the report coincides with new research which reveals that only 49% of the Scottish public are confident that they would receive an FOI response within 20 working days, with only 10% stating that they would be "very confident" of a response.

Information Commissioner Rosemary Agnew said: "These findings concern me. Eight years on from the introduction of FOI, we would expect authorities to be more effective at handling requests, not less so. When they don't respond, authorities fail to respect people's legal rights to information: information which can be extremely important to individuals and communities. By contrast, authorities that perform well take a customer focussed approach, respond promptly and engage with requesters.

"A failure to respond can also harm public perception of FOI. While many FOI requests are answered on time and a lot of information is provided, the research findings reveal that this is certainly not the public's perception.

"Scottish public authorities that are falling short should take steps to address their performance as an immediate priority. In doing so, they should also remember that failing to respond doesn't make requests go away, but just creates unnecessary extra work and increases costs. Failure to respond generates complaints, review requests, and appeals to my office, and damages a public authority's reputation. The most efficient option is to get it right first time."

As those who make FOI requests and many in the media will know, some of the most persistent offenders in Scotland are local authorities, Departments of the Scottish Government, NHS Scotland trusts and others all eager to cover up internal scandals, the persisting, endemic jobs for the boys culture, the pernicious abuse of vulnerable individuals and widespread waste of public funds including large, sometimes secret pay-outs to top public officials the details of which only emerge after months of wrangling over the terms of FOI replies, requests for reviews and a possible appeal to the Information Commissioner.

Key public authorities in charge of the justice system are well known to journalists as some of the worst offenders, which include Scotland’s prosecution service the Crown Office & Procurator Fiscal Service (COPFS) who appear to be operating a policy of regular delay in response to FOI requests.

It has been found in many cases brought to the attention of the media that Crown Office staff have persistently engaged in expanding the required time to reply to FOI requests by weeks, even months in some cases, while in others, regular refusals to hand out information have become a staple diet of Lord Advocate Frank Mulholland’s £100million a year Crown Office.

Commenting on the Information Commissioner’s report, a Scottish government spokeswoman said: "Scotland has the most robust freedom of information regime in the UK, with a transparency system that sets an example for other nations to aspire to.”

"In 2012 we received over 1,900 FoI requests - the highest number on record - and we are on course to receive even more in 2013. We strive to respond on time to all cases, and the number of technical appeals we receive has decreased since the end of March 2013."

She added: "Our commitment to proactive publication and sharing of information with the public is enshrined in legislation."

Scottish Information Commissioner Rosemary Agnew has also announced today she is planning to lay a Special Report for the Scottish Parliament exploring such failures in the spring.

The Commissioner's 2012/13 Annual report: Upholding the right to know reveals that:

The number of FOI appeals increased by 14% over the last year, to 594 appeals.

564 cases were closed, a 9% increase on the previous year.

The Commissioner found completely in favour of requesters in 37% of cases and completely in favour of authorities in a further 37%. The remainder were partially upheld.

60% of appeals were made by members of the public

43% of appeals related to local government bodies and 31% related to the Scottish Ministers or the Scottish Parliament.

Enquiries to the Commissioner rose by 8% last year.

The report also contains examples of how FOI has been used by the Scottish public over the last year, seeking a wide range of information on issues relating to housing, health, transport, education and the environment.

Discussing the rise in FOI appeals, Rosemary Agnew said: "Our case volumes have continued to rise, with a 14% rise over the last year and a 49% increase in the last five years. I'm happy to report that we've been able to manage these increases through a combination of hard work and a considered review of how we conduct our business. As a result, we have closed more cases than ever and reduced the time we take to investigate appeals.

"However, I am concerned about how sustainable this position will be in the longer term. These advances have been achieved against a backdrop of decreasing resources, and if volumes continue to rise, it will pose significant challenges to my ability to enforce FOI effectively."

Appeal statistics - by Region and Sector

More detailed information on appeals received since 2005, broken down by public authority, region and sector, are available in the following spreadsheets:

2012/13 Public Authority Tables - by Sector (Excel - 597kB)

2012/13 Public Authority Tables - by Region (Excel - 1.6MB)

Technical appeals

These are appeals made following a public authority's failure to respond with the FOI Act's 20-working day timescale. 

The 2012/13 Technical appeals investigated - by authority reveals that 29% of the appeals investigated by the Commissioner in 2012/13 related to such a failure to respond.

The £80K job no-one wants : Lawyers lobby seek FIFTH time unlucky Chief Executive for Scottish Legal Complaints Commission role

Fifth Chief Executive sought for lawyer complaints quango mess. CONTINUITY appears to be a bad word at the Scottish Legal Complaints Commission (SLCC), who are now faced with conducting a recruitment process to find a FIFTH replacement for the role of SLCC Chief Executive, after losing its FOURTH CEO, Rosemary Agnew to the post of Scottish Information Commissioner. The job of SLCC Chief Executive, which no one seems to want, or can stand for more than a year, attracts a salary of around EIGHTY THOUSAND POUNDS A YEAR plus expenses, hospitality, and other perks from the law complaints quango which has so far cost clients of solicitors and taxpayers a stunning FOURTEEN MILLION POUNDS plus since 2008 yet has apparently not seen one single crooked lawyer prosecuted or struck off as a result of SLCC investigations into consumer complaints against the legal profession.

Continuing the lack of continuation in the role of SLCC Chief Executive, Mrs Agnew has occupied the SLCC’s Chief Executive job for a little more than a year after taking on the ill fated position from the SLCC’s first Chief Executive, Eileen Masterman, who resigned on ill health grounds, coincidentally also after being able to stand little more than a year in the job based at the Stamp Office in Edinburgh.

Reports of difficulties during Ms Masterman’s time as Chief Executive of the Scottish Legal Complaints Commission saw a string of controversial decisions involving the Law Society of Scotland’s Master Insurance Policy, secret meetings with insurers Royal Sun Alliance & Marsh, who were convicted of illegal activities in the United States.

Cabinet Finance Chief John Swinney revealed he felt Ms Masterman had mislead him over accounts of meetings. It later emerged the Scottish Government’s Finance Chief, John Swinney personally intervened on behalf of a constituent over the murky goings on at the SLCC and accused Ms Masterman of being less than honest in correspondence. It is thought this spat between Masterman and Mr Swinney eventually led to the first Chief Executive’s demise over ‘ill health’. Diary of Injustice reported more on Ms Masterman’s resignation in an earlier article here : SLCC’s Eileen Masterman resigns, questions remain on attempt to mislead Cabinet Finance Chief John Swinney over secret meetings with insurers Marsh

While Ms Masterman may have resigned on ill health grounds, she was quick to engage lawyers to negotiate a large figure payoff from the SLCC, a payoff which was personally signed off by Justice Secretary Kenny MacAskill and has never been disclosed to either the public or legal profession who fund the SLCC. The saga was reported by Scottish Law Reporter in an earlier article HUSH & MONEY : Former SLCC law complaints Chief Executive Eileen Masterman received secret Scottish Government approved payoff in deal with lawyers

Prior to Eileen Masterman’s appointment as CEO in 2008, Richard Smith, who was appointed by the Scottish Government as the interim’ Chief Executive in the formation year of the Scottish Legal Complaints Commission, resigned in early 2008 after only a few months in the job. Mr Smith, a a consultant in the Scottish government's justice directorate, was officially reported to have stood down to focus on other projects. However legal insiders have since informed Diary of Injustice the resignation was as a result of views expressed that the SLCC was not going to live up to expectations promised by the Scottish Parliament.

Mr Smith was the replaced by John Murphy, another Scottish Government consultant who took over the role until Eileen Masterman was eventually appointed as Chief Executive later in 2008. As reported by Diary of Injustice, Ms Masterman resigned over ill health grounds, even though questions remain over her actions while in the role, and Mrs Agnew, the latest Chief Executive has ditched her post to be the new Scottish Information Commissioner

Jane Irvine, the Scottish Legal Complaints Commission’s Chair issued the following statement seeking a new recruit for the post of Chief Executive : On behalf of The Scottish Legal Complaints Commission (SLCC) I want to thank you for your interest in becoming our new Chief Executive. As an organisation we have been operational since 1 October 2008 with our main functions as follows:

• Handling all complaints about members of the Law Society of Scotland and the Faculty of Advocates
  
• Overseeing the Law Society of Scotland and Faculty of Advocates conduct and insurance arrangements
  
• Dealing with complaints about cases that have been through conduct systems

The establishment of the SLCC represented a change in the way complaints against the legal profession were handled by introducing a novel form of funding for a public body in Scotland. We focus on the early resolution of disputes and encourage improvement whilst remaining independent, accessible and impartial.

I would like to take this opportunity to thank our departing Chief Executive, Rosemary Agnew, who has established a core team which is working well with established governance and financial polices, allowing operational matters to run smoothly. From this sound platform we are searching for a CEO who will lead us into the next phase of evolution for SLCC.

We are looking for a leader who can inspire the operational team as well as influence change. Naturally, our new CEO should continue to drive operational efficiency upwards internally as well as influencing externally to help improve service standards within the legal profession. We are looking for someone with the appropriate level of gravitas to work in partnership with key stakeholders and develop the way the SLCC evolves over the next 5 years.

The Chief Executive will be responsible for enhancing operational efficiency by reducing the time we take to deal with cases and the costs, ensuring that we are 100% user focussed. We already have a LEAN review underway and this will form a bridge into this new phase. A new CEO will also have to start to use the evidence we hold about practise trends and complaint handling to encourage higher service standards within the Scottish legal professions.

As well as the typical leadership qualities, the SLCC requires a CEO who is familiar with using evidence gathered to ensure policy within the professional bodies matches the best in regulatory practice. The successful candidate will need to be capable of negotiating with a very broad range of stakeholders from small interest groups to the Scottish Parliament. Naturally, you will have the credibility to influence and persuade as well as the capability to resolve complicated arguments, often formulated by emotive parties and / or historic practices. In return the CEO will work with an excellent small team and enjoy the support of an active Board while fronting an intellectually stimulating role meeting the demands of both the public and private sectors.

Those interested in filling the shoes of Eileen Masterman, or Rosemary Agnew can find send their up to date CV and covering letter/supporting statement to Munro Consulting who are handing the recruitment : Amy Dalgleish by e-mail to amy.dalgleish@munroconsulting.com or by post to Munro Consulting Ltd, Monteith House, 11 George Square, Glasgow, G2 1DY quoting reference G640.

• Job Description
  
• Person Specification
  
• Application's Close - Monday 12th March 2012
  
• Longlist interviews – Thursday 5th April 2012
  
• Meeting to select shortlist candidates – Wednesday 11th April 2012
  
• Shortlist interviews – Monday 16th April 2012
  

It should be noted that while the SLCC, Law Society of Scotland & Faculty of Advocates are keen to stress it is their member solicitors & advocates who stump up the £2.8 MILLION a year to pay for the SLCC’s budget, expenses claims & operating costs, the cold fact is that clients & consumers are being made to pay the complaints levies, via large hikes in legal fees or spurious additions of large sums to client’s legal bills for non existent or “forgotten work”. Taxpayers have also had a significant input into the SLCC, which has received around TWO MILLION POUNDS of taxpayers money since 2008 in the guise of “start up costs” despite the huge public sector cuts being forced through by Governments in London & Edinburgh. More on this year’s SLCC budget & complaints levy can be read here : Lawyers told to pay £338 for continuing ‘old pals act regulation’ as Scottish Legal Complaints Commission calls for 60% complaints levy rise

Some cases recently brought to the attention of Diary of Injustice where clients have been or are being pursued for unexplained or non existent legal work, have seen figures of tens of thousands of pounds demanded from clients for fees which law firms had supposedly “forgot to charge for”. Any consumer in a fee dispute with their solicitor where such a situation has arisen would be well advised to publicise their plight by contacting Diary of Injustice via scottishlawreporters@gmail.com

Lawyers told to pay £338 for continuing ‘old pals act regulation’ as Scottish Legal Complaints Commission calls for 60% complaints levy rise

Regulating lawyers on the cheap : Jane Irvine’s SLCC sets the ‘Staying out of jail’ fee for Scottish lawyers at £338 a year. IF CRIMINALS could pay the Police £338 a year to rig an investigation, avoid criminal charges or a prosecution before the courts, there would be many takers (actually, come to think of it, there are). In what may therefore be a perfect comparison to a bribe to keep out of the arms of the law, the stage is set for another perfect ‘keep out of jail’ exercise in the legal world, where the Scottish Legal Complaints Commission (SLCC) has this week, announced its 2012-2013 budget of nearly THREE MILLION POUNDS, where solicitors with three or more years of experience will be required to pay a complaints levy of £338, thus ensuring the legal profession can continue to cover up the actions of Scotland’s swelling ranks of corrupt lawyers.

There is little doubt that a meagre £338 a year to ensure lawyers continue to regulate lawyers is certainly a bargain, if one considers the amounts of money being taken from clients on an annual basis, and the vast sums of taxpayers money being lost to solicitors fraudulently claiming legal aid, resulting in figures which are well into the tens of millions of pounds. Yet the Law Society of Scotland does not appear to feel the £338 is much of a bargain, even though their member solicitors appear to be recouping the complaints levy many times over from huge hikes in client fees, and other creative ways lawyers have used to swell their wallets.

Last year, the SLCC’s stay-out-of-jail levy for Scottish solicitors was an artificially low £209 after the Law Society of Scotland lobbied then Scottish Government’s Communities Minister Fergus Ewing to intervene on the legal profession’s behalf to force the SLCC to hand back ONE MILLION POUNDS to lawyers, reported by Diary of Injustice at the time, here : Emails reveal Law Society Chief Executive ‘called the shots’ over Fergus Ewing’s Ministerial threat to Scottish Legal Complaints Commission & HERE

This year, we are going to be treated to much the same spectacle, after the Law Society criticised the SLCC’s latest budget plan, and urged savings. You can be certain a letter from the Law Society to Roseanna Cunningham, who replaced Fergus Ewing, will certainly be in the post, or already on her desk demanding Ministerial coercion or simply just another up front intervention to lower the cost of the complaints levy to lawyers.

The proposed levy for the Scottish Legal Complaints Commission for the financial year 2012-2013 is: Solicitors with three plus years experience, £338 (£209 for 2011-12); Conveyancing & executry practitioners admitted three plus years £338 (£209); Solicitors in first three years of practice £169 (£105); Conveyancing & executry practitioners in first three years of practice £169 (£105); Practising outwith Scotland £113 (£69); In-house conveyancing & executry practitioners £113 (£69); In-house solicitors £113 (£69)

Law Society’s Chief Executive Lorna Jack. Lorna Jack, the current Chief Executive of the Law Society of Scotland who replaced the much more fun Douglas Mill, was quick to plead poverty on behalf of her fellow solicitors in a Press Release issued by the Law Society, commenting : "Many of our members are facing difficult times economically.  Whilst we accept that the commission does not have the kind of reserves to offset the levy as it did last year, we believe that all efforts should be made to find further savings within the proposed budget thereby lessening the impact of the proposed levy increase."

The pleas of poverty on the part of lawyers do not appear to match the reality of large scale legal aid frauds running into millions of pounds a year, hikes in client fees where even the simplest cases taken on by Scottish solicitors are now costing several thousands of pounds a year to resolve and being stretched out for years to ensure further income.

Ms Jack continued : "The Commission has indicated that its expenditure will be down by half of one percent on last year. However, we are urging them to find further savings - without compromising the core and important role they perform - so that the annual levy solicitors pay to fund the organisation can be as low as possible in the coming year.

"Many of our members are facing difficult times economically.  Whilst we accept that the commission does not have the kind of reserves to offset the levy as it did last year, we believe that all efforts should be made to find further savings within the proposed budget thereby lessening the impact of the proposed levy increase."

The Press Release also reminded us that “…last year, the Society successfully lobbied the SLCC to use £1 million of its reserves, which meant that the levy was lower than in previous years.”

One of the most significant changes in the budget this year is the proposal to abolish the fee for resolving a complaint on the recommendation of a complaints investigator. Instead, the SLCC has the discretion to charge a case fee of up to £5,000 if a complaint is upheld at the determination stage.

The Law Society is required to collect the levy payments from solicitors on behalf of the SLCC. The levy funds the SLCC's annual budget, which this financial year (July 1, 2012 to June 30, 2013) is forecast to be £2,813,381, largely funded by the levy. The Law Society has called on its members to respond directly to the SLCC during the budget consultation (or participate in a fabricated consultation organised by the Law Society)

The Scottish Legal Complaints Commission issued a Press Release  on the budget, lacking any statement from its Chief Executive. The SLCC is funded by a levy paid by legal professionals operating in Scotland. Under the terms of the Legal Profession and Legal Aid (Scotland) Act 2007, we are required to consult with the professional bodies about our proposed budget for the next financial year. Following the consultation, the budget will be agreed and then laid before the Scottish Parliament. The SLCC's financial year runs from 1 July to 30 June.

The proposal is to: (i) set the complaints levy at mediation and investigation stages at zero for all complaints resolved. (ii) set the complaint levy at zero for complaints not upheld at determination (iii) set a single capped figure of £5,000 for complaints upheld in full or part at determination.  The SLCC's policy will be to apply discretion to charge up to that figure taking into account the circumstances of the case and providing reasons for the levy charged.

The full SLCC Proposed Budget (PDF, 95k) reports the most significant areas of spend continues to be on staff and members, both of which have increased in the current budget.  The budget for 2011/12 was based on a head count of 38.  The budget for 2012/13 is based on a headcount of 40.6 (The 0.6 being Jane Irvine’s dog, probably the only trustworthy yet unofficial member of staff at the Stamp Office who wont tell a client to drop dead just because they filed a complaint about their lawyer).

The SLCC claims the new staffing headcount reflects the changes since the SLCC reviewed its staffing levels as part of the restructuring during 2010/11 and the increase in the volume of work related to complaints and oversight. No mention was made of staff leaving the SLCC either on health grounds, grievances or other issues such as departing to higher up the chain appointments.

The most significant variances between years not related to staffing are: (i) Direct case costs : The increase is based on actual expenditure in the previous year on case-related legal costs.  The majority of this is in relation to appeals. ii)  Corporate legal costs : The increase is based on actual expenditure on advice in relation to interpretation of the 2007 Act, Freedom of Information requests/ reviews, employment and governance.  The majority being in relation to interpretation of legislation. The SLCC said this is likely to continue into the 2012/13 financial year.

Last year the SLCC blew hundreds of thousands of pounds on legal fees, associated with legal advice on just about every FOI request the SLCC received, along with advice & representation on a string of solicitors court challenges to its authority.

The SLCC’s somewhat fanciful, highboy fictional Operational Plan (PDF, 159k) claims they will focus resources and activities on developing and refining the policies and process that support their core business in relation to ;

(i) Acting as the gateway for legal complaints in Scotland, (ii) Resolving complaints about inadequate professional service provided by legal practitioners, (iii) Oversight of the professional bodies investigation of complaints about the conduct of legal practitioners, (iv) Advice and information giving to complainers, the legal profession, consumers and other stakeholders, (v) Implementing the provisions of the Legal Services Act 2010

The SLCC’s plan also claims that “underpinning these activities is our aim to contribute to improvements and excellence in the  provision of legal services in Scotland. Operationally we will continue to operate an efficient organisation that makes effective use of resources.”

If Jane Irvine’s pet dog doesn't believe the SLCC’s operational plan without a biscuit inducement, neither therefore should consumers who are forced to complain about their solicitors to the Scottish Legal Complaints Commission. We are after all talking about an organisation which has so far, told most consumers to ‘get lost’ about their complaints, upheld only a handful of cases against members of the legal profession, and appears not to have prosecuted any crooked lawyer or taken part in a striking off case after all the millions spent on the quango since 2008.

SLCC Chief Executive Rosemary Agnew, soon to be Scotland’s new Freedom of Information Commissioner. Rosemary Agnew, the SLCC’s soon to exit Chief Executive who was recently appointed to replace Kevin Dunion as Scotland’s Information Commissioner, apparently at the insistence of a closed group of senior msps has written to the regulators who must ensure the complaints levy is paid. Ms Agnew’s letters can be found here : SLCC letters to the professional bodies (PDF, 6Mb). Ms Agnew in her role as Chief Executive has chosen not to issue any comment on the budget unlike last year where the Chief Executive issued a long statement.

SHHH HAPPENED : Scotland’s new Information Commissioner to be Legal Complaints CEO Rosemary Agnew, rebuked FIVE TIMES for being ANTI-FOI

SLCC’s Chief Executive Rosemary Agnew is to be the new Scottish Information Commissioner. THE Scottish Parliament has announced today that ROSEMARY AGNEW, the current Chief Executive of the Scottish Legal Complaints Commission (SLCC) is to be appointed on Tuesday 1 February after a ‘formality vote’ by msps as the new Scottish Information Commissioner, replacing the highly successful Kevin Dunion who has served two terms in the role. However, in comparison to the widely  respected Mr Dunion, Ms Agnew, who take up the post in April to be FOI Chief for the next SIX YEARS at £78K a year, is widely viewed to be anti-foi, given her less than glowing record of handling FOI requests at the SLCC, where she was rebuked at least FIVE TIMES by the current Information Commissioner for unfairly using FOI legislation to obstruct the release of data to journalists and members of the public who submitted Freedom of Information requests.

Ms Agnew was made the politicians choice for the post of Information Commissioner after a series of closed to the public recruitment hearings took place by an all women msp selection panel, comprising the following msps : Presiding Officer, Tricia Marwick MSP – Chair, Margaret Burgess MSP, Helen Eadie MSP, Christine Grahame MSP, Alison McInnes MSP, Mary Scanlon MSP, Maureen Watt MSP.

Documents obtained by Diary of Injustice under Freedom of Information legislation after the SLCC was forced to publish its “Gifts & Hospitality Register revealed the Presiding Officer of the Parliament, Tricia Marwick MSP who was also chair of the all women msp panel who made Ms Agnew their choice as Information Commissioner, had offered hospitality to Ms Agnew during the time msps were considering the candidates to replace Mr Dunion. Diary of Injustice reported on these revelations, here : Legal Complaints CEO & ‘front runner’ for Scottish Information Commissioner role received hospitality from msps, law firms & Law Society of Scotland

Ms Agnew was widely tipped for the role, after leaks to the media confirmed msps wanted someone on their side in the job, covered earlier by Diary of Injustice here : SHHH Happens : SLCC Legal Complaints CEO Rosemary Agnew tipped for FOI Commissioner role after 5 FOI ‘rebukes’ & refusals to monitor Master Policy

While the Scottish Parliament’s Press Release on the appointment claims Ms Agnew “…committed to the principles of accountability and transparency …” her term at the Scottish Legal Complaints Commission, firstly as Head of Investigations, and secondly as Chief Executive, replacing the SLCC’s first CEO Eileen Masterman who resigned after a year in the job, saw the SLCC fail to recommend any prosecutions of crooked lawyers, a move even criticised by the Scottish Solicitors Discipline Tribunal.

Ms Agnew in her role as the SLCC’s Chief Executive was also revealed to have taken decisions which led to some clients who had complained about their solicitors facing financial ruin, after she refused repeated requests by members of the public to monitor claims made against the Master Insurance Policy, the Professional Indemnity Insurance scheme operated by the Law Society of Scotland to compensate victims of negligent “Crooked lawyers.”

The Master Policy which Ms Agnew refused to monitor claims against, was linked in an independent report carried out by the SLCC to client suicides covered up by the Law Society of Scotland & the insurers. Diary of Injustice reported on the report into the Master Policy here : Suicides, illness, broken families and ruined clients reveal true cost of Law Society's Master Policy which 'allows solicitors to sleep at night'

The Scottish Legal Complaints Commission were asked for comment on the Scottish Parliament's announcement of its recommendation to appoint current CEO Rosemary Agnew as FOI Commissioner and what impact the loss of a second Chief Executive in three years has on the SLCC. No response has been received from the SLCC.

There is also no word yet on recruitment for a new SLCC Chief Executive, to a position which must be so fantastic, everyone wants out of the job as soon as they are in it.

BACKGROUND : ROSEMARY AGNEW, SLCC CHIEF EXECUTIVE

Rosemary Agnew is the SLCC’s second Chief Executive in three years. Ms Agnew took on the role after a short recruitment phase to replace the SLCC’s first Chief Executive Eileen Masterman who resigned after a bitter exchange with Cabinet Secretary for Finance John Swinney over issues involving meetings the SLCC held in connection with the Master Policy.

Ironically, one of Rosemary Agnew’s key refusals to disclose information to the public was information and discussions surrounding the SECRET SUBSTANTIAL PAY-OFF negotiated by lawyers acting for former SLCC CEO Eileen Masterman and the Scottish Legal Complaints Commission. The secret payoff was also backed by the Justice Secretary Kenny MacAskill, and Scottish Ministers also refused to disclose the amount paid to Ms Masterman. Diary of Injustice reported on the secret pay-off scandal in an earlier article here : HUSH & MONEY : Former SLCC law complaints Chief Executive Eileen Masterman received secret Scottish Government approved payoff in deal with lawyers

The Scottish Parliament’s Press Release (below) makes little reference to Ms Agnew’s work at the Scottish Legal Complaints Commission.

NEW SCOTTISH INFORMATION COMMISSIONER TO BE APPROVED BY PARLIAMENT

The Scottish Parliament will tomorrow be asked to approve the nomination of Rosemary Agnew as the new Scottish Information Commissioner.

Mrs Agnew, who is currently the Chief Executive of the Scottish Legal Complaints Commission, is set to replace Kevin Dunion who demits office on 23 February 2012.

Created under the Freedom of Information (Scotland) Act 2002, the Scottish Information Commissioner is responsible for enforcing and promoting Scotland’s freedom of information legislation.

The appointment will be for a fixed term of six years and attracts a salary of £78,000 per annum. The Parliament will be invited to agree Mrs Agnew’s nomination before the recommendation goes to Her Majesty The Queen for formal appointment. If approved, it is expected that Mrs Agnew will take up post in April.

Biographical Information

Prior to her work with the Scottish Legal Complaints Commission, Mrs Agnew worked for the Local Government Ombudsman for 8 years. Throughout her career she has been committed to the principles of accountability and transparency and has worked with a range of public and private sector organisations to deliver service and procedural improvements.

Text of Motion to be approved by Parliament on 1 February 2012

That the Parliament nominates Rosemary Agnew to Her Majesty The Queen, for appointment as the Scottish Information Commissioner.

Legal Complaints CEO & ‘front runner’ for Scottish Information Commissioner role received hospitality from msps, law firms & Law Society of Scotland

Legal Complaints CEO Rosemary Agnew is ‘front runner’ for Scottish Information Commissioner role. DOCUMENTS published in response to FOI requests after an investigation by Diary of Injustice today reveal ROSEMARY AGNEW, the Chief Executive of the Scottish Legal Complaints Commission (SLCC) who is tipped to be the Scottish Parliament’s choice as the new Scottish Information Commissioner, replacing the highly successful Kevin Dunion, has been forced to declare multiple receipts of hospitality from law firms, the Law Society of Scotland, and from politicians such as the Scottish Parliament’s very own Presiding Officer, Tricia Marwick MSP, who also chaired the selection panel of seven msps who interviewed Ms Agnew as a candidate to serve as Scotland's Information Commissioner for the next EIGHT YEARS.

The SLCC was forced to publish its “Gifts & Hospitality Register” in response to Freedom of Information requests from Diary of Injustice after this journalist began investigating rumours of multiple gifts, hospitality & undeclared contact with law firms, staff & key figures from the Law Society of Scotland including former Law Society Presidents, clandestine no-notes-taken meetings in posh Edinburgh hotels between SLCC Chiefs & shady organisations such as the Legal Defence Union, insurers such as Royal Sun Alliance PLC & Marsh UK, and MSPs & their staff.

Some of the entries in the SLCC’s Gifts & Hospitality Register, which does not appear to have been kept up to date with current events, show a range of Hospitality gifts by way of dinners & occasions attended by Ms Agnew which raise questions over the closeness of contact between key staff at the Scottish Legal Complaints Commission and the legal profession, which the SLCC are supposed to be regulating.

Hospitality rules ? 26/8/10 Rosemary Agnew John Schmidt, Regulation and Markets Shepherd & Wedderburn Festival Show (2) and Dinner, Chair also invited and attended.

30/09/10 Rosemary Agnew Patricia Goldie Scott Moncrieff – Internal Auditors Business Lunch

6/12/10 Rosemary Agnew Law Society of Scotland Law Society of Scotland Invitation to Christmas drinks party at their offices. Accepted

13/01/11 Rosemary Agnew Law Society of Scotland Law Society of Scotland Invitation to LSS Dinner with charity raffle 11th March 2011. Accepted

21/02/11 Rosemary Agnew Scott-Moncrieff SLCC’s Internal Auditors Informal Business Lunch at offices – accepted.

24/02/11 Rosemary Agnew Ayr Faculty Law Book token for delivering presentation, donated to the Office Charity

25/05/11 Rosemary Agnew Jamie Millar, President Law Society of Scotland Reception for the CEO of the Law Society of Malawi. Accepted

26.7.11 Rosemary Agnew National Museum of Scotland Museum Accepted. Invitation to reopening of the Museum.

Hospitality offered by Presiding Officer & Chair of selection panel during meetings to decide new Info Commissioner 12.07.11 Rosemary Agnew Tricia Marwick MSP MSP Declined. Invitation to launch reception of 2011 Festival of Politics and the World Press Photo Exhibition in Parliament’s main hall. In one entry, dated July of 2011, the SLCC’s Chief Executive Rosemary Agnew also received an invitation from the Scottish Parliament’s Presiding Officer, Tricia Marwick, to attend a reception at the Scottish Parliament. While the hospitality from Ms Marwick was declined, it appears to have come at the same time Ms Agnew was considering her position in relation to applications & interviews held at the Scottish Parliament for the role of Freedom of Information Tsar after the current Information Commissioner, Kevin Dunion, finished his second & final term as Scotland’s Freedom of Information guardian. of Information Commissioner in which msps were speaking to candidates who were interested in taking on the

However it now transpires from an investigation, the Scottish Parliament’s Presiding Officer, Tricia Marwick who offered hospitality to Ms Agnew also sat on the all women msp selection panel which conducted the highly secret interviews of the five candidates seeking the post of Information Commissioner. The panel is rumoured in the media and by insiders to have made Ms Agnew their choice to replace Mr Dunion.

A Scottish Parliament official confirmed the identities of the cross party panel, which was made up of the following Members : Presiding Officer, Tricia Marwick MSP – Chair, Margaret Burgess MSP, Helen Eadie MSP, Christine Grahame MSP, Alison McInnes MSP, Mary Scanlon MSP, Maureen Watt MSP.

While Mr Dunion is set to leave office in a matter of days, there is still no official announcement from the Scottish Parliament on who is to succeed him as the new Information Commissioner. On being quizzed about an announcement regarding the identity of who is to be Scotland’s new Information Commissioner a Scottish Parliament spokesman said: “A seven member, cross-party selection panel followed an open recruitment process with candidates assessed against a number of criteria. We expect to be in a position to confirm the nominee to Parliament, ahead of Kevin Dunion’s departure in February.”

However, amid claims msps have been looking for “a less enthusiastic candidate for the key FOI role" than Mr Dunion, who is generally regarded as being pro information disclosure, the Scottish Parliament have REFUSED to release any details about who was interviewed for the post and what information particularly concerning the candidate’s backgrounds was considered.

A solicitor from a well known law firm who have used FOI on a number of occasions spoke to to Diary of Injustice today on the subject, saying : “Given the position of Information Commissioner is of significant public interest I would have thought we are entitled to open hearings at the Scottish Parliament with the candidates appearing in front of Committees to be questioned about their attitude towards Freedom of Information rather than this secret interview process which appears to have descended into a version of the old pals act.”

He went onto say : “It seems rather suspicious to me that our msps are waiting until the last few days to announce Mr Dunion’s replacement when the position is of such importance to the public. What does the Scottish Parliament have to hide about who is taking up the role ?”

Earlier this week, in the wake of reports in the media regarding Ms Agnew’s apparent position as ‘front runner’ to replace Kevin Dunion, a key player in the recruitment process has approached Diary of Injustice for more information on Ms Agnew’s position at the Scottish Legal Complaints Commission and her history of dealing with Freedom of Information disclosures after it was reported Ms Agnew has been slapped down at least FIVE times by the current Information Commissioner over significant failures in releasing information to the public & media.

Diary of Injustice asked the Information Commissioner’s office if it have been informed of who is to replace Mr Dunion in the role of Information Commissioner. A spokesperson said : “I can confirm that we have not received any notification or confirmation from the Scottish Parliamentary Corporate Body regarding who Kevin Dunion’s successor might be. As such it would be inappropriate for us to comment on the speculation that has surfaced in the press.”

The Scottish Legal Complaints Commission and Ms Agnew have not made any comment on the situation, and so far, the SLCC have not made any public moves to advertise Ms Agnew’s job as Chief Executive, which she has held for a little over a year after replacing the controversial former SLCC CEO Eileen Masterman, who resigned after a bitter exchange with Cabinet Secretary for Finance John Swinney over issues involving meetings the SLCC held in connection with the Master Policy and claims of “ill health” which led to a secret & substantial pay-off, personally signed off by Justice Secretary Kenny MacAskill. Diary of Injustice reported on the secret Masterman pay-off scandal in an earlier article here : HUSH & MONEY : Former SLCC law complaints Chief Executive Eileen Masterman received secret Scottish Government approved payoff in deal with lawyers

If Ms Agnew is appointed to replace Kevin Dunion as Scotland’s Information Commissioner, the SLCC will be forced to recruit its third Chief Executive in three years, leading to concerns from consumer groups, clients, and even the legal profession that there is little continuity at the anti-client law complaints quango which has achieved little since being created in 2008 by the Scottish Government as an ‘independent’ regulator to deal with complaints against Scottish lawyers

Ms Agnew’s position as front runner to be the new Scottish Information Commissioner was reported in an earlier article, here : SHHH Happens : SLCC Legal Complaints CEO Rosemary Agnew tipped for FOI Commissioner role after 5 FOI ‘rebukes’ & refusals to monitor Master Policy

The Daily Record newspaper featured further comment :

STOP SECRET : Revealed: Government, police & local councils all among public bodies who flouted anti-secrecy laws

TIP FORCED TO DISCLOSE Jan 9 2012 Exclusive by Chris Musson

A WOMAN tipped to be Scotland's new anti-secrecy tsar has had a string of rulings made against her by the man she could replace.

Rosemary Agnew, who heads the Scottish Legal Complaints Commission, is one of six people interviewed to be the next Information Commissioner. But Kevin Dunion has slapped down the SLCC eight times - five since Agnew took over as Chief Executive in October 2010.

Legal Reform campaigner Peter Cherbi, who had several requests knocked back by the SLCC, cast doubt over her suitability. He said : "How someone like that could be put in charge of openness is beyond me, unless they want to shut down openness and accountability."

Agnew did not respond to requests for a comment.

HOSPITALITY FREE FOR ALL AT THE SCOTTISH LEGAL COMPLAINTS COMMISSION

The Hospitality Club : More gifts than complaints findings at Scotland’s law complaints quango. The SLCC’s registers of gifts & hospitality contains items such as invitations to dinners, drinks parties, lectures events and other gifts offered by several personalities from Scotland’s legal world including past Law Society Presidents Ian Smart & Jamie Millar, law firms such as Pagan Osborne, Shepherd & Wedderburn, Anderson Strathern, Beveridge & Kellas SSC, auditors KPMG & Deloitte, consumer organisations Consumer Focus Scotland & Which?, the Law Society of Scotland, Faculty of Advocates, the Institute of Chartered Accountants Scotland, the Medical Protection Society, the Administrative Justice & Tribunals Council Scottish Committee (AJTC), Scottish Government & others. While some members of staff are identified, others apparently are not, leaving a degree of suspicion over who attended some of the events such as law lectures at the Balmoral Hotel in Edinburgh.