Quango’s new rulers for our courts : Access to civil justice ‘up for grabs’ as Lord President and ‘usual suspects’ make up new Scottish Civil Justice Council

New justice quango to make rules for Scotland’s unfit for purpose Court of Session, Sheriff Courts. EARLIER this week the latest attempt to improve Scotland’s unfit for purpose, “Victorian” civil justice system was announced by Scotland’s top judge, Lord President Lord Brian Gill, in the form of the new Scottish Civil Justice Council (SCJC), the latest quango from Scotland’s antiquated courts system loaded with lawyers, judges and a mere two consumer representatives, which is charged with improving the rules governing civil justice in Scotland.

The new SCJC, which some legal insiders have jokingly dubbed “mad cow disease for the justice system”, replaces the existing Court of Session Rules Council and the Sheriff Court Rules Council both of which did precious little for Scots access to justice over the decades of their existence, so little in fact, the current Lord President Lord Gill published the Scottish Civil Courts Review in 2009, a two year project which resulted in heavy criticism of Scotland’s civil justice system over which the former two rules councils presided.

The new Scottish Civil Justice Council will take over the rule drafting functions of the former two rules councils and will also have a new, wider, role to advise and make recommendations on the civil justice system. However, any improvements over the earlier arrangements are expected to be measured at a glacial pace, expected to take years, rather than provide immediate relief to Scots stuck in litigation for years, even decades.

Announcing the appointment of members to the Scottish Civil Justice Council, established under the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013, the Lord President, Lord Gill, said: “I am delighted to announce the appointment of members of the Scottish Civil Justice Council. The new Council will be responsible for delivering vital improvements to the civil justice system.

Lord Gill continued : “Each member will bring valuable skills and personal experience to the Council and I am confident that collectively, will be more than capable of meeting the significant task ahead in the implementation of the forthcoming civil courts reforms. An open and competitive recruitment exercise was held for the non-judicial members and I am grateful to all those who applied.”

The composition of the council is provided for by section 6 of Scottish Civil Justice Council and Criminal Legal Assistance Act 2013. The Act states that the Lord President is to appoint at least 4 judicial, 2 advocate, 2 solicitor, 2 consumer representative members and may appoint up to 6 LP members (these are appointments made at the Lord President’s discretion).The Lord President, the Chief Executive of the Scottish Court Service and the principal officer of the Scottish Legal Aid Board are members of the Council by virtue of their respective offices.  One member of Scottish Government staff is appointed by the Scottish Ministers. Judicial, advocate, solicitor, consumer representative members and LP members hold office for three years.

List of Council members:

The Lord President, Mr Eric  McQueen, Chief Executive of the Scottish Court Service, Mr Lindsay Montgomery CBE, Chief Executive SLAB, Miss Jan Marshall, Scottish Ministers’ appointee, Lord Menzies (judicial member), Lord Tyre (judicial member), Sheriff Principal Stephen (judicial member), Sheriff Abercrombie (judicial member), Mr James Wolffe QC (Advocate member), Mrs Sarah Wolffe QC (Advocate member), Mr Eric Baijal (Solicitor member), Mr Duncan Murray (Solicitor member), Mr Ian   Maxwell (Consumer representative member), Miss Lauren Wood (Consumer representative member), Mr Joseph d'Inverno (LP member), Professor Frances Wasoff (LP member)

About the Civil Justice Council

The creation of a single civil rules council for Scotland was one of the recommendations of the Scottish Civil Courts Review.  Many of the review recommendations will need new rules of court and the Scottish Civil Justice Council, which will have oversight of the entire civil justice system, will be responsible for taking these forward.  It will also be responsible for keeping the civil justice system under constant review.

VESTED INTERESTS need only apply : Victorian values of our courts in the dock, yet new Scottish Civil Justice Council quango may end up doing little for Scots access to justice

Outlook is bleak for Scots access to justice as planned reforms appear overtaken by time. AS the sands of time continue to devour what have so far turned out to be many false promises of a new dawn for Scots justice in the 2009 Civil Courts Review, a new quango in the form of the Scottish Civil Justice Council (SCJC) has been created to take on functions from two decades-old bureaucratic, lawyer-dominated Court Service quangos responsible for much of the current mess of Scotland’s courts and which did little for Scots access to justice over the past few years.

Unsurprisingly, recruitment for the new Scottish Civil Justice Council is to include a heavy mix of lawyers, advocates and “suitable individuals who may be appointed at the Lord President’s discretion” (also known as the old tap-on-the-shoulder job offer). Applications for the positions on offer will end noon tomorrow on Monday 15 April, with interviews being held in early May and successful candidates attending the first Council meeting, on Monday 10 June 2013.

Among the mix of lawyers and other vested interests being sought to run the new quango, there will be only two “Consumer representatives” sought for Scottish Civil Justice Council, which will take on the rule drafting functions of the Court of Session Rules Council (established in its current form by Section 8 of the Court of Session Act 1988) and the Sheriff Court Rules Council (established in its current form by Section 33 of the Sheriff Courts (Scotland) Act 1971).

In addition to its rule drafting functions, the SCJC will have a remit to provide advice and make recommendations to the Lord President and the Scottish Ministers on the development of the civil justice system, which was heavily criticised in the 2009 Civil Courts Review report authored by the now current Lord President Lord Gill , who condemned Scotland’s justice system as being “Victorian” and unfit for society. In 2013, it still is.

Vested Interests sought for Justice Quango : Recruitment of Members for Scottish Civil Justice Council

Advocate, solicitor, consumer representative and LP members 6 to 12 appointments available

The Scottish Civil Justice Council (SCJC) will be established in May 2013 when the Scottish Government brings into force the relevant provisions of The Scottish Civil Justice Council and Criminal Legal Assistance Act 2013.  The first meeting of the SCJC is due to take place on 10 June 2013.

The SCJC will take on the rule drafting functions of the Court of Session and Sheriff Court Rules Councils and in addition will have a remit to provide advice and make recommendations to the Lord President and the Scottish Ministers on the development of the civil justice system. The SCJC will in particular be responsible in its early years for implementing the procedural changes to effect the reforms contained in The Scottish Government’s forthcoming Courts Reform (Scotland) Bill, currently being consulted on.

The Lord President is seeking to appoint a minimum of 2 advocates, 2 solicitors and 2 consumer representatives to the Council, and up to 6 LP members (suitable individuals who may be appointed at the Lord President’s discretion).  A summary of the overall membership can be viewed here.

* Members should expect approximately 12 days’ commitment a year and, among other matters, will:

* Develop draft rules for the Court of Session and sheriff court civil proceedings;

* Advise and make recommendations to the Lord President on the development of the civil justice system;

* Develop the SCJC annual programme and report;

* Take into account the needs of court users and potential court users; and

* Co-operate with others in the justice system.

Successful candidates will meet one or more of the criteria in the following areas: legal knowledge and skills; understanding of people and society; knowledge and understanding of the wider justice system and issues affecting it; and personal qualities. 

The Lord President is committed to the principles of appointment on merit and to the well-informed choice of individuals who, through their abilities, experience and qualities match the requirement of the post.  Further details as to eligibility and selection criteria are set out in the Lord President’s Statement of Appointment Practice and candidate information forms.

To apply, please download a copy of the application form and submit it with an equal opportunities monitoring form to scjc@scotcourts.gov.uk. For further information please contact Ondine Tennant at scjc@scotcourts.gov.uk / Scottish Civil Justice Council (Appointments), Parliament House, Edinburgh, EH1 1RQ / 0131 240 6769.