PARLIAMENT ACCOUNTS: How Scotland’s judiciary & courts blew £58 million of taxpayers cash on ‘improvements’ to the Court of Session & Parliament House

‘Sundries’ befitting courts & judges: £2.78m. SCOTLAND’S top judges and their attendants at the Scottish Courts and Tribunals Service (SCTS) don't do detail when it comes to accounting for the £58 million raid on taxpayers cash – to fund ‘improvements’ to Parliament House - seat of the Court of Session.

According to documents released by the SCTS in response to a Freedom of Information request, the staggering £57,517,062.82 splurge on the well known, if rotting, bleak and life ending Parliament House gives little detail to public eyes on exactly what work took place.

In one accounts category, a grand total of £2,780,612.72 of public cash falls under the heading of “Sundries under £100K” – reminiscent of an entry from the ledger of Al Capone’s not so fabled book keeper in the days of  “The Untouchables”.

And, ironically, the City of Edinburgh Council – who used to own the building before Scottish Ministers took the titles for themselves – were paid the sum of £2,436,439.45 as part of the works plan – small compensation for the loss of a building right in the centre of Edinburgh, valued potentially as a site in the hundreds of millions of pounds.

The ‘full’ figures released in documents provided by the SCTS in terms of where the money went reveal the following: Aedas ARCHITECTS £3,014,605.06, Amec Initial building contractor £101,669.52, Archibald McKellar Ltd furniture £259,024.15, City of Edinburgh Council Costs for decant to 1a during works  £2,436,439.45, Currie and Brown Project managers £3,292,438.75, Davis Langdon Cost consultants £554,067.40, Dinardo Partnership Services consultant  £112,672.00, GHI Fit out contractor £858,338.19, Guardian  Storage and removals £269,646.09, Hands of Wycombe  furniture £377,036.41, Heriot Video AV AV court kit £219,729.81, Interserve  Main contractor £42,030,146.95, Thomas Johnstone Limited Fit out contractor £1,021,776.27, W Stewart Client advisor £188,860.05, Sundries under £100k Miscellaneous £2,780,612.72, TOTAL £57,517,062.82

In truth, and to those who have passed through the unfriendly halls of this intimidating structure - which also serves as the command post of Scotland’s Lord President & Lord Justice General - currently Lord Carloway (Colin Sutherland), Parliament House differs little from the mid 1990’s.

Just how was this multi million pound judicial gorge on the public purse explained to the public and Scottish Parliament? Watch the following:

SCTS Chief Eric McQueen to MSPs - We spent £58 million of public cash on Parliament House

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.

Last year Diary of Injustice reported on the City of Edinburgh Council’s efforts to recover the titles to Parliament House after land reform campaigner Andy Wightman – now an MSP - revealed land titles to the buildings of Scotland’s top courts were ‘gifted’ by Scottish Ministers 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 page Freedom of Information document release by Registers 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. Attempts by Edinburgh Council to recover the Parliament Hall titles ended in a failed legal action, reported here: WOLFFE HALL: Papers reveal Council’s legal action ‘abandoned’, £320K Faculty refurbishment of Laigh Hall.

Previous reports on the loss of public ownership of Scotland’s top court – Parliament House can be found here: Parliament House - The lost titles to the City of Edinburgh

THE JUDICIAL SERVICE: How Scotland’s secretive judicial elite peddle their influence in jurisdictions around the world, and where judges go - corporate vested interests follow

Scots judges ‘influence’ building – Lord Gill. ONE ITEM which stood out in evidence given by former top judge Lord Brian Gill to the Scottish Parliament’s Public Petitions Committee last November, was the ‘influence’ Scotland’s judiciary pride themselves in being able to exert over courts and judges in other jurisdictions across the world.

As the top judge muddled through his evidence, rants on transparency, aggression, and accusing US justices of basing their careers on corporate cash, Brian Gill told MSPs “It is important that the public should know that the Scottish judiciary enjoys a reputation throughout the judicial world that is out of all proportion to the size of our small nation.”

Gill, who was answering questions on his opposition to judicial transparency, continued: “The influence that it exerts in judicial thinking is enormous. The Scottish judiciary is admired, is respected and plays its part in the international world of judicial affairs.”

And the former Lord President was not kidding in what he said.

At least, not the part about meddling and peddling influence in other countries – which appears to emanate from members of the Judicial Office for Scotland who often award themselves off-the-books diplomatic roles, backed up by wads of taxpayers cash.

As for admired and respected, well, not really. Headlines on how judges look down upon the community they are paid to serve - reveal little proof of Lord Gill’s ‘world respected’ Scottish judiciary.

Though, of course, it is a good thing those from far off jurisdictions come to Scotland to learn of our legal system. Who would deny that.

But, when someone with close judicial ties hints to a visiting legal figure - they know a company who can provide a “must have” legal service, anyone looking in realises the whole gathering is just about money, rather than sharing experience, building influence and enduring a boring legal conference.

And, spare a thought for foreign companies who are handed the line they can only do business in Scotland’s courts, if they pay a certain legal firm vast legal fees to do so – a legal firm who just happen to employ members of the judiciary in various causes.

As a parliamentary probe and media investigation into judicial influence rumbles on, documents on judicial 'seminars' released by the Scottish Courts and Tribunals Service shed a little more light on the closed off world of judicial influence peddled by such bodies as the Judicial Institute for Scotland.

Via palm pressing, plush taxpayer funded dinners, unpublished hospitality, trinkets and ‘lectures’ to visiting foreign judges, Scotland’s judiciary has indeed, as Lord Gill said himself - built up a finger in every pie, from courts in China and links to wealthy elite, to influence across justice systems around the world.

However, it is not too difficult to notice where our judges go, business follows – eager to lobby for legal services contracts abroad, sometimes in countries which can ill afford such ‘luxuries’ and in many cases, could well do without.

The column of corporate vested interests following in the wake of Scotland’s judicial ermine is so obvious, it stands out like a line of tanks against a violent orange-red sunset.

And these same corporations, among others, appear in the Judicial Rich List investigation - the very same companies and vested interests doing business in Scotland’s courts, and in which our judges hold undisclosed financial stakes they are scared to death of declaring in a register of interests - Petition PE1458: Register of Interests for members of Scotland's judiciary.

Not too difficult to spot, if you know what to look for. Company note pads in a far off distant rural court, a judge or civil servant in a legal department who develops lifestyle changes and expensive tastes - after schmoozing with Scots judges & the legal profession. Gotcha.

The more obvious ones such as a public official now promoting a huge corporate legal services contract to his colleagues in an area of a developing country where it does not make sense to spend millions on a commercial legal service a judge in Scotland advocates as a “must have”, solely due to the fact that very same judge in Scotland holds shares in the company.

But, let us remind ourselves, we are, after all, talking about influence peddling by Scotland’s judiciary - a judiciary that spent four years battling proposals in the Scottish Parliament to create a register of judicial interests. Just imagine for a second how this looks to the outside world.

Remember, for this was a Lord President who preached ‘Transparency is insidious’ to a gathering of ‘respected’ lawyers and judges.

Gill’s exact words at the 2015 Commonwealth Law Conference in Edinburgh were: “The threats to judicial independence do not always come with a knock on the door in the middle of the night.  In a society that prides itself on the independence of its judiciary, the threat may come in insidious ways, even at the hands of well-meaning governments and legislators, in the name of efficiency and, ironically, in the name of  transparency.”

Those present, laughed, and agreed. The legal profession and justice system is supreme over all. Governments - They are subordinate to all things law, and the judiciary write the law.

Gill, was on a roll. Managing a quip to his esteemed legal audience about the execution of protestors in the centre of Edinburgh, Lord Gill said: “Two years ago, I was crossing the square outside my court when I noticed two individuals standing, perhaps appropriately, at the Heart of Midlothian, the scene of public executions in Edinburgh in former times. They were holding a large banner. It caught my eye. It said "Lord Gill - Resign!" I never discovered what their reasons were; but I thought what a privilege it was to be a judge in a society where the public could make a constructive suggestion of that nature without being taken away by the police.”

The Speech given by Lord Gill to Commonwealth Law Conference Glasgow 2015, which could be described as more of an assault on free thinking & expectation of judicial transparency, was given just before Brian Gill led a column of judges including Lord Neuberger out of the conference, desperate to flee the earth shaking sight of Julian Assange on a giant screen.

Assange, Wikileaks, the media, even the Scottish Parliament - exist to represent transparency, openness, and ensure the public know what is going on.

Yet Scotland’s judiciary view transparency as insidious, and fear a knock on the door at night. Brian Gill, the Lord President, said so himself - to cheers, and perhaps the odd gasp of shock.

Many of the events listed are run by the Judicial Institute for Scotland – a quango created by Lord Brian Gill to give on the job training to Scotland’s judiciary.

Diary of Injustice reported on the creation of the Judicial Institute by Lord Gill during his first few months as Lord President, in January 2013, here: Teaching old dogs new tricks - Judicial Institute for Scotland aims to drag Judges out of “Victorian” era ways with training, technology, & business as usual.

In a speech detailing the creation of the quango, Lord Gill, emphasised the importance he placed on providing judges in Scotland with high quality training in order to ensure that they are in a position to deal with the raft of new legislation and case law, and that they are fully conversant with courtroom technology and case-management expectations.

Gill said: “Judicial training is not simply an optional extra for the judiciary. We have an obligation individually and collectively to ensure that we maintain a professional approach throughout our judicial life.  This new learning suite will enable us to ensure that judges in Scotland benefit from the latest technology in helping them to meet the challenges that lay ahead”

However, what was initially claimed to be little more than a meeting place for Sheriffs and more senior judges to meet and exchange views, the Judicial Institute for Scotland quickly turned into a cover for largesse, hospitality and travel junkets including overseas trips, conferences at expensive venues & hotels, and posh dinners for judges and their guests - all paid for by taxpayers cash.

As journalists continue an investigation into judicial connections around the world, the scale of judicial meddling & peddling around the world in the past two years becomes more apparent in documents obtained via Freedom of Information legislation.

Bear in mind these events are dressed up as legal gatherings. But as they say, it if’s worth doing, it’s worth doing for money, M’Lord.

And, rather than spending their days in the Court of Session, the judges you pay £40 million a year of public cash, are busy operating their own business and influence peddling machine:

4 April 2014 Sheriff T Welsh QC (Director of the Judicial Institute) Sheriff A Duff (Deputy Director of the Judicial Institute) Visit from Bosnia and Herzegovina: The delegation spent the morning with the Institute, during which we demonstrated and discussed Scotland's support technology for vulnerable witnesses. Held in Edinburgh £28

8 April 2014 Sheriff T Welsh QC (Director of the Judicial Institute) THEMIS Competition Europe-wide debating competition for trainee judges and prosecutors and Judicial Institute contributed towards cost of reception Held in Glasgow. £541.20

14-16 April 2014 Lord Gill Visit to Qatar Lord Gill was invited to address the judges of the Supreme Court on developing a judicial code of conduct. £2,855.52 (overall cost of the visit) The visit actually lasted five days, according to travel expense claims.

16-22 April 2014 Sheriff T Welsh QC (Director of the Judicial Conference) Sheriff Duff (deputy director of Judicial Institute) International: The director and deputy director of the JI presented a session at the conference entitled 'The Role of the Judiciary in Promotion of a Culture of Tolerance'. Held in Islamabad, Pakistan. All costs met by host country.

9 May 2014 Sheriff T Welsh QC (Director of the Judicial Institute) Lord Brodie Visit by delegation from the China University of Political Science and law and the Baowei Corporation: The main purpose of the visit was to gain an insight into the Court of Session and the public law litigation system in Scotland, in light of China's recent revision of its Administrative Litigation Law Held in Edinburg. £103.35

22-26 June 2014 Sheriff McFadyen International Society for the Reform of Criminal Law Conference in Vancouver, Canada: Sheriff McFadyen was invited to address Crimes and Punishments from Beccaria to Present on preventing crime and promoting speedy trial: what would Beccaria think of us? Held in Vancouver, Canada £1,408.31 (overall cost of attending the conference).

19 August 2014 Sheriff A Duff (Director of the Judicial Institute) Punjabi Judicial Academy Via Skype Participation in training course being delivered to Pakistani judiciary No costs

5 September 2014 Sheriff A Duff (Director of the Judicial Institute) Visit by Norwegian delegation of judges and court staff To observe court proceedings and judicial training in Scotland. Held in Edinburgh. No costs

16 - 17 September 2014 Sheriff A Duff (Director of the Judicial Institute) Visit to High Judicial and Prosecutorial Council of Bosnia and Herzegovina: To demonstrate the Scottish approach to the issue of witness protection and the giving of evidence by vulnerable witnesses.Held in Bosnia and Herzegovina All costs paid by host country £21.00

14 Nov 2014 The Judicial Institute Board - Lord Malcolm (Chairman of the Judicial Institute) Lord Woolman (Vice Chairman, of the Judicial Institute)Sheriff A Duff (Director of the Judicial Institute) Sheriff A Cubie (Deputy Director of the Judicial Institute)  UK and Ireland Judicial Studies Council annual meeting Edinburgh: The UKIJSC consists of representatives of the judicial training institutions throughout the UK and Ireland. It meets annually to exchange ideas and information about judicial training £249.50

26 March 2015 Lady Scott Visit by Japanese Supreme Court Justice Takehiko Otani The Judicial Institute hosted an afternoon visit to the Sheriff court and High Court Held in Edinburgh. No costs

12 April 2015 Lord Gill Commonwealth Chief Justices Association Conference Scotland's turn to host the event Held in Glasgow £1741.56

22 June 2015 Lord Malcolm (Chairman of the Judicial Institute) Sheriff A Duff (Director of the Judicial Institute) Visit from Jiangxi, China: The Judicial Institute welcomed a delegation from Jiangxi for a half day visit to learn about Scotland's legal system. Held in Edinburgh. No costs

24 June 2015 Lord Carloway International Society for the Reform of Criminal Law Conference: Lord Carloway delivered a speech on the use of digital technology in the fair and efficient presentation of evidence. Held in Edinburgh. No costs

2 July 2015 Lord Woolman (Vice Chairman of the Judicial Institute) Visit from Seoul Central District Court, South Korea The Judicial Institute for Scotland hosted a visit from Judge Dohyoung Kim who wished to learn about warrants in the Scottish legal system. Held in Edinburgh. No costs.

31 August - 4 September 2015 Sheriff A Duff (Director of the Judicial Institute) EJTN Exchange Visit The Judicial Institute hosted a visit from Judge Frieda San Jose Arrongo who visited the Judicial Institute for Scotland as part of the EJTN exchange programme. Held in Edinburgh All costs met by EJTN

4 September 2015 Sheriff A Duff (Director of the Judicial Institute) Sheriff A Cubie (Deputy Director of the Judicial Institute) Visit from Hubei High People's Court, China: The Judicial Institute hosted a half-day visit of senior judges who wished to discuss areas including the management and supervision of judges as well as alternative dispute resolution and IT. Held in Edinburgh. No costs.

14 September 2015 Sheriff A Duff (Director of the Judicial Institute) Visit from Fredrikstad District Court, Norway: The Judicial Institute coordinated a visit by judges and staff who observed criminal trials, and took part in a panel discussion on a wide range of subjects. Held in Edinburgh, £262

16 October 2015 Lord Woolman (Chairman of the Judicial Institute) Sheriff A Duff (Director of the Judicial Institute) Visit from Beijing The Judicial Institute hosted a late afternoon visit of judges from Beijing High Peoples Court who wished to learn more about judicial training. Held in Edinburgh, No costs

8 - 14 December 2015 Sheriff A Duff (Director of the Judicial Institute) Sheriff A Cubie (Deputy Director of the Judicial Institute) Visit from Pakistan Judicial Training Academies: The Judicial Institute hosted a visit of two judges from the Punjab Judicial Academy who wished to learn more about the Scottish legal system and judicial training in Scotland. Held in Edinburgh. No costs

26 January 2016 Sheriff A Duff (Director of the Judicial Institute) Punjabi Judicial Academy Participation in training course being delivered to Pakistani judiciary Held via SKYPE. No costs

14 April 2016 Lord Carloway World Bar Conference: Lord Carloway was invited to speak at the World Bar Conference. This event brings together the members of independent boards of International Council of Advocates and Barristers. Held in Edinburgh. No costs recorded.

30 May to 2 June 2016 Lady Dorian Lord Pentland Lord Brodie Lord Menzies Lord Bannatyne Lord Woolman Lady Scott Sheriff A Duff JI AMB INTERNATIONAL CONGRESS: Members of Scottish Judiciary presented sessions on the Scottish Legal System over the 4 day conference and hosted a reception for the 180 Brazilian judges plus 70 invited guests Held in Edinburgh. £7,010.40

6 July 2016 Lord Pentland China Law Society Visit from members of the China Law Society which conducts research into all areas of legal and judicial reform Held in Edinburgh, No costs

So, next time you see a protest in another country, against a justice system which serves itself, rather than delivers justice for the community it serves, spare a minute and think, did our judges cause that mess to happen? The odds are, if you believe our own Lord President – Yes.

BRAZIL JUDICIARY’S £7K SUPPER: Scottish reception as investigation reveals UK & Scots judiciary’s links to bribe companies:

Scotland’s Judiciary serenaded Brazil judges while a major ongoing investigation by Brazilian authorities continues into British Companies who bribed their way round Brazil industry and government.

A recent investigation by the Guardian Newspaper and BBC Panorama has established one of the companies  - Rolls Royce - may have benefited from use of alleged payments by network of intermediaries for years Rolls Royce - may have benefited from use of alleged payments by network of intermediaries for years

The latest investigation comes after the Guardian newspaper revealed last year Rolls-Royce was facing further scrutiny over bribery allegations in Brazil after a high-level congressional commission told the newspaper it will investigate the company in connection with a sprawling corruption scandal.

The Guardian further reported Rolls Royce  were involved in two investigations in Brazil after the company admitted last it is cooperating with investigating bodies, believed to include Brazil’s federal anti-corruption authority. The commission confirmed the inquiry intends to examine Rolls-Royce’s relationship with Brazil’s state-owned oil company, Petrobras, currently ensnared in a multibillion-dollar bribery scandal which has prompted political turmoil in the country.

However, any prosecutions or legal action taken as a result of evidence accrued by investigators and authorities in Brazil - is likely to come before members of the AMB Association of Brazilian Magistrates - Brazil’s Judges Association – who were recently in Scotland on public cash junkets to ‘study’ the Scots judicial system and attend ‘law conferences’.

The Association of Brazilian Magistrates held their second International Congress in the United Kingdom from 23 May to 2 June, 2016. After a series of events in London, up to 200 delegates headed to Scotland as guests of events in Parliament House, the WS Library, Edinburgh University and Stirling University.

Information disclosed by the Judicial Office confirmed 180 judges from Brazil were serenaded at plush conferences and expensive dinners by Scottish judges who themselves hold financial stakes in companies also accused of bribery and inciting corruption around the world.

Also on Scottish judges shareholdings list is mining favourite BHP Biliton, who are linked to a massive lawsuit for $44 billion over the collapse of iron ore tailings dam in Bento Rodrigues, a subdistrict of Mariana, Brazil - which killed at least 17 people.

Previous articles on the lack of transparency within Scotland’s judiciary, investigations by Diary of Injustice including reports from the media, and video footage of debates at the Scottish Parliament’s Public Petitions Committee can be found here : A Register of Interests for Scotland's Judiciary.

OPENNESS? LORD, NO: The day Scotland's former top judge lashed out at America’s justice system, accusing US judges of financial ties to corporations & vested interests

US justices base their careers on corporate funds – Lord Gill. DURING a meeting at the Scottish Parliament almost one year ago, Scotland’s former Lord President & Lord Justice General launched a scathing attack on the judiciary of the United States of America, accusing top US judges of harbouring financial ties to corporations & vested interests – in order to ensure their election to judicial office.

The damning accusations against top US Justices – aired in an open session of the Scottish Parliament by Scotland’s longest serving judge - Lord Brian Gill (74) – were not in response to an international incident or some complicated round of diplomacy and trade negotiations.

Rather, Brian Gill’s pulverising attack on the integrity of the judiciary of the United States - looked upon by many as the world’s most powerful democracy – were in response to a proposal for Scottish judges to register their interests – in the very same way judges in the United States and other international jurisdictions are required to register their interests.

Answering questions from MSP Angus MacDonald, Lord Gill quipped: “I do not know that we would want to have a judiciary here that is like the one in the United States. It depends on your personal point of view. I do not give you my view, but I am sure that you can guess what it is.”

Responding to some measure of astonishment, Gill charged in and blew apart the integrity of his judicial colleagues in the US, stating: “I would be very sorry to see a judiciary in which candidates ran for election and in which candidates' election campaigns were based on fundraising from companies and corporations that might be litigants in their courts.”

Judicial Transparency, US style, or for that – judicial transparency from any other jurisdiction, was not welcome in Scotland - according to Lord Gill.

And Gill was the expert. For as one of the shortest term serving Lord Presidents’ of modern times – he spent much of his three year term battling against proposals to require Scotland’s elite, secretive judiciary to declare their significant wealth and connections to the professions & big business as called for in Petition PE1458: Register of Interests for members of Scotland's judiciary.

However, worse was to come from the notoriously anti-transparency judge, who once threatened to deny journalists access to court documents.

Lord Gill – who has since relocated to a posh seat on the UK Supreme Court based in London - was not content with lambasting US justices he accused of cuddling up to corporations for campaign cash.

In response to further questions from the Petitions Committee, Lord Gill opened up another sneering line of attack on US judges, castigating the highly valued nomination hearings of US Supreme Court justices which form a key part of the judicial process in America and are widely available to watch online, with examples such as the nomination process for famed Supreme Court justice Ruth Bader Ginsburg.

Lashing out again at the almost alien concept of judicial transparency coming to Scotland, Lord Gill recoiled: “I would also be very sorry if the day ever came where, before appointment, judges had to come before a committee of this honourable legislature for confirmation and for examination of their political, ethical and social views.”

However, only weeks before Gill made his outburst against the judicial selection process in the United States, the behind closed doors approach to selecting Scottish judges – who dodge questions on their own ties to vested interests inside and outside the legal profession, was revealed in a media investigation here: TO PLAY THE PRESIDENT: Transparency, diversity & judicial reform on the cards as hunt begins for Scotland’s next top judge & Lord President of the Court of Session.

And, investigations by DOI revealed Scotland’s judiciary are themselves, no stranger to financial ties to vested interests and big banks, reported in further detail here: JUDICIAL RICH LIST: Register reveals top judges investments in dodgy justice system providers, companies linked to international bribes scandals and here: COURT BANKING, M’LORD: ‘Unworkable’ register of judicial interests reveals top judges’ financial links to world of big money, insurance giants, vested interests.

No one would ever claim the US justice system, or any justice system was perfect.

It is true, US justices do have links to corporations, and regular coverage appears in the media.

However at least in the United States and other international jurisdictions where registers of interests are required of the judiciary, court users, elected politicians, the media and public have the opportunity by right of law and expectation of transparency - to inspect their judiciary on a much more detailed level than in Scotland.

And, this is what makes the difference. Transparency. An altogether simple case to present. Nothing more complicated than openness itself.

Beware then, those who answer questions on transparency with hand gestures, demands on how to frame the questions being put to them, or using an underlying tone of aggression.

Video footage of Lord Gill’s meticulous, if short derision of judicial colleagues in the United States made clear the former Lord President’s opinion of judges who are required by law and due process to follow a path more transparent than his, and his colleagues within the Judiciary of Scotland.

Lord Brian Gill slams US judges - Top Scots judge claims US judiciary elected by vested interests

Official Record: Petitions Committee 10 November 2015

Angus MacDonald: Thank you. It was important to get that fundamental view on the record.

What is your view of the fact that the United States of America has successfully introduced a register of judicial interests? Has the system in the States increased public confidence in the judiciary?

Lord Gill: I do not know that we would want to have a judiciary here that is like the one in the United States. It depends on your personal point of view. I do not give you my view, but I am sure that you can guess what it is.

Angus MacDonald: I will not pick up on that particular point.

Has there been any evidence on the impact that the US system has had on the independence of judges or the way in which the media treats judges in the USA?

Lord Gill: I would be very sorry to see a judiciary in which candidates ran for election and in which candidates' election campaigns were based on fundraising from companies and corporations that might be litigants in their courts. I would also be very sorry if the day ever came where, before appointment, judges had to come before a committee of this honourable legislature for confirmation and for examination of their political, ethical and social views.

The full evidence session held at the Scottish Parliament with Lord Gill on 7 November 2015 can be viewed here: Evidence of Lord Gill before the Scottish Parliament 10 November 2015 with a full report and transcript of the meeting here: JUDGE ANOTHER DAY: Sparks fly as top judge demands MSPs close investigation on judges’ secret wealth & interests.

In between refusing to give evidence to the Scottish Parliament, Lord Brian Gill spent his time on international travel, and giving a lecture on judicial ethics while on a taxpayer funded state visit to Qatar – a country not known as a haven of transparency or human rights.

Lord Gill’s Qatar expedition funded by public cash is reported in further detail 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.

A year on from the confrontation between Lord Gill and the Scottish Parliament – only after two refusals to give evidence – MSPs await to hear from Scotland’s current top judge Lord Carloway – who, like his predecessor, given an equally hostile opinion on the very notion of judicial transparency and requirements of judges to declare their interests.

A recent report on Lord Carloway’s opposition to judicial transparency can be found here: Top judge Lord Carloway hits out at judicial interests register proposal.

The proposals before the Scottish Parliament received cross party backing from MSPs during a full debate at Holyrood during October 2014 - Debating the Judges - call for the creation of a publicly available register of judicial interests containing information on judges backgrounds, their personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.

Previous articles on the lack of transparency within Scotland’s judiciary, investigations by Diary of Injustice including reports from the media, and video footage of debates at the Scottish Parliament’s Public Petitions Committee can be found here : A Register of Interests for Scotland's Judiciary.

JUDICIAL REGISTER: Calls for Republic of Ireland to create a register of judges’ interests - Senator to table motion on “culture of openness & transparency” for judiciary

Ireland’s Parliament to hear motion calling for judges’ register. THE REPUBLIC of Ireland’s Parliament – the upper house Seanad of the Houses of the Oireachtas – will be the setting for a motion calling for Ireland’s judiciary to be subject to a full register of interests, similar in nature to widely backed proposals currently being investigated by the Scottish Parliament - Petition PE1458: Register of Interests for members of Scotland's judiciary.

The Irish Times recently reported on moves to create more judicial transparency in Ireland, led by independent Senator Victor Boyhan – who intends to table a motion calling for the introduction of a register of judges’ interests to “foster a culture of openness and transparency”as well as confidence -  in the judiciary.

At present in Ireland, as is in Scotland, there is no requirement for members of the judiciary to declare their interests.

Court users in Ireland must, like those in Scotland, rely on a system of archaic oaths written by the judiciary - where judges promise [themselves] to execute their office “without fear or favour, affection or ill-will towards any man”.

The proposal by Senator Boyhan - to increase judicial transparency in the Republic of Ireland come after Ireland’s top judge - Chief Justice Mrs Justice Susan Denham - recommended the establishment of a judicial council – first suggested by the Committee on Judicial Conduct and Ethics in 2000.

The creation of such a council for Ireland, would be similar to the ruling Scottish Court & Tribunal Service Board – the powerful judge-led legal vested interests quango which controls Scotland's courts and must approve all policy or changes in relation to how courts and tribunals function.

Proposals currently on the table envisage the membership of any newly created ‘Judicial Council’ in the Republic of Ireland would consist of the Chief Justice and ordinary judges of the Supreme Court; and the Presidents of the High Court, Circuit Court and District Court and ordinary judges of those courts.

The Judicial Council will be tasked to “develop a code of conduct for judges, as well as oversee and support their training and develop a complaint structure for litigants” and promote “excellence in the exercise by judges of their judicial functions”.

Speaking to the Irish Times, Senator Boyhan said the Government should introduce such a council, as well as a judicial appointments commission, promised in the programme for government, and intended to reform the selection of judges.

He called for a consultation process to begin with the judiciary on the establishment of a register of interests for judges. “I, personally, would be uncomfortable if a judge was a member of a Masonic lodge, for example, or other secret society, and I think that should be declared, as should shares in financial institutions,” he said.

Mr Boyhan said, in the UK, judges have been found to have conflicts of interest in some cases.

Earlier this week, Senator Boyhan gave a speech in the Irish Parliament on the creation of a Judicial Council: Senator Victor Boyhan - Creation of Judicial Council

A report by Diary of Injustice last week revealed links between Scotland’s current top judge – Lord Carloway – who opposes a judicial transparency register – and members of Ireland’s judiciary.

A Freedom of Information disclosure from the Scottish Courts & Tribunals Service (SCTS) revealed details of a junket taken by Lord Carloway and Lady Dorrian to Ireland – to meet senior figures of the judicial establishment in 2014 - IT’S DUBLIN, M’LADY: FOI probe results in Judicial Office adding Lady Dorrian to Lord Carloway’s 'research' junket on Ireland’s criminal justice system

A programme for the visit also revealed Lord Carloway met up with two senior Irish judges in a Chinese restaurant to discuss the ‘efficiencies of courts’.

And a powerful editorial in The Sunday Times newspaper of 28 June 2015, supports the creation of a register of judicial interests in the Republic of Ireland.

The editorial states: “Ireland, as a nation, is a great deal more sceptical than it used to be, hardened by corruption in the body politic, irresponsible behaviour on the part of banks, and appalling revelations of sexual abuse in the Catholic church. There are a few professions, however, whose reputations have emerged largely unscathed from the non-stop diet of negative news engulfing the country for the past decade. The medical profession, teachers and professors consistently score highly with the public. So does the judiciary, and that is why potential conflicts of interest involving judges is an important issue.

The Sunday Times has identified a number of judges who hold shares in companies traded on the stock exchange. There is no law preventing judges from holding investments, nor should there be, but we are long overdue regulations requiring them to declare their interests and those of their close family members. We know from experience that conflicts of interest do arise.”

Within it’s editorial, the Sunday Times - a powerful supporter of transparency alluded to further evidence access international jurisdictions - where asset declaring registers for judges already exist.

The editorial continued: “We cannot think of a single reason why judges should not be required to sign up to a register of interests in the same way that elected politicians must make public their interests through the Standards in Public Office Commission. Indeed, Ireland is a laggard in this regard. Of 137 jurisdictions surveyed by the World Bank, almost 58% had asset-declaration regimes in place for all levels of judges and prosecutors.

Judges, quite rightly, are independent of the executive, so any system of asset declaration would most likely be self-regulating. So long as a register was transparent, robust and available for scrutiny by the public, this should not be an issue.

The ideal base for such a register would be the long-promised Judicial Council. An interim council has been established but the coalition has not prioritised legislation that would formalise the body. This delay does the profession a disservice. The Judicial Council is a priority, as is a judicial register of interests that would copperfasten the profession's reputation for operating to the highest ethical standards.”

Editorials from Scottish Newspapers have also featured judicial transparency supporting editorials on proposals to create a register of judicial interests in Scotland - available to readers here: Sunday Mail - No justice if it cannot be seen and here: Sunday Herald - Judges should not be above scrutiny

HOLYROOD PROBE ON JUDICIAL INTEREST REGISTER CONTINUES:

Scotland’s top judge – Lord President Lord Carloway has been invited to appear before the Scottish Parliament to face questions on his opposition to proposals requiring the judiciary to declare their interests.

The invitation to Lord Carloway has been issued by the Scottish Parliament’s Public Petitions Committee - who are conducting a four year investigation on a proposal calling for judges to be required to declare their vast and varied interests including their backgrounds, personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, membership of organisations, property and land interests, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.

A full debate held at the Scottish Parliament in October 2014 saw MSPs from across the political spectrum support a motion backing the judicial transparency proposals, reported with video footage and the official record, here: Debating the Judges

A recent report on Lord Carloway’s opposition to judicial transparency can be found here: Top judge Lord Carloway hits out at judicial interests register proposal.

Previous articles on the lack of transparency within Scotland’s judiciary, investigations by Diary of Injustice including reports from the media, and video footage of debates at the Scottish Parliament’s Public Petitions Committee can be found here : A Register of Interests for Scotland's Judiciary.