PE1458/R Cabinet Secretary for Justice Kenny MacAskill MSP
T: 0845 774 1741 E:
[email protected]
David Stewart Committee Convener Public Petitions Committee Room T3.40 The Scottish Parliament Edinburgh EH99 1SP
___ 31 October 2013 Dear David Thank you for your letter of 24 September 2013 in relation to the role of the Judicial Complaints Reviewer, her powers and resources available to her. By way of background, Ms Moi Ali, the first Judicial Complaints Reviewer (JCR), was appointed under the Judiciary and Courts (Scotland) Act 2008 (the 2008 Act) by Scottish Ministers, with the consent of the Lord President, for a period of three years from 1 September 2011 until 31 August 2014. The 2008 Act makes provision for a scheme to be established to handle complaints about the conduct of the judiciary. The mechanism is set out, in rules made by the Lord President (Complaints about the Judiciary (Scotland) Rules 2011), which provide that complaints about the personal conduct of a judicial office holder should be sent to the Judicial Office. If, after investigation by a nominated judge, the complaint is upheld the Lord President may decide to take disciplinary action against the judge who has been the subject of the complaint. The 2008 Act provides a right for either the complainer or the judicial office holder who has been the subject of a complaint to refer the matter to the JCR to review the handling of the case to ensure that the set procedures have been followed. The JCR has no power to consider either the merits of any complaint or the disposal of the complaint: the role is limited to considering whether the appropriate procedures have been followed. During the lead up to and passage of the 2008 Act, consideration was given to options regarding the role and functions of an independent reviewer as part of the scheme for dealing with complaints. For instance, consideration was given as to whether or not the Scottish Public Sector Ombudsman ought to be involved but this was rejected on the basis that conferring this function on the Ombudsman would not sit well with the constitutional position of the judiciary. An independent ombudsman, as there is in England and Wales St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.scotland.gov.uk
(who also has functions in relation to the judicial appointments process), was also rejected. It was considered that given the relatively smaller number of likely complaints in Scotland the public expenditure involved in establishing and maintaining an independent ombudsman would be not justified. Parliament concluded that the powers in the 2008 Act were both appropriate and proportionate. I consider that given the relatively short time the post of JCR has been in existence, and the modest number of reviews that have been handled in that time, it is premature to review the powers of the role. I am therefore not persuaded of the need for any change to the role or its functions at this moment in time. As far as resources are concerned, the JCR was intially paid a daily rate for 3 days work per month. The terms and conditions of appointment provide that additional remuneration can be agreed if extra duties involve a greater commitment of time and, following representations from Ms Ali, we have recently increased payment to 4 days per month for the remainder of this calendar year. The JCR also receives funding for office and travel expenses, and for other larger expenses, including the cost of setting up her website. Premises within the Scottish Legal Complaints Commission’s offices were secured for the JCR to allow her access to all workplace essentials and some administrative staff support. However, Ms Ali elected to work from home. Having reviewed the matter, I consider that the current remuneration package is sufficient to enable the JCR to adequately perform her role. I hope that this is helpful.
KENNY MACASKILL
St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.scotland.gov.uk
Cabinet Secretary for Justice Kenny MacAski II MSP
The Scottish Government
T: 0845 774 1741 E:
[email protected]
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PUBLIC PETITION PE1458 ON A REGISTER OF INTERESTS FOR MEMBERS OF SCOTLAND'S JUDICIARY Thank you for your letter of 6 March 2014 regarding the above Public Petition. for the delay in responding.
I apologise
You ask whether the Scottish Government will review its position on whether members of the judiciary ought to register their interests. I note the evidence the Committee has gathered on this issue and, in particular, the arguments presented by the Judicial Complaints Reviewer (JCR) that a register of interests would increase transparency and public trust in the judiciary. The JCR considers that there is merit in a register of interests for members of the judiciary. do not think it necessary to establish such a register. I continue to be of the view that there are already sufficient safeguards in place to ensure the impartiality of the judiciary. These have been set out in previous correspondence and comprise the judicial oath, the Statement of Principles of Judicial Ethics and the rules made under the 2008 Act. I do not consider that the case has been made that these existing safeguards are not effective.
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[email protected]
David Stewart c/o Public Petitions Clerk Room T3.40 The Scottish Parliament Edinburgh EH99 1SP
In 2014 Scotland Welcomes the World
___ 4 June 2014
Dear David
PUBLIC PETITION PE1458 ON A REGISTER OF INTERESTS FOR MEMBERS OF SCOTLAND’S JUDICIARY Thank you for your letter of 8 May 2014 in relation to the above petition. I note that the Committee has agreed to seek time in the Chamber to debate the issues raised. In advance of any debate you have asked for comments on the letter from the Judicial Complaints Reviewer (JCR) to the Committee of 23 April 2014. In that letter the JCR states that she considers it likely that the number of complaints against the judiciary would fall if there was a published register of interests for the judiciary. As I have said previously, it would be for the Lord President to establish such a register of interests in his capacity as Head of the Scottish judiciary. However, the Scottish Government does not consider there is currently any evidence to suggest that the existing safeguards - the judicial oath, the Statement of Principles of Judicial Ethics and the Rules made under the Judiciary and Courts (Scotland) Act 2008 - are not effective and does not therefore consider that such a register is necessary. The JCR expresses a concern that the rules about complaints against the judiciary are not fit for purpose. As you know, the complaints and discipline process created by the 2008 Act has been running for a relatively short time. The Complaints About the Judiciary (Scotland) Rules have been in operation for just over 3 years, and the Lord President is currently considering amendments to these rules following a consultation last autumn to which the JCR contributed. The JCR is due to step down at the end of her three year term of office on 31 August 2014. My officials are currently making the necessary arrangements for the recruitment of a new Taigh Naomh Anndrais, Rathad Regent, Dùn Èideann EH1 3DG St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.scotland.gov.uk
JCR who will benefit from all the hard work carried out by the current JCR in setting up this office and carrying out reviews of complaints under the new complaints procedure. They will also work with the new JCR to provide support and to consider any thoughts or changes the new JCR feels appropriate in due course. I hope that this is helpful.
KENNY MACASKILL
Taigh Naomh Anndrais, Rathad Regent, Dùn Èideann EH1 3DG St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.scotland.gov.uk
