The spluttering from within Edinburgh’s New Club is the sound of indignant judges.
Scotland’s most senior beak, the £225,000-a-year lord president of the Court of Session, Lord Carloway, told a senior public sector salary review body last year of only eight applicants for a vacancy on the Court of Session bench.
Yet the judicial PR machine has been peddling the claim that too many top lawyers have no interest in seeking such well-paid office.
Yet the judicial PR machine has been peddling the claim that too many top lawyers have no interest in seeking such well-paid office.
One reason cited is the impertinence of MSPs on Holyrood’s public petitions committee.
For five years, these pipsqueaks have debated a proposed register of judicial interests which intends to shine light on their outside business, professional and financial affairs.
A highlight was when the previous lord president twice snubbed Holyrood only to deliver a speech about judicial ethics in Qatar.
For five years, these pipsqueaks have debated a proposed register of judicial interests which intends to shine light on their outside business, professional and financial affairs.
A highlight was when the previous lord president twice snubbed Holyrood only to deliver a speech about judicial ethics in Qatar.
These most recent dire rumblings about MSPs eroding judicial independence are disingenuous.
After the 1707 Act of Union, a judicial aristocracy occupied Parliament House and for centuries their authority and status grew unchecked.
Today it seems startling that this ultimate old boys’ club excluded women until 1996.
After the 1707 Act of Union, a judicial aristocracy occupied Parliament House and for centuries their authority and status grew unchecked.
Today it seems startling that this ultimate old boys’ club excluded women until 1996.
They remained exclusively male, and in possession of the correct old school tie, because of the opaque appointment process involving a tap on the shoulder from the lord president.
When that role was ceded to the Judicial Appointments Board for Scotland in 2002, similar grumbling was heard. The late Lord McCluskey described the “humiliating” new process as akin to “schoolchildren applying for elevation to the rank of prefect”.
Of course the board is now accepted as necessary. The criteria for applicants are explicit and founded upon legal knowledge, ability and experience, not just being the right sort of chap.
When that role was ceded to the Judicial Appointments Board for Scotland in 2002, similar grumbling was heard. The late Lord McCluskey described the “humiliating” new process as akin to “schoolchildren applying for elevation to the rank of prefect”.
Of course the board is now accepted as necessary. The criteria for applicants are explicit and founded upon legal knowledge, ability and experience, not just being the right sort of chap.
Similar hostility arose with the creation of the post of judicial complaints reviewer, whose first incumbent was the fearless Moi Ali.
Aggressive lobbying about independence ensured that the complaints process stayed in the grip of judges, unlike England and Wales where people have an ombudsman with real powers.
Upon realising she was a toothless watchdog, Ali quit.
Aggressive lobbying about independence ensured that the complaints process stayed in the grip of judges, unlike England and Wales where people have an ombudsman with real powers.
Upon realising she was a toothless watchdog, Ali quit.
An independent judiciary is vital but it is time for m’luds to embrace transparency to strengthen trust and confidence in them and our courts.
Russell Findlay is an investigative journalist and author
by Russell Findlay, first published in The Times, August 15, 2017:
https://www.thetimes.co.uk/my-articles/more-transparency-m-luds-will-win-you-deeper-trust-f63tn53tg
https://www.thetimes.co.uk/my-articles/more-transparency-m-luds-will-win-you-deeper-trust-f63tn53tg
Comments
Post a Comment