This item was published during the term of a previous administration that ended in April 2007
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Plans to strengthen judges' independence
08/02/2006
Proposals were set out today to unify Scotland's judges and sheriffs into a single judicial organisation, led by a Lord President with enhanced powers and responsibilities for training, discipline, and the judiciary's dealings with Parliament and Government.
The proposals are part of a wide-ranging consultation paper - Strengthening Judicial Independence in a Modern Scotland - published today by Justice Minister Cathy Jamieson and Lord Advocate Colin Boyd.
Ms Jamieson said the proposals offered the opportunity for the judiciary to play a leading role in reforming courts for those who use them, and reduce the Executive's day to day involvement in the administration of the judicial system - strengthening the fundamental principle of judicial independence.
The proposals include:
- establishing the Lord President as head of a unified judiciary covering both High Court Judges and Sheriffs;
- conferring new powers and responsibilities on the Lord President for the training, deployment, welfare, and discipline of this unified judiciary;
- giving this enhanced Lord President role a specific power to make written representations to the Scottish Parliament on matters of importance to the judiciary and the administration of justice;
- standardising the present differing provisions for the removal from office of an unfit judge, sheriff, or part-time sheriff;
- establishing a comprehensive complaints scheme for judges' conduct, overseen by the Lord President with discretion on all disciplinary options short of removal - such as warnings, extra training, and potential transfer to another court;
- inviting views on whether all solicitors - and not just those working in the higher courts for five years or more - should be eligible for appointment as a Court of Session Judge;
- and establishing the Judicial Appointments Board, with its equal mix of lay and legal membership, on a statutory basis.
Justice Minister Cathy Jamieson said:
"We have already made significant progress in modernising the way the courts operate. An efficient and effective court system is key to the protection of everyone in our communities throughout Scotland.
"We want to build on this, and give the judiciary greater opportunities to secure the more efficient and effective disposal of business in the courts. They are uniquely placed to do this, but the way the judiciary are presently organised works against their developing and implementing consistent practices throughout the system.
"These proposals for change will modernise the organisation and leadership of Scotland's judiciary, reduce the involvement of the Executive in the day-to-day administration of the system, and introduce a scheme for dealing with judicial misconduct."
Lord Advocate Colin Boyd added:
"The independence of the judiciary is at the heart of a modern democracy founded on the rule of law. These proposals guarantee judicial independence as a fundamental constitutional principle while strengthening effectiveness through the creation of a unified judiciary.
"I welcome the fact that our proposals fulfil a commitment to legislate on the new system of recommending judicial appointments which is already working well on an administrative basis. The consultation paper also invites views on whether eligibility for appointment as a judge of the Court of Session should be open to all solicitors."
The consultation document - Strengthening Judicial Independence in a Modern Scotland: A consultation on the unification, appointment, removal and management of Scotland's Judiciary - is available at:
http://www.scotland.gov.uk/Consultations/Current
The consultation, launched today, will last for three months.
Scottish Ministers are committed to bringing forward a Bill to take forward the modernisation of judicial appointments and removal in this Parliament, and plan to do so later in 2006.