Drug smuggling, threats to destroy clients & Prosecutors convicted of child porn offences : Welcome to Scotland’s not-so ‘world class’ or ‘well respected’ legal profession

Scotland’s ‘well respected’ legal profession in the dock as solicitor jailed for drugs smuggling. YET another rough week for Scotland’s world famous legal profession has ended with the sentencing of solicitor David Blair Wilson to four years in jail for attempted smuggling of mobile phones & drugs into Saughton jail. As some legal observers have pointed out to journalists today, many feel the case only reached court because the media had reported on events surrounding the high profile swoop on Blair Wilson outside Saughton Prison in October 2011.

Blair Wilson had been targeted by a sting operation after Police & Prison authorities had been tipped off he was running a well planned operation, smuggling illegal drugs which had been heat sealed into pages of A4 paper, and other banned items such as mobile phones into Saughton Prison.

Sunday Mail reported arrest of David Blair Wilson in October 2011. His trial, which lasted six days in April, saw dramatic CCTV footage of plain clothes police officers blocking any attempt by Blair Wilson to drive away in his silver hatchback after making an exit from prison buildings. Police then led him away in handcuffs. Police subsequently searched Blair Wilson’s car and uncovered mobile phones, diazepam tablets worth up to £2800 at inflated prison prices, and cannabis resin with a prison value of £4000 along with other contraband items.

A jury's majority verdict convicted Blair Wilson of attempting to smuggle three mobile phones, three SIM cards along with two chargers and two earphones into the jail. He was also found guilty, by majority, of being concerned in the supply of cannabis resin, diazepam and body-building drugs, in particular to prisoner Lee Brown who is serving 18 years for attempted murder.

Blair Wilson rose to fame as a central character in the Magic Circle scandal of the late 1980’s, where the most senior members of Scotland’s judiciary had been investigated for having inappropriate liaisons with ‘young males’ and ‘rent boys’, liaisons which has clearly spilled over into the courts system, according to Police intelligence at the time.

Scottish Law Reporter has reported on the Magic Circle in an article HERE and has also featured a report on the key role of a former Lord Advocate in what was known at the time as Operation Planet, an investigation run by Lothian & Borders Police to catch crooked judges & prosecutors ‘who were swapping boys for favours in Scottish Courts’, HERE. Lord Nimmo Smith QC’s REPORT ON MAGIC CIRCLE GAY JUSTICE SCANDAL, has been widely refuted by many as a whitewash of the corruption in the Scottish judiciary, which some claim, with evidence, continues to this day.

Solicitor Grant Docherty – threatened to destroy a client. THIS WEEK had already started on a bad note for Scotland’s legal profession, when it was reported Police are allegedly investigating another solicitor, Grant Docherty, the current head of Banking & Finance for DWF Biggart Baillie after evidence presented to the Scottish Solicitors Discipline Tribunal (SSDT) revealed a torrent of messages containing threats & abuse from Mr Docherty to a client, over a failed house purchase. More on the story can be found at Scottish Law Reporter here : Police called in to investigate DWF Biggart Baillie’s Banking & Finance head solicitor Grant Docherty, fined £7.5K by Discipline Tribunal over ‘crazed’ threats made to client

Scottish Law Reporter reported that evidence presented to the SSDT and included in complaints made to the Law Society of Scotland revealed that solicitor Docherty (aged 49), who is currently head of the Banking & Finance team at DWF Biggart Baillie said Robert Rankin would be ripped “to shreds” after failing to come up money for a house purchase. The Discipline Tribunal also heard that Docherty, 49, sent his client a string of abusive texts including one which warned: “I’ll come after you with everything I have.” A further text said: “This is personal. You’re a liar and the worst sort of human being.”

It was also reported the Law Society of Scotland’s Prosecuting Fiscal, Paul Marshall, told the Scottish Solicitor’s Discipline tribunal in Edinburgh of the contents of the messages, which said in one case : “He said he would rip Robert Rankin to shreds.” Mr Marshall went on to tell the Discipline Tribunal that some of Docherty’s 33 messages, which had been sent between December 2010 and January 2011, were also seen by the client’s young son. One of the messages said Docherty would “ensure” Robert was “destroyed”.

Docherty only stopped threatening his client, who had been put in a state of fear & alarm by the solicitor’s actions, when Police were called in. Complaints were then made to the Law Society of Scotland who brought the prosecution of Docherty before the Tribunal hearing in April where the solicitor was eventually fined £7,500 after being found guilty of professional misconduct although allowed to continue working.

A month on from the Tribunal hearing involving Grant Docherty, the Scottish Solicitors Discipline Tribunal have failed to publish its decision and any evidence heard during proceedings. Scottish Law Reporter added in their report that discussions have apparently been taking place “with a view to refrain from publishing some of the more threatening texts sent by the solicitor, which a well placed legal insider claims are allegedly of a violent nature”.

The brewing row over the SSDT’s conduct in the Tribunal hearing against solicitor Grant Docherty apparently relates to the content of many of the messages sent by Docherty to his client, content which some allege to contain life threatening statements which the SSDT do not want to publish in their final decision. Yet despite the seriousness of the threats made by the solicitor, the Tribunal chairman Alistair Cockburn could only manage a comment claiming : “The expressions used were unfitting of a solicitor.”

Admittedly, Mr Cockburn’s lack of shock may well be put down to the fact that solicitors physically threatening their clients has become commonplace in complaints, with substantial evidence pointing to the Law Society watering down client;s allegations to ensure most cases never made it to the media.

Former Procurator Fiscal Depute Stuart MacFarlane who served in Iraq, awaits sentence for downloading child porn. MIDWEEK faired no better, after the media reported that former Procurator Fiscal Depute Stuart MacFarlane (45), from Glasgow, had admitted downloading child pornography from the internet, reported further on Scottish Law Reporter here : Shame for Crown Office & Lord Advocate as former Procurator Fiscal Stuart MacFarlane admits downloading child porn, added to sex offenders register

The former Procurator Fiscal, who had served in the Army in Iraq, and is now apparently working as a contractor in Afghanistan, was caught with at least 15,000 images of child pornography on computer equipment at his home after Police succeeded in gaining a search warrant to raid his premises and seize computer equipment. Images seized by Police from computer equipment owned & used by MacFarlane showed acts of a sexual nature against minors, and also pictures of sexual acts with animals. Macfarlane now awaits to hear if he will be handed a custodial prison sentence on MacFarlane although his name was placed on the sex offenders register.

MacFarlane had served as a Procurator Fiscal Depute at Scotland’s Crown Office & Procurator Fiscal Service (COPFS) for many years, and during his time there the media reported MacFarlane strangely escaped prosecution for earlier charges of indecency with a prostitute the Crown Office claiming at the time “it was not in the public interest” to prosecute.

The current Lord Advocate, Frank Mulholland, and the Crown Office have issued no statement or comment on their former colleague’s admission to downloading child porn, instead preferring to run off Press Releases praising their own conviction rate, and doubtless hoping for the reinstatement of bonuses or inflated salaries.

Philip Yelland, Head of Regulation at the Law Society of Scotland. Coming along to reassure us the Law Society of Scotland would act further in the case of David Blair Wilson, but apparently not in the case of the convicted former Prosecutor, or the top banking lawyer who threatened his client, the Law Society of Scotland’s Director of Regulation, Philip Yelland issued a Press Release stating : Former solicitor, David Blair-Wilson was today, Friday 17 May, sentenced to four  years in prison at Edinburgh High Court. The length of sentence means that he faces automatic prosecution before the Scottish Solicitors Discipline Tribunal. Mr Blair-Wilson has not held a practicing certificate which would allow him to work as a solicitor since October 2011.

Mr Yelland, who has been at the Law Society of Scotland for 23 years and who’s name has become familiar to clients who have received no justice against corrupt solicitors, commented : "Solicitors are expected to maintain the highest standards both in their professional and personal lives. They are bound by rules including rules about their conduct, and serious criminal convictions are a breach of these rules. We will get official notice of the sentence from the authorities, which will allow us to raise a formal complaint which enables us to take a prosecution to the independent Scottish Solicitors Discipline Tribunal."

Mr Yelland, after twenty three years at the Law Society, handling all the cases you have, your department & its staff saving hundreds of solicitors from the long arm of the law, from justice for clients, saving those solicitors who should rightly be stuck off after they ruined clients lives, interfering in many client’s legal cases in courts against solicitors … you must be kidding.

Scottish Law Commission criticised as Draft Bankruptcy Act for Scotland fails to protect weakest victims of debt & insolvency from AIB’s multi million pound sequestration racket

Missed opportunity to protect vulnerable Scots from draconian Bankruptcy powers. A REPORT presented by the Scottish Law Commission (SLC) on the Consolidation of Bankruptcy Legislation in Scotland has been branded by critics as a missed opportunity to curb & control the multi million pound sequestration racket in Scotland which sees private firms of accountants gain millions of pounds in little talked about public contracts to go after people who have little or no ability to pay back their debts.

Rather than address the most pressing & critical problems involving sequestrations & bankruptcies in Scotland, which in several cases have seen agents acting for the Accountant in Bankruptcy freezing state disability payments to the long term sick & disabled, the Scottish Law Commission has chosen to fiddle with definitions & semantics of legislation in order to ‘consolidate’ legislation which is currently working as a license for private accountants to print money at the taxpayers expense.

In its official figures published on 24 April 2013, the Accountant in Bankruptcy reported that for the fourth quarter of the financial year 2012-13 there were 3,472 personal insolvencies in Scotland, generating millions of pounds of private contracts handed out to select private firms of accountants.

Diary of Injustice has previously reported on how lavish multi million pound contracts are handed out to accountancy firms by the AIB, here : £8 MILLION of YOUR MONEY spent on ‘BULLY BOY’ agents as papers to MSP reveal Accountant in Bankruptcy secretly seize benefits of disabled, trashing lives of Scots on the brink

Most of the law recommended for consolidation is already contained in the Bankruptcy (Scotland) Act 1985. The 1985 Act has been heavily amended in recent years, most notably by the Bankruptcy and Diligence etc. (Scotland) Act 2007. Many of the provisions of the 1985 Act are excessively long and the structure of the Act has become difficult to follow with the result that the Act has lost coherence.

The Report makes a number of recommendations for amendments to the Bankruptcy (Scotland) Act 1985. The changes relate to matters of technical detail and are intended to remove anomalies, treat like cases in the same way or to omit provisions that no longer serve any purpose.

Annexed to the Report are -

A Bankruptcy (Scotland) Bill to consolidate the legislation;
Tables of Destinations and Derivations relating to the provisions;
A draft Order which we envisage would be made under section 104 of the Scotland Act 1998
and which would give effect to certain provisions of the Bill in other parts of the UK.
The Commission has worked closely with the Accountant in Bankruptcy in producing the Report.

Commenting on the Scottish Law Commission's report, Lady Clark of Calton, the Chairman of the Commission said : "It is important that the law on bankruptcy should be stated in a clear and accessible form. The existing statutory provisions dealing with bankruptcy are cumbersome and difficult to use. We hope that consolidating the legislation will make it easier and more efficient for practitioners and others to provide advice to people faced with personal bankruptcy”.

Rosemary Winter-Scott, Chief Executive of Accountant in Bankruptcy who has previously refused to answer questions on why her organisation has frozen access to benefits payments to the disabled for up to seven months at a time, said : “We welcome the Scottish Law Commission’s Report on the Consolidation of Bankruptcy Legislation in Scotland. Bankruptcy legislation in Scotland has been heavily amended over the years and the consolidation will ensure that the legislation is more accessible for practitioners and those affected by it. A Bankruptcy Bill is due to be introduced in the Scottish Parliament this summer. We expect the Consolidation Bill to follow after that Bill has completed the parliamentary process. This will bring bankruptcy legislation in Scotland into the 21st century.”

However, a spokesperson for one of Scotland’s consumer organisations told Diary of Injustice she was dismayed the Scottish Law Commission had not taken the opportunity to look deeper into how the Accountant in Bankruptcy has effectively misused its powers to force debt ridden victims into complicated long term repayment deals which are clearly unaffordable and not required in terms of law.

She said : “The Scottish Law Commission is well aware of substantial problems with the application of bankruptcy legislation in Scotland and this would have been a good opportunity to suggest amendments to ensure the weakest in society are protected from actions undertaken by the AIB against persons who are in receipt of disability benefits, actions which are clearly unacceptable in a civilised society.”

More can be read on the Scottish Law Commission’s report on Bankruptcy legislation HERE

With the prospect of new legislation being put before the Scottish Parliament, anyone who has been sequestrated or made bankrupt in Scotland and who has experienced difficulties with the Accountant in Bankruptcy and their agents, are encouraged to write to their MSPs and make submissions to the Scottish Parliament.

If you have encountered problems with the Accountant in Bankruptcy or their agents, Diary of Injustice would also like to hear from you via scottishlawreporters@gmail.com

Denied justice due to lack of funds ? Litigants can apply for Exemption from Court fees in Scotland if you are on low income or in receipt of certain benefits

Lacking funds ? Don’t be denied justice just because of court fees WITH the tough financial times and lack of affordable legal representation in Scotland, it is important for those needing to access Scotland’s courts to remember there are avenues available to them to assist in their right to access to justice. One of those avenues is exemption from court fees if you are on benefits.

The following guide is reprinted from the Scottish Courts website regarding court fees, to assist readers who find themselves in such circumstances : Court Fees

There are various fees payable for submitting applications to the court and for lodging documents at different stages of the court procedure. The fees are set out in Scottish Statutory Instruments (referred to as a Fee Orders). These are regularly updated by Fee Amendment Orders.

• Sheriff Court
• Court of Session
• High Court
• Justice of the Peace Court

Scottish Court Service Fees Statement

A summarised version of the Sheriff Court, Court of Session, High Court and Justice of the Peace Court Fees Orders covering the period from 10 December 2012 until 31 March 2015 can be accessed here

Fee exemption

You may be entitled to exemption from paying court fees in the following circumstances:

You or your spouse/civil partner are in receipt of:

• income support
• Income-based employment and support allowance
• Pension credit guarantee credit
• working tax credit, including child tax credit and gross annual income used for calculation of tax credit is £16,642 or less
• working tax credit, including a disability element and gross annual income used for calculation of tax credit is £16,642 or less
• working tax credit, including a severe disability element and gross annual income used for calculation of tax credit is £16,642 or less

You are in receipt of: 

• income-based jobseeker’s allowance
• universal credit (from 29 April 2013) 

If you are applying for fee exemption as you or your spouse/civil partner are in receipt of one of these benefits, you must provide a letter from either DWP or HMRC confirming the receipt of the benefits. Your exemption cannot be processed without proof of receipt of benefits.

You may also be entitled to exemption from paying court fees if:

• You are receiving civil legal aid in respect of the matter for which the fee is payable (Section 13(2) of the Legal Aid (Scotland) Act 1986 refers); or
• The fee is payable in connection with a simplified divorce or dissolution of civil partnership application and you are receiving advice and assistance from a solicitor in respect of that application (Legal Aid (Scotland) Act 1986 refers); or
• The fee is payable in connection with work being undertaken by your solicitor which qualifies for civil legal aid as matter of “special urgency” (Section 36 of the Legal Aid (Scotland) Act 1986 refers).

Applications where fee exemption does not apply:

You cannot apply for fee exemption if you are making an application in relation to commissary proceedings (dealing with a deceased person’s estate) or if lodging a petition for removal of disqualification from driving under the Road Traffic Offenders Act 1988.

Download a fee exemption form.

If anyone requiring to apply for exemption from court fees due to their financial circumstances does encounter too much ‘red tape’ or undue obstructions placed in their applications, Diary of Injustice journalists would like to hear from you, via scottishlawreporters@gmail.com

Carving up the client roast : Solicitors regulator SLCC’s Board Members Interests reveals connections, influence & how quango positions, consultancy empires are built behind closed doors

Judges should do it too - Register of Interest at Scots solicitors regulator reveals connections public should know. WHILE the Scottish Parliament await to hear from Scotland’s Lord President Lord Brian Gill who was asked over a month ago to reconsider his refusal to attend an evidence session before MSPs on the subject of Petition PE1458: Register of Interests for members of Scotland's judiciary, it is worth noting there are others in Scotland’s closed shop legal empire who are already bound by rules which require them to declare their interests.

The board members of Scotland’s notoriously inept, scandal prone legal regulator, the Scottish Legal Complaints Commission (SLCC) have been required to declare their interests in an updated register published online by the SLCC, after DOI journalists submitted Freedom of Information requests to the ‘independent’ SLCC in 2008 for details of board members interests & connections.

Over the past five years of the SLCC, its changing, and burgeoning board members lucrative interests have been reported on Diary of Injustice, where connections with big business, law firms, the lucrative world of mediation & consultancies, Scottish Government quangos and the well-remunerated committee circuit have shown some at the SLCC with more than 10 jobs at a time.

Unsurprisingly, little has changed in 2013, with the most recent published version of the SLCC’s Board Members Register of Interests revealing most of it’s board members haves the usual ‘as long as your arm’ list of interests which gives credence to critics & consumers perception of the Scottish Legal Complaints Commission as a bit of a time wasting exercise in the regulation of complaints against solicitors.

Notably, the 2013 Register of Interests at the Scottish Legal Complaints Commission currently published, lacks mention of any information which may give an indication of a wealth quantification of those on the SLCC’s board, however it is plain that those who end up at the SLCC, just as those who end up promoted to positions within Scotland’s judiciary, appear to gather up money making roles on boards, jobs as consultants and other high earning money spinners almost as easy as ordering a pizza.

Any register of interests for Scotland’s Judiciary will most certainly have to include more specific information on judges and their links, interests etc which the SLCC currently, curiously omits.

The current Register of Interests published by the Scottish Legal Complaints Commission is published below, however it should be noted there is as yet no entry for the SLCC’s newest Board Member, former Scottish Information Commissioner Kevin Dunion who was consistently critical of how the SLCC handled Freedom of Information requests to the media.

Bill Brackenridge (Chairman, SLCC)
*Non-Executive Director of Highland Health Board.
*Non-Executive Director of the State Hospital Board.
*Chairman, Argyll & Bute Adult Protection Committee.

Lawyer Members :

George Clark
*Director of Scottish Building Society and SBS Mortgages Limited.
*Former Consultant/Partner with Morton Fraser LLP from 1979 until 2012.
*Chair of the Private Rented Housing Panel in Scotland.
*Previously, Chairman of Edinburgh Solicitors Property Centre from 1988 until 2001.
*Chair, of Homeowners Housing Panel.
*Member of Scottish Rugby Council

Ian Leitch CBE
*Member of the Law Society of Scotland.

Maurice O'Carroll
*Practising Member of the Faculty of Advocates 1995 – date.
*Ad hoc Advocate Depute for Crown Office 2002 – date.
*Brother of Sheriff Derek O’Carroll who as a practising Member of the Faculty of Advocates (2000-2010).
*Board Member of the Homeowners Housing Panel 2012 – date.

‘Lay’ Members :

Ian Gibson
*Board Member of NHS Highland and Chair of Health and Social Care Committee.
*Member of consultant’s panel for Lloyds TSB Foundation for Scotland.
*Member of consultant’s list for Development Partners Ltd providing business advice services for Highlands and Islands Enterprise.
*Member of consultant’s panel for the Charities Aid Foundation.
*Volunteer business mentor Scottish Chamber of Commerce.
*Cousin is a partner in Kirklands Solicitors Perth.
*Nephew is a solicitor advocate with Simpson Marwick; his partner is an advocate in Axiom stables.
*Trustee CLIC Sargent.
*Secretary of Newtonmore Camanachd Club.

Dr Samantha Jones
*Director of Islandscape Photography (self-employed).
*Freelance consultant.
*Formerly, an Associate Consultant with Valuta Ltd during (2010).
*Previously, Clerk to the Standards Committee and HR Change Programme
*Manager for Scottish Parliament (2000-2010).
*During time with Scottish Parliament had regular professional contact with staff of the Government Legal Service for Scotland (GLSS) (2000-2010).
*Chair of Mull Theatre Ltd – voluntary unpaid role.
*Director of Comar, SCIO – voluntary unpaid role.
*Director of Wild Scotland – voluntary unpaid role.
*A Licentiate of the Royal Photographic Society – voluntary unpaid role.
*Volunteer Crew Member at Tobermory RNLI and the station's Lifeboat Press Officer – voluntary unpaid role.

Iain McGrory
*Commissioned the services of Simpson and Marwick Solicitors, Aberdeen and Edinburgh Branches, on behalf of Grampian Police, on several occasions between 2002 and 2010.
*Iain McGrory is an independent complaints handling consultant trading as IJM Professional Services.
During 2012 he provided consultancy services to the Association of Chief Police Officers in Scotland (ACPOS) and the Police Complaints Commissioner for Scotland (PCCS).
*He is currently Chairing a Working Group on behalf of the Scottish Government – Police Reform Team, tasked with producing updated Conduct Regulations for the new Police Service of Scotland.

Fiona Smith
*Formally HR Director for NHS Orkney from 2004 to 2011.
*Professional dealings with the NHS Central Legal Office between November 2004 and February 2011.
*Currently providing associate consultancy services to KBAScotland, including being a member of consultant’s list for Development Partners Ltd providing business advice services for Highlands and Islands Enterprise.
*Partner in Sorton Partners, a business advice and consultancy partnership.
*Associate of Impact International, a training and development provider.

The SLCC’s full register of interests is available online HERE, and is worth comparing with previous versions, reported by Diary of Injustice here, More ‘jobs for the boys’ than action on ‘crooked lawyers’ : What it takes to be a Board Member at the Scottish Legal Complaints Commission.

An earlier report on the recruitment of some of the above board members, which compares their previous positions to those now listed above, is available here : One more ex-cop for anti-client Scottish Legal Complaints Commission as Justice Secretary hands out five year quango jobs at £212 per day

What is there to hide ? : A Register of Judicial Interests will bring much needed transparency & accountability to Scots Judiciary too used to life behind closed doors

Top judge Lord Gill has so far refused to answer questions on judicial secret interests. AS reported by Diary of Injustice earlier this week, MSPs from the Scottish Parliament’s Public Petitions Committee have  once again invited Scotland’s top judge, the Lord President Lord Brian Gill to attend Holyrood to explain his ‘robust’ opposition to a proposal put forward in Petition PE1458 which calls for a Register of Judicial Interests for all members of Scotland's judiciary.

This second invitation from the Scottish Parliament to Scotland’s most senior judge comes after the Lord President Lord Gill earlier refused to attend the Petitions Committee to discuss issues raised in Petition PE1458, reported here : Scotland’s top judge Lord Gill refuses to attend Scottish Parliament to face questions over opposition to register of judicial interests

Petition PE1458: Register of Interests for members of Scotland's judiciary which was debated again at the Public Petitions Committee on Tuesday 16 April 2013, calls for the Scottish Parliament to urge the Scottish Government to create a Register of Pecuniary Interests of Judges Bill (as is currently being considered in New Zealand's Parliament) or to amend present legislation to require all members of the Judiciary in Scotland to submit their interests & hospitality received to a publicly available Register of Interests.

The full Official Report of last week’s Petitions Committee meeting where Petition PE1458 was discussed, has now been published, available online HERE, and is reprinted below, along with a link to video footage of the PPC meeting for readers convenience.

All previous reports from Diary of Injustice and further information on the drive to create a register of interests for Scotland’s judiciary can be viewed here : A Register of Interests for Scotland's Judiciary

Petition 1458 Register of Interests for Scotland's Judiciary Scottish Parliament 16 April 2013 (click image below to watch video footage of Petitions Committee debate)

Judiciary (Register of Interests) (PE1458)

The Convener David Stewart MSP:  The eighth current petition is PE1458, by Peter Cherbi, on a register of interests for members of Scotland’s judiciary. Members have a note by the clerk and the submissions. Members will be aware that there has been a lot of press coverage of the issue and that Lord Gill, the Lord President, declined the invitation to appear before the committee. As members will know, under the Scotland Act 1998 we have no power to cite judges to appear before us.

We received a courteous letter from Lord Gill, but it is important for us to get key figures in the judiciary to help us with the petition. I suggest that we send a courteous letter back, re-inviting Lord Gill and asking him how many judges have been recused and whether there is more detailed evidence on the effectiveness of the current system.

We should also seek the views of the Judicial Appointments Board for Scotland and the judicial complaints reviewer. If members think that it is important to have people in front of us, we could ask representatives of those latter two bodies to attend.

I know that several members have fairly strong views on the issue.

Chic Brodie MSP:  We have seen the answer from the Lord President. No one has said that the Scotland Act 1998 is perfect and, in this instance, it is not. We are all equal before the law, even those who dispense it. We should send a courteous letter, but it should be robust, on the basis that the Lord President has written to us but his letter does not necessarily answer all our questions. What is there to hide?

I am sure that we all want openness and transparency in our Parliament, which is the sovereign Parliament of the Scottish people. As a member of that constituency, the Lord President, like anyone else, should at least pay obeisance to a request by the committee on behalf of the Parliament for him to attend. I sincerely hope that he reconsiders his position and attends at the earliest opportunity.

Jackson Carlaw MSP :  We cannot compel the Lord President to give evidence, but I would say that he has already set aside that provision by choosing to contribute evidence in writing. We are seeking to explore that evidence with him further, now orally, which I think is entirely reasonable.

I would put an accent on Chic Brodie’s point, because the unintended consequence of the Lord President’s not coming is to gather support for the petition in the committee in the absence of our being able to establish for ourselves the necessity for progressing with its proposals. That is unfortunate. Therefore, we should say as politely as possible that, although the Lord President with his great erudition and extraordinary intellectual capacity might not be able to anticipate what further advice he could give us that we would find of interest or helpful, that is nonetheless something that we might be able to determine.

The Convener David Stewart MSP : To recap, we will write to Lord Gill and ask him to attend. We will ask him how many judges have been recused and whether there is more detailed evidence on the effectiveness of the current system. We will also seek the views of the Judicial Appointments Board for Scotland and the judicial complaints reviewer.

Do members agree to that course of action? Members indicated agreement.