Justice group calls for shakeup of tribunal system
6 Oct 08
Scottish tribunals at disadvantage, says steering group
Scotland’s tribunals need to be more independent of government, according to a justice advisory group.
The Administrative Justice Steering Group (AJSG), a group of representatives of tribunal users, the legal profession and the Scottish Government, has expressed concern that the separation between the UK and Scottish system and the lack of a clear Scottish oversight body means that Scottish tribunals are at a disadvantage.
A report recently published by the Scottish Consumer Council also found that the unplanned growth of tribunals had led to confusion for users and inconsistent standards of training for people serving on them.
The AJSG, which is chaired by Court of Session judge Lord Philip, says that Scottish ministers should step back from involvement in appointing members of tribunals in case their involvement is seen to be against the principle that citizens should enjoy a fair and public hearing by an independent and impartial tribunal.
Lord Philip said: “We have become concerned that the principle that tribunals should be independent and impartial and their services delivered by an independent and skilled judiciary cannot be seen to have been met while the Scottish Government appoints people to tribunals and, often, pays directly for their administration.
“Tribunals often deal with appeals against the decisions of government and, as such, should not allow themselves to be open to the perception of being anything other than independent of government.”
The Scottish Government has welcomed the findings. Minister for Community Safety, Fergus Ewing MSP, said he wanted to take matters forward: “I welcome this report, which is a very useful contribution to the work considering the future administration of tribunals in Scotland announced by the First Minister at the start of this year.
“The report rightly concludes that the status quo is no longer an option and also firmly sets out the advantages to the Scottish public and taxpayer of bringing together those bodies that currently operate in isolation from each other.”