Selection panel seeks new Lord President

First Minister's panel sets out procedure for appointing Lord Cullen's successor

News, 8 August 2005

For the first time a selection panel is to meet to consider the appointment of Scotland's senior judge, following the announcement last month that Lord Cullen, the Lord President and Lord Justice General, intends to retire in November.

Appointment of the Lord President remains a matter for the Prime Minister's nomination to the Queen. However he can only nominate a candidate recommended by the First Minister, Jack McConnell, who has invited a four-person selection panel to make recommendations to him. The panel has now announced the procedure it intends to follow.

The panel comprises Lord Hope of Craighead, one of the two full time Scottish judges in the House of`Lords; Sir David Edward QC, a former judge of the European Court of Justice and currently a temporary Court of Session judge; Mrs Barbara Duffner, a lay member of the Judicial Appointments Board for Scotland and former head of personnel at the Royal Mail; and its chair, Sir Neil McIntosh, who also chairs the Appointments Board.

While recognising that the pool of eligible candidates is likely to be limited, the panel has publicised its procedure in order to encourage the widest field of interest. By statute, those eligible are advocates of at least five years' standing, solicitor advocates who have continuously had a right of audience in both the Court of Session and High Court for at least five years, and permanent sheriffs principal and sheriffs who have exercised their functions for at least five years.

Anyone interested in being considered should send a "Personal and Confidential" letter to Sir Neil at the Judicial Appointments Board by 2 September, providing a full CV covering both their career and extra-curricular interests. They have also to submit a short paper with their views on the principal challenges facing the Scottish legal system over the next 10 years; how these are to be met; and what would be the role of the Lord President in dealing with these matters. The panel will agree a shortlist at the end of the month and invite candidates for individual meetings on 21 October before preparing a written report on each to the First Minister.

Mr McConnell must consult the current Lord President and Lord Justice Clerk before making his recommendation to the Prime Minister.