Senior legal figure attacks Executive proposals
31 May 06
Lord McCluskey criticises plans he sees as undermining the judiciary
Judicial figures have attacked the Scottish Executive's plans to reform the judiciary, claiming it is attempting to undermine the independence of the system.
Under a consultation document "Strengthening Judicial Independence in a Modern Scotland", the Executive plans to introduce a statutory guarantee of independence. It also wants to bring the control of all Scotland's courts under the Lord President, and to introduce new complaints and disciplinary procedures for judges.
The current Lord President, Lord Hamilton, is currently suffering from stress and has been off work since March. His existing administrative duties are believed to have played a part in his absence.
Responses from the judiciary to the Executive's consultation have pointed out that their independence has been recognised as part of the constitution since the Glorious Revolution in 1689, and argue that it will be watered down if written into an Act of the Scottish Parliament which could be amended by simple majority in the chamber.
Further controversy has resulted from the selection process that led to Lord Hamlton's appointment. The First Minister appointed an ad hoc selection committee which interviewed candidates and put forward two names to the First Minister, from whom Lord Hamilton was appointed after further interview.
Concerns have arisen from the political element in this process. Lord McCluskey, the retired Court of Session judge, has described the appointment panel as a joke and accused Scottish ministers and the Lord Advocate of a dangerous level of political interference.
The Executive has insisted that its proposals will guarantee independence while strengthening effectiveness through a unified judiciary. Responses to the consultation are currently being considered.