New legislation to cover Lord President's absence

Emergency bill will allow Lord Justice Clerk to take over role

News, 2 June 2006

Legislation that will allow the role of Lord President to be filled temporarily by the Lord Justice Clerk is to be rushed through Holyrood this month.

First Minister Jack McConnell announced yesterday that the measure will deal with the problem created by the continuing absence of the current Lord President, Lord Hamilton, who has been off work with a stress-related illness since March.

The proposed legislation will allow the Lord Justice Clerk as second most senior judge - currently Lord Gill - to take over and carry out those functions which at present are by law reserved to the Lord President.

Mr McConnell said that the short bill would allow the Lord Justice Clerk to carry out any of the functions of the Lord President while he was incapacitated. He added that the independence of the judiciary would be maintained, as the process of installing the deputy would only happen if a majority of the 10 most senior judges declared in writing that the Lord President was incapacitated. The decision would then be approved by the First Minister.

The next most senior judge in the Inner House (currently Lord Osborne) would step in as Lord Justice Clerk.

Six new sheriffs are to be appointed to address the backlog in cases that has built up over the time that Lord Hamilton has been absent. This will release some senior sheriffs who will be able to serve as temporary supreme court judges.