Emergency laws have been brought in to allow a deputy to take over the duties of the Lord President, Scotland's most senior judge.
The news laws were rushed through the Scottish Parliament in response to the continuing absence of Lord Hamilton, who has been off work since April with stress. The Lord Justice Clerk, Lord Gill, will now be able to advise the Executive and take certain appeal cases previously reserved to the Lord President, if Scotland's 10 most senior judges agree that the Lord President has been "incapacitated".
Justice Minister Cathy Jamieson said that senior judges had been consulted about the new laws and ministers had fully respected the judiciary's independence.
However, Stewart Stevenson, the SNP MSP for Banff and Buchan, said the changes gave the Lord Justice Clerk the power to sign any declaration that the Lord President was ill or had recovered. He queried whether that was proper when the Lord Justice Clerk might be the person in line to succeed to the office.
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