Parliament evidence role for top judges
12 Mar 08
Lords Hamilton and Osborne before Justice Committee on Judiciary and Courts Bill
Some of Scotland's top judges found themselves giving rather than hearing evidence as they appeared before a committee of MSPs yesterday.
The Lord President, Lord Hamilton, accompanied by Lord Osborne, Lord Reed and Lord Hodge, were questioned on their views on the Judiciary and Courts (Scotland) Bill by members of the Scottish Parliament's Justice Committee.
The bill would enact a statutory guarantee of judicial independence. It would also put the Lord President at the head of a more unified judicial structure, with increased responsibilities for training, supervision and discipline, supported by a civil service division.
The judges supported the independence provision, which they said would bring Scotland into line with legislative guarantees in other countries, and "sent out the right message". However Lord Hamilton warned against the bill being too prescriptive and argued against a provision for mandatory training. He said that in his experience the best way of ensuring attendance by judges at training events was through encouragement, and he hoped there would never be an occassion where a judge was removed from office for not attending.
Lord Osborne, Scotland's longest-serving judge, criticised the way judges and sheriffs are appointed, saying the Judicial Appointments Board for Scotland did not consult judges or other members of the legal profession, such as the Law Society for Scotland or the Faculty of Advocates, when considering candidates. This could result, he said, in inferior candidates being appointed simply by being good at interviews.
The judges also argued that it was better to leave the Lord President able to make temporary judicial appointments rather than put these in the hands of the Board. Lord Hamilton said he wanted the flexibility to be able to "tap people on the shoulder" to invite them onto the bench part time and bring their expertise to the bench.