Judiciary proposals "worthless" - McCluskey
19 Mar 08
Former judge brands Judiciary and Courts (Scotland) Bill as "gesture politics"
Lord McCluskey, the former Court of Session judge and Solicitor General, has condemned the proposed statutory guarantee of judicial independence as worthless.
Giving evidence on the Judiciary and Courts (Scotland) Bill to Holyrood's Justice Committee, Lord McCluskey said the provision would not work, were a party to come to power that did not respect democracy, as the parliament could repeal the clause as easily as it could pass it.
He added that judicial independence was something that "lies in the hearts of men", and not a concept that could be embedded in constitutions or statutes of this kind. He also called the proposals "gesture politics" and an attempt to slavishly copy English legislation.
Speaking about the legislation's proposals for sacking judges who are unfit for office, Lord McCluskey said that individuals who had not carried out their duties properly had previously been dealt with by the Lord President behind the scenes and this system had always worked.
He also criticised plans to attract a wider cross section of society to the role of judge, saying that while more individuals should be encouraged to acquire the necessary skills, the role required a high level of expertise and those carrying it out needed to be fit for the job.