Written Question · S3W-15526 · Session 3
When a fully transparent complaints procedure concerning the Scottish Judiciary will be in place and what the details of that procedure wil…
The question
To ask the Scottish Executive when a fully transparent complaints procedure concerning the Scottish Judiciary will be in place and what the details of that procedure will be.
The answer
The Judiciary and Courts (Scotland) Bill, currently being considered by the Parliament, recognises the Lord President as head of the judiciary in Scotland with responsibility for the training, welfare, deployment and conduct of the judiciary.
The bill sets out a framework of powers to deal with inappropriate judicial conduct leaving it to the Lord President to determine the details in rules which will be published. The bill also provides for both the complainer and the member of the judiciary being complained about to have the right to have an independent person review the administration of the case to ensure that the set procedures have been followed. That independent person, who will be appointed by the Scottish ministers, will be called the Judicial Complaints Reviewer.
The bill completed stage 2 in June 2008, stage 3 is scheduled for September 2008. Once enacted, it will be for the Lord President to establish a transparent and easily accessible judicial complaints procedure to deal with any matter concerning the conduct of a member of the judiciary.
The bill sets out a framework of powers to deal with inappropriate judicial conduct leaving it to the Lord President to determine the details in rules which will be published. The bill also provides for both the complainer and the member of the judiciary being complained about to have the right to have an independent person review the administration of the case to ensure that the set procedures have been followed. That independent person, who will be appointed by the Scottish ministers, will be called the Judicial Complaints Reviewer.
The bill completed stage 2 in June 2008, stage 3 is scheduled for September 2008. Once enacted, it will be for the Lord President to establish a transparent and easily accessible judicial complaints procedure to deal with any matter concerning the conduct of a member of the judiciary.
In the Official Report
No contribution in the Official Report cites S3W-15526 by reference.