Judicial Appointments Board for Scotland

The Judicial Appointments Board for Scotland is an advisory non-departmental public body of the Scottish Government responsible for making recommendations on appointments to certain offices of the judiciary of Scotland. It was established in June 2002 on a non-statutory, ad hoc, basis by the Scottish Government, and was given statutory authority by the Judiciary and Courts (Scotland) Act 2008.

Judicial Appointments Board for Scotland
Agency overview
Formed2002
Typeadvisory non-departmental public body
JurisdictionScotland
HeadquartersThistle House, 91 Haymarket Terrace, Edinburgh, EH12 5HE
Agency executives
  • Michael Ewart, Chair
  • Michael Garden, Chief Executive
Parent agencyScottish Government
Websitewww.judicialappointments.scot
Map
Scotland in the UK and Europe
Part of a series on
Scots law

All recommendations are made to the First Minister, who must consult the Lord President of the Court of Session before making a recommendation to the monarch in relation to full-time, permanent, judiciary, or before any appointments are made by Scottish Ministers to temporary or part-time judicial office.

The board does not make recommendations for, or have any in role in the appointment of, justices of the peace, whose appointments are made by Scottish Ministers on the recommendation of Justice of the Peace Advisory Committees for each sheriffdom.

History

The Judicial Appointments Board was established in June 2002 on a non-statutory, ad hoc, basis by the Scottish Government,[1] and was given statutory authority by the Judiciary and Courts (Scotland) Act 2008.[2] The board was established on a statutory basis following criticism of its perceived lack of independence from political interference by the executive, and following the Scottish Government's consultation Strengthening Judicial Independence in a Modern Scotland.[3]

In 2002 the board initially had equal numbers of lay and legally qualified members: 5 lay members, 3 judicial members, and 2 members from the legal profession (advocate and solicitors). The method of creating the board and appointing members was not without criticism. The Law Society of Scotland in its members' magazine Journal was critical that the appointments process did not follow procedures recommended by the Committee on Standards in Public Life, and the chair of the board is a lay member, a situation said to be "unique in Europe", where the norm is for self-governing bodies to control judicial appointments.[4]

In 2006 Sir Neil McIntosh, chair of the board, was critical that the Scottish Executive did not put the board on a statutory footing, as is the case for the Judicial Appointments Commission in England.[5]

The board continues to be chaired by a lay member, who is appointed to the position by the Scottish Ministers. The chairing member is appointed for a maximum of 4 years, and may be reappointed.[6]

Process

All recommendations are made to the First Minister, who must consult the Lord President of the Court of Session before making his or her recommendation to the monarch in relation to full-time judiciary. Appointments to the offices of temporary sheriff principal, part-time sheriffs and part-time summary sheriffs are made by the Scottish Ministers.[7]

Board members

The board has 12 members, with 4 judicial members appointed by the Lord President, and 2 legal members and 6 lay members appointed by the Scottish Ministers. Judicial members include 2 appointed from the Court of Session (but may not be either the Lord President or Lord Justice Clerk), a sheriff principal, and a sheriff. The legal members include an advocate and a solicitor.[6][8]

As of February 2019, current board members were:[8]

  • Chairing member: Mrs Nicola Gordon
  • Lay member: Alison Mitchell
  • Lay member: Deirdre Fulton
  • Lay member: Professor Stephen Tierney
  • Lay member: Ms Neelam Bakshi
  • Judicial member: The Hon Lady Wise, Senator
  • Judicial member: Sheriff Principal Marysia Lewis
  • Judicial member: Sheriff Michael O'Grady QC
  • Judicial member: Lord Minginish, Chairman of the Scottish Land Court
  • Legal member: Ms Morag Ross, Advocate
  • Legal member: Ms Eilidh Wiseman, Solicitor

Chairing members

Chairing members are always lay members of the board, and are appointed for a period of 4 years (up to a maximum of 8 years). The chairing member receives a daily fee of £350, and is eligible to claim expenses incurred whilst on board business.[8]

Chairing member Year assumed office Year left office Appointed by
1 Sir Neil McIntosh CBE DL 2002 2008 Jack McConnell
2 Sir Muir Russell KCB FRSE 2008 2010 Alex Salmond
3 Dr Michael Ewart 2010 2016 Alex Salmond (2010)
Nicola Sturgeon (2016)
3 Mrs Nicola Gordon 2016 Incumbent Nicola Sturgeon (2016)

Judicial members

Judicial members are appointed for 4 years (up to a maximum of 8 years) and receive no fees for work undertaken, though they may claim for incurred on board business.[8]

Judicial member Judicial office Year assumed office Year left office Appointed by
Lord MacLean Senator of the College of Justice 2002 2005 Lord President Cullen
Bruce Kerr QC Sheriff principal 2002 2007 Lord President Cullen
J Douglas Allan OBE Sheriff 2002 2008 Lord President Cullen
Lord Wheatley Senator of the College of Justice 2005 2007 Lord President Cullen
Sir Stephen Young QC Bt Sheriff principal 2007 2010 Lord President Hamilton

Legal members are appointed for 4 years (up to a maximum of 8 years) and receive a fee of £290 per day of board work, and they may claim for incurred on board business.[8]

Legal member Legal office Year assumed office Year left office Appointed by
Mr Colin Campbell QC Advocate 2002 2005 Lord President Cullen
Mr Michael Scanlan Solicitor 2002 2008 Lord President Cullen
Mrs Valerie Stacey QC Advocate 2005 2007 Lord President Cullen
Mr Roy Martin QC Advocate 2007 2010 Lord President Hamilton

Lay members

Lay members are appointed for 4 years (up to a maximum of 8 years) and receive a fee of £290 per day of board work, and they may claim for incurred on board business.[8]

Lay member Year assumed office Year left office Appointed by
Mrs Barbara Duffner OBE FRSE 2002 2008 Jack McConnell
Professor Joan Stringer CBE 2002 2007 Jack McConnell
Professor Alan Paterson 2002 2008 Jack McConnell
Sir Robert Smith 2002 2007 Jack McConnell
Reverend John Miller 2009 2010 Nicola Sturgeon

Remit

The board has a remit for making recommendations on appointments to judicial offices as specified by Section 10 of the Judiciary and Courts (Scotland) Act 2008.[2]

Judicial offices

Business Management Unit

The board is supported by its Business Management Unit, which is independent of the Scottish Government, and is based in Edinburgh at Thistle House. The team is headed by Chief Executive, Mr John Craig.

Lay assistants

The members of the board are supported in sifting and interviewing candidates for judicial officer, and have all the powers of a lay member of the board except they cannot take part in the decision making of the board.[6] The board has appointed 3 lay assistants for a period of 3 years from 1 January 2016 to 31 December 2018, and they may be appointed for a further 3 years.[9]

Lay assistants[9]
NameDate appointedDate appointment ends
Mr David Robinson1 January 201631 December 2018
Mr John Cummings1 January 201631 December 2018
Mrs Elizabeth Burnley1 January 201631 December 2018

References
  1. "History | Judicial Appointments Board for Scotland". Judicial Appointments Board for Scotland. 2016. Retrieved 5 April 2017.
  2. "Chapter 3 | Judiciary and Courts (Scotland) Act 2008". www.legislation.gov.uk. The National Archives. 29 October 2008. Retrieved 5 April 2017.
  3. ceu@scotland.gsi.gov.uk, Scottish Government, St. Andrew's House, Regent Road, Edinburgh EH1 3DG Tel:0131 556 8400 (8 February 2006). "Judicial Appointments | Strengthening Judicial Independence in a Modern Scotland". www.gov.scot. The Scottish Government. Retrieved 5 April 2017.
  4. Criticism of the Judicial Appointments Board on the ground that it lacks any real authority: "The Judicial Appointments Board – a misnomer". Law Society of Scotland. 1 August 2002. Retrieved 31 July 2009.
  5. "News Release | Judicial Appointments Board". Scottish Government. 30 November 2006. Retrieved 5 April 2017. In February, the Scottish Executive issued a consultation paper on whether the Board should be placed on a statutory basis. I regret that attaining statutory status is not yet law.
  6. "Schedule 1 | Judiciary and Courts (Scotland) Act 2008". www.legislation.gov.uk. The National Archives. 29 October 2008. Retrieved 5 April 2017.
  7. "Office of Sheriff" (PDF). Judicial Appointments Board for Scotland. Archived from the original (PDF) on 27 September 2007. Retrieved 2007-11-19.
  8. "Board Members | Judicial Appointments Board for Scotland". www.judicialappointments.scot. Judicial Appointments Board for Scotland. 2016. Retrieved 5 April 2017.
  9. "Lay Assistants | Judicial Appointments Board for Scotland". www.judicialappointments.scot. Judicial Appointments Board for Scotland. 2016. Retrieved 5 April 2017.
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