Hansard

The Convener: Lab

Item 5 on the agenda is on judicial appointments. Members have a note from the clerk on the matter and will recall that, in our forward planning, we wanted t...

Mr Wallace: LD

I am pleased to have the opportunity to talk about the matter and I welcome the committee's interest in exploring it. I believe that the formation of the ind...

The Convener: Lab

Have you noticed any changes in the appointment system since the new board came into being? For instance, can you tell at this stage whether we are going to ...

Mr Wallace: LD

No. As I said, it is early. So far, the board has made only three recommendations that have been carried through—two judges and one sheriff principal. When o...

The Convener: Lab

What is the difference in the new system that will effect that change? What precisely will bring about that change?

Mr Wallace: LD

Part of it is the old but important adage that not only should justice be done, it should be seen to be done. There was a perception under the old system tha...

The Convener: Lab

That is what I am trying to get at. What would a future applicant think was fair about the system? Is the board expected to have objective criteria and does ...

Mr Wallace: LD

Absolutely.

The Convener: Lab

I am trying to get to the nub of the issue. Why would you have any more confidence that the present panel of people will bring about change? In what way is t...

Mr Wallace: LD

There was no panel of people before, and no system—there were conversations and soundings.

The Convener: Lab

I understand that, but I am trying to get you to say what it is about the panel that will bring about change. It has been suggested to me that nothing has ch...

Mr Wallace: LD

I am not sure on what basis anyone could have made that allegation. The system is fundamentally different.

The Convener: Lab

You used the word "perception", and I am using the same word.

Mr Wallace: LD

I am not sure how, on the basis of three appointments, anyone could say that nothing has changed. We may have to wait and see the shrieval appointments. Ther...

The Convener: Lab

I will conclude on this point. You made the fair point that there have been only three appointments, but I am sure that other members will ask you questions ...

Mr Wallace: LD

There are two key points. First, the board has been asked to consider how it could encourage a wider pool of applicants from which to select. Although these ...

Bill Aitken: Con

Obviously, we agree that it is too early to make a definitive judgment on the success or otherwise of the new system. While some of us might have thought tha...

Mr Wallace: LD

It would be wholly inappropriate for them to sit on the board under those circumstances. I can give an assurance that they would not be eligible to sit on th...

Bill Aitken: Con

Basically, we are all shooting at the same goal—we want to get the best people to do the job.

Mr Wallace: LD

Absolutely. That must be the most important thing.

Bill Aitken: Con

And that is irrespective of gender, race or whatever. I presume that you are satisfied that the new board will achieve that.

Mr Wallace: LD

I am indeed. Ability is the most important criterion, which is why I said that the legal members of the board would assess the level of legal qualification a...

Mr Duncan Hamilton (Highlands and Islands) (SNP): SNP

The establishment of the Judicial Appointments Board for Scotland represents a huge, and very welcome, change to the system. I would be interested to hear ab...

Mr Wallace: LD

The circumstances would be very exceptional. The Scotland Act 1998 is constructed in such a way that we have no choice in the matter. The First Minister is r...

Mr Hamilton: SNP

Looking at things the other way round, I presume that you would think it unacceptable for any Executive to prescribe a policy base for appointment. It would ...

Mr Wallace: LD

I think that that would be inappropriate, although I would draw a distinction between that and encouraging the board to find ways to attract a wider range of...

Mr Hamilton: SNP

That is interesting. That means that the board is not simply considering the individual merits of the candidates; it also has the capacity to look at the bro...

Mr Wallace: LD

No—that is not what I said. If the Lord President said that what he and the bench needed to fill a vacancy and to strengthen the bench was someone with exper...

Mr Hamilton: SNP

I turn to the petition on freemasonry that the committee has been dealing with. You said that there is a limit to what you can say on something that is still...

Mr Wallace: LD

I am aware of the substantial material that was sent by Mr Minogue, the petitioner, which arrived with officials in the justice department yesterday. I have ...