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Showing 60 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.

Margaret Mitchell Con Committee

Tribunals (Scotland) Bill: Stage 2

Amendments 92 to 97 all cover the appointment of judicial members. These are merely probing amendments so that we can hear the minister’s views on the following points.During stage 1, a number of witnesses raised concern about what was referred to as the judicialisation of tri...

Margaret Mitchell Con Committee

Courts Reform (Scotland) Bill: Stage 2

Amendments 32 and 138 cover a very specific circumstance. Their effect would be to reduce the time limit for lodging, from three months to six weeks, in challenges under judicial review where the applicant is a company and the challenge is to a decision under part III of the T...

Margaret Mitchell: Con Chamber

Criminal Proceedings etc (Reform) (Scotland) Bill: Stage 3

As Kenny MacAskill said, judicial officers, sheriff officers and messengers-at-arms have a special place in Scots law. They are experienced, have an excellent track record and have proved themselves to be professional. Such officers are certainly equipped for the 21st century....

Margaret Mitchell (Central Scotland) (Con) Con Chamber

Scottish Government Handling of Harassment Complaints

On 8 January 2019, Lord Pentland announced that the Scottish Government had conceded the former First Minister Alex Salmond’s petition for judicial review on the grounds that the procedure was unlawful, the decision was taken in “procedurally unfair” circumstances and was “tai...

Margaret Mitchell (Central Scotland) (Con) Con Chamber

Legal Advice (Publication)

Three weeks have elapsed since the Scottish Parliament agreed to a motion calling on the Scottish Government to publish all the legal advice that it received regarding the judicial review taken by the former First Minister Alex Salmond. In response, the Deputy First Minister s...

Margaret Mitchell Con Chamber

Tribunals (Scotland) Bill: Stage 1

According to that committee, a tribunal is“A body which resolves disputes between citizens and state and between private parties by making binding decisions according to law, does so by a process of adjudication which is specialised, relatively informal and less adversarial as...

Margaret Mitchell: Con Chamber

I must press on.The independence that I mentioned is strengthened by the fact that the law lords—who are otherwise referred to as lords of appeal in ordinary—work full-time on the judicial business of the house and receive a salary. That salary is not paid by the House of Lord...

Margaret Mitchell (Central Scotland) (Con) Con Chamber

Tribunals (Scotland) Bill

I welcome the opportunity to speak in the stage 3 debate on the Tribunals (Scotland) Bill. Although they are not the most riveting topic, tribunals are nonetheless an important part of our civil justice system. For example, some tribunals are a forum for citizens to challenge...

Margaret Mitchell (Central Scotland) (Con) Con Chamber

Courts Reform (Scotland) Bill: Stage 1

The bill represents years of endeavour by the Scottish civil courts review, which Lord President Gill led, and will implement overdue reforms to Scotland’s civil courts. Crucially, it is intended to improve access to justice and the court system’s efficiency and effectiveness....

Margaret Mitchell Con Chamber

Courts Reform (Scotland) Bill: Stage 3

Amendment 66 would remove the “real prospect of success” test, which was criticised by the Law Society of Scotland and other respondents at earlier stages of the legislative process. It replaces that test with a “stateable case” and is supported by the Law Society of Scotland....

Margaret Mitchell Con Committee

Judicial Review

That sounded a bit complicated. Perhaps you can write to the committee once you have had a chance to think about the question and explain precisely the heads that justify the expenses being paid on that basis. The total cost associated with the judicial review was £630,000 of...

Margaret Mitchell: Con Committee

Budget Process 2005-06

The budget provides £1 million in 2006-07 and £2 million in 2007-08 for judicial pay and an increase in the judicial complement. What does that relate to?

Margaret Mitchell: Con Committee

Scottish Commissioner for Human Rights Bill: Stage 1

My next question is on clause 31(4)(b) of the Equality Bill, which concerns judicial review. Before I consider the lack of such provision in the Scottish Commissioner for Human Rights Bill, I ask for a bit of background on the historical thinking against giving organisations t...

Margaret Mitchell: Con Committee

Scottish Commissioner for Human Rights Bill: Stage 1

Is there any difference in how judicial review is interpreted? In Scotland, judicial review relates only to the way in which public authorities have made decisions, but clause 31(3)(a) of the Equality Bill mentions an "unlawful act". Are we talking about the same thing?

Margaret Mitchell: Con Chamber

Criminal Proceedings etc (Reform) (Scotland) Bill: Stage 1

That is very welcome. It will make bail regulations more easily understood.Currently, there is some ambiguity about the court's ability to refuse bail applications that are not opposed by the Crown. I welcome the clarification that is contained in proposed new section 23B of t...

Margaret Mitchell Con Committee

Tribunals (Scotland) Bill: Stage 1

On that point about the judicial nature of tribunal work, you are probably aware that the Law Society of Scotland and employment tribunals Scotland have expressed a fear about the judicialisation of Scottish tribunals, referring, I think, to the rule that judicial members may ...

Margaret Mitchell (Central Scotland) (Con) Con Chamber

Courts Reform (Scotland) Bill

I welcome the stage 3 debate on the Courts Reform (Scotland) Bill and I thank the Justice Committee clerks for their hard work and the convener, fellow committee members and respondents for their contributions. It is imperative that the Scottish Parliament seeks to improve ...

Margaret Mitchell Con Committee

Courts Reform (Scotland) Bill: Stage 2

Amendments 26 to 28 provide for all appeals in the sheriff appeal court to be heard by sheriffs principal instead of sheriffs. The Gill review recommended that appeals should generally be heard by three judges, chaired by the sheriff principal of the sheriffdom. It recommende...

Margaret Mitchell Con Committee

Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 2

Amendment 3 provides that, when an application is made to recover the psychiatric, psychological or medical records of the complainer in the types of sexual offence cases that are listed in section 288C of the Criminal Procedure (Scotland) Act 1995, the complainer must be noti...

The Convener Con Committee

Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill: Stage 1

Two of your recommendations that are not in the bill are the additional fee—the extra amount of judicial expenses that a judge can award where the case has been particularly complex or time-consuming—and the suggestion that additional fees should continue to be decided at the ...

The Convener Con Committee

Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill: Stage 2

Group 3 is entitled “Personal injury claims: use of damages for future loss in calculation of success fee”. Amendment 57, in my name, is grouped with amendments 58, 59 and 31. Amendment 57 would ensure that damages for future loss are effectively ring fenced and cannot be inc...

Margaret Mitchell Con Chamber

Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill: Stage 3

Amendment 2A would amend amendment 2, in the name of Daniel Johnson, the effect of which would be to remove the ring fencing of future loss that was agreed to by the Justice Committee at stage 2. I have therefore lodged amendment 2A in an attempt to mitigate the potential adve...

The Convener Con Committee

Agenda item 2 is an evidence session on petition PE1458, in the name of Peter Cherbi, calling on the Parliament to establish a register of judicial interests. I refer members to paper 1, which is a note by the clerk, and paper 2, which is a private paper. I welcome our witnes...

Margaret Mitchell Con Committee

Judicial Review

My first questions are to the Lord Advocate. In your written submission, you state: “I can also confirm on behalf of the Government that there was no decision to withhold documents relevant to the judicial review.” Nonetheless, relevant documents were provided by the Scottis...

Margaret Mitchell Con Committee

Judicial Review

My next question is for Leslie Evans. Who had overall responsibility for the management of the judicial review, and how was that responsibility managed?

Margaret Mitchell Con Committee

Judicial Review

The point is well made. Finally, who took the key strategic decisions on the Scottish Government’s response to the judicial review? Was it you, permanent secretary, or the First Minister?

Margaret Mitchell Con Committee

Judicial Review

Picking up on Jackie Baillie’s point, we know that the Government can waive legal privilege. If a failed contest to a judicial review costing in excess of half a million pounds and dear knows how much more and a trial against a former First Minister involving the most powerful...

Margaret Mitchell Con Committee

Judicial Review

Some people might find that strange. However, at what point in the judicial process, given all your prior involvement with the complainers and the substance of their complaints, were you are aware of the fact that there could be a perception of bias? Did you acknowledge that?

Margaret Mitchell Con Committee

Judicial Review

I will put it another way. Do you now accept that there could have been a perception of bias, given all that involvement with the complainers and the substance and narrative of their complaint? Inaudible.—judicial review and prior to you being appointed as investigating officer.

Margaret Mitchell Con Committee

Judicial Review

Okay. Moving on a little bit, in terms of the ministerial oversight of the judicial review process, which Government ministers were regularly advised on the outcomes of the legal discussions?

Margaret Mitchell Con Committee

Judicial Review

What about arbitration? Again, you were not part of the decision making, but was it your view that arbitration might in any way be advantageous to the complainers, given the level of publicity that would inevitably result—and did result during the judicial review process and w...

Margaret Mitchell Con Committee

Judicial Review

Why did you think that it was not suitable and that it should be rejected in the judicial review? It was about competency and legality of the procedure.

Margaret Mitchell Con Committee

Judicial Review

Thank you. You were line manager to Nicola Richards, director of people, and you had oversight of her team, including Judith Mackinnon, head of people advice. Did either or both of them make you aware of any concerns about the judicial review during the period 16 October to 8 ...

Margaret Mitchell Con Committee

Judicial Review

You said that you had no involvement with the judicial review until mid-December 2018, when the permanent secretary asked you to compile a report for her, to help to inform the next steps. How did you undertake that? For example, where and from whom did you source the relevant...

Margaret Mitchell Con Committee

Judicial Review

I will follow on from Maureen Watt’s line of questioning. Did you give any legal advice regarding the judicial review?

Margaret Mitchell Con Committee

Judicial Review

Did you give any legal advice regarding the judicial review?

Margaret Mitchell Con Committee

Judicial Review

I am asking whether you gave any legal advice regarding the judicial review.

Margaret Mitchell Con Committee

Judicial Review

Given that it was the position of the Scottish Government that the application to proceed with the judicial review was time barred, why did it not oppose it?

Margaret Mitchell Con Committee

Judicial Review

Turning to the judicial review and the open record, page 31 states: “The first respondent rejected the offer of mediation in her letter of 24 April 2018 before the complainers were asked whether they were willing to mediate”. Why?

Margaret Mitchell Con Committee

Judicial Review

Let me put it to you another way. You were at the forefront of looking after the complainants’ interests through the procedure and through all this debacle. Did you give any consideration to the fact that confidentiality requirements would have enabled the complaints to go for...

Margaret Mitchell: Con Committee

Criminal Procedure (Amendment) (Scotland) Bill: Stage 1

So judicial management must make it clear that unless there are exceptional circumstances—from what you have said it seems as though the usual excuses will be made—strong sanctions will imposed if all the parties do not comply and are not ready for the mandatory hearing. That ...

Margaret Mitchell: Con Committee

Criminal Procedure (Amendment) (Scotland) Bill: Stage 1

Judicial management at the preliminary hearing is crucial.

Margaret Mitchell: Con Committee

Obviously the organisation is going to help the innocent victims of the judicial system and, as such, it is to be welcomed.

Margaret Mitchell: Con Committee

Scottish Commissioner for Human Rights Bill: Stage 1

It is interesting that the definition is wider here, given that it is harder for organisations to get title to pursue judicial review. Does Valerie Stacey have any comment on the issue?

Margaret Mitchell: Con Committee

Scottish Commissioner for Human Rights Bill: Stage 1

If we create a commissioner and give them the power to raise judicial review proceedings, would that open up a Pandora's box? Would other organisations take it as a precedent to seek title and interest? Would it strengthen their case?

Margaret Mitchell (Central Scotland) (Con): Con Committee

Scottish Criminal Record Office

There is no doubt that the reputations of the SCRO, fingerprint evidence and the justice system are at stake. I want to know what the remit of an inquiry by the Scottish Parliament would be. Would it consider merely the changes that have happened in the SCRO since the McKie ca...

Margaret Mitchell: Con Committee

Scottish Criminal Record Office

I seek an assurance that, should the committee deem any information necessary for its inquiry, there would be absolutely no barrier to its receiving it. The matter should be put in context. Although we welcome the opportunity to look into the SCRO, that is not a substitute for...

Margaret Mitchell: Con Committee

Scottish Criminal Record Office

I share some of Bruce McFee's concerns. I heard on "Good Morning Scotland" this morning that Opposition parties, with the Liberal Democrats' help, would set up an inquiry into the SCRO. The Liberal Democrat former Minister for Justice has said that a mistake was made, but the ...

Margaret Mitchell (Central Scotland) (Con): Con Committee

Scottish Criminal Record Office

I concur with Bruce McFee's view that none of the proposed options would be a substitute for a full judicial inquiry, which I still believe should be held at some point. However, there is value in having a parliamentary inquiry to look into the efficient running of the SCRO an...

Margaret Mitchell: Con Committee

Scottish Criminal Record Office Inquiry

The timetable should be flexible because the inquiry is important and it should not be rushed. For me, it is currently about the highest priority for the Justice 1 Committee. Two dates have been identified on existing committee dates on 26 and 27 June. I am happy to consider t...

Margaret Mitchell: Con Committee

Criminal Proceedings etc (Reform) (Scotland) Bill: Stage 1

The intermediate diet was the key in the Bonomy reforms to speeding up the process. It is the key in the bill, too, yet the reference in section 10 is really all that sets down what you rightly say you want to achieve and what you realise will speed up the summary process. In ...

Margaret Mitchell: Con Committee

Criminal Proceedings etc (Reform) (Scotland) Bill: Stage 1

To avoid doubt, would not it be better to consider the Glasgow Bar Association's suggestion that the Judicial Appointments Board make the appointment?

Margaret Mitchell: Con Committee

Criminal Proceedings etc (Reform) (Scotland) Bill: Stage 1

So you do not have confidence that the Judicial Appointments Board would be able to carry out that function.

Margaret Mitchell: Con Committee

Criminal Proceedings etc (Reform) (Scotland) Bill: Stage 2

Amendment 115 seeks to oblige the prosecution to disclose to the accused or their representatives all material evidence at the earliest stage. It seeks to strengthen the principle of early disclosure and ensure that the facts are known as soon as possible so that an early plea...

Margaret Mitchell: Con Committee

Criminal Proceedings etc (Reform) (Scotland) Bill: Stage 2

If the Crown did not meet the timescale, I imagine that that would be explained at the intermediate diet. That would be the element of judicial management, with the court taking due cognisance of the reasons for the delay. If the explanation was reasonable and the court was sa...

Margaret Mitchell: Con Committee

Criminal Proceedings etc (Reform) (Scotland) Bill: Stage 2

I appreciate that a crucial part of the bill—and a subject that the minister has sought to address with other amendments—is the fact that there should be an element of judicial management, and that there should be a discussion that involves more than lip service or tokenism be...

Margaret Mitchell (Central Scotland) (Con): Con Chamber

I welcome discussion of such an important issue but deeply regret how the issue has been introduced for discussion—Margaret Smith also said that and Bill Butler reinforced it. We are having this debate not as a result of any failures in the existing practice that the law lords...

Margaret Mitchell (Central Scotland) (Con): Con Chamber

Scottish Fingerprint Service

It is also important that we do not lose sight of the fact that this whole sorry saga started with the murder of an innocent woman, Marion Ross, whose killer has still not been brought to justice seven years after her tragic death. For her family, there has been no justice fro...

Margaret Mitchell (Central Scotland) (Con): Con Chamber

European Commission Green Papers (Divorce and Succession and Wills)

I welcome today's debate. I do so not because I believe that there is anything contentious in the motion or that there is likely to be disagreement on the Justice 1 Committee's findings, but simply because, having visited Brussels with the Justice 1 Committee and having talked...

Margaret Mitchell (Central Scotland) (Con): Con Chamber

Senior Judiciary (Vacancies and Incapacity) (Scotland) Bill: <br />Stage 1

The offices of the Lord President and the Lord Justice Clerk are the two most senior in Scotland. The Lord President is the head of the Court of Session—Scotland's superior civil court—and the Lord Justice Clerk is the next most senior judge. Those two judges plus 32 senior co...

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Committee

Justice Committee 04 February 2014

04 Feb 2014 · S4 · Justice Committee

Item of business

Tribunals (Scotland) Bill: Stage 2

Mitchell, Margaret Con Central Scotland Watch on SPTV

Amendments 92 to 97 all cover the appointment of judicial members. These are merely probing amendments so that we can hear the minister’s views on the following points.During stage 1, a number of witnesses raised concern about what was referred to as the judicialisation of tribunals. Tribunals are, by nature, generally less formal and less adversarial than courts and are, in the main, forums in which justice can be determined without the need for lawyers and judges.Section 16 allows all sheriffs and part-time sheriffs, judges and temporary judges to be appointed as judicial members of tribunals. Although the appointment of judicial members is appropriate to allow tribunals to have access to important expertise, a number of witnesses expressed concern that the provision is drafted too widely.10:00 Section 16 in particular states that all members of the judiciary are automatically eligible to act as judicial members purely by virtue of holding judicial office. Given the committee’s view that the particular nature and characteristics of tribunals must be protected, I ask the minister to comment on the committee’s recommendation in its stage 1 report that the Government consider whether section 16 should be amended to remove the automatic entitlement of members of the judiciary to be appointed as judicial members.The amendments in my name seek to address that concern by making it clear that, although sheriffs and judges are eligible to become judicial members, they must be actively appointed by the president of the tribunals after consultation with the Lord President. Amendments 92 and 93 seek to remove the word “authorised” in section 16.More significantly, amendment 94 seeks to provide for appointment by the president of the tribunals only when he or she is satisfied that a sheriff or judge is “suitably qualified” and he or she would also be required to identify a placement or position and the need for a judicial member on a particular tribunal. The term “suitably qualified” is taken from section 2 of the Lands Tribunal Act 1949 as amended. I would be grateful if the minister could clarify the instances in which judicial members would be appointed and respond to the suggestion that the automatic entitlement for appointments in section 16 be removed. In addition, I ask the minister to indicate whether the Government has considered any other safeguards to avoid the judicialisation of tribunals.Do I move my amendment now, convener?

In the same item of business

The Convener SNP

The next item is stage 2 proceedings on the Tribunals (Scotland) Bill. I think that we can probably get all the way through it today—I am advised that it doe...

The Convener SNP

Amendment 1, in the name of Elaine Murray, is grouped with amendments 29 and 30.

Elaine Murray (Dumfriesshire) (Lab) Lab

In several recommendations in its stage 1 report, this committee reiterated its view that the particular nature and characteristics of tribunals should be pr...

The Convener SNP

I am sure that the minister will clarify that point, as I now call her to speak to amendment 29 and the other amendments in the group.

Roseanna Cunningham SNP

In its stage 1 report, the committee called for the characteristics of tribunals to be protected in the bill and sought an amendment setting out general prin...

The Convener SNP

Before Elaine Murray responds, does any other member wish to come in?

Margaret Mitchell (Central Scotland) (Con) Con

Notwithstanding what the minister has just said, I believe that the definition of “tribunal” would be a welcome addition to the bill and would help to clarif...

Roseanna Cunningham SNP

I remind members that, when we put definitions in the bill, we are by definition unintentionally—or intentionally—excluding the possibility that we might in ...

Elaine Murray Lab

I am interested in what the minister says, but I am still not certain about what sort of tribunal would fall outwith the definition. I cannot imagine any tri...

The Convener SNP

I am blocked up and cannot hear anything, so members will need to shout. The question is, that amendment 1 be agreed to. Are we agreed?Members: No.

The Convener SNP

There will be a division.ForFinnie, John (Highlands and Islands) (Ind)Mitchell, Margaret (Central Scotland) (Con)Murray, Elaine (Dumfriesshire) (Lab)Pearson,...

The Convener SNP

The result of the division is: For 4, Against 5, Abstentions 0.Amendment 1 disagreed to.

The Convener SNP

I warn members that my deputy convener and I are struggling through shared head colds—it is a coalition of the cold—so they will have to shout.Section 1—Esta...

The Convener SNP

Amendment 6, in the name of the minister, is grouped with amendments 7, 31 and 32.

Roseanna Cunningham SNP

The amendments in this group make provisions in relation to functions being conferred directly on the Scottish tribunals by another act.When a new tribunal j...

The Convener SNP

Amendment 8, in the name of Elaine Murray, is grouped with amendments 11 and 68.

Elaine Murray Lab

Amendment 8 seeks to place a duty on the Lord President in carrying out his or her functions to adhere to the principles for Scottish tribunals: the need for...

Roseanna Cunningham SNP

Amendment 8, in the name of Elaine Murray, would place a duty on the Lord President to adhere to certain principles. I have reflected on what the committee a...

Roderick Campbell (North East Fife) (SNP) SNP

I have just a small point to make. The Tribunals, Courts and Enforcement Act 2007, which is a UK act, states:“The Lord Chancellor is under a duty to ensure t...

The Convener SNP

I agree about the language of “innovative methods”, but I would have liked some comment about mediation prior to tribunals. I agree with the minister’s posit...

Roseanna Cunningham SNP

There is a bigger issue, across more than one piece of legislation, about the need for mediation and I am not sure that introducing it as a paragraph in an a...

Elaine Murray Lab

I will not press amendment 8. Apart from anything else, there would be duplication and a certain amount of conflict if the two amendments were agreed to. I w...

The Convener SNP

Amendment 9, in the name of the minister, is grouped with amendments 10, 49, 50 to 53, 73 to 76 and 83.

Roseanna Cunningham SNP

These amendments provide more clarity and flexibility around decision making in the Scottish tribunals.Amendment 52 sets out the arrangements for voting on d...

The Convener SNP

Amendment 12, in the name of the minister, is grouped with amendments 13 to 15.

Roseanna Cunningham SNP

The amendments make changes to section 13, to make it absolutely clear that all tribunal members have judicial status and capacity by virtue of holding their...

The Convener SNP

Amendment 92, in the name of Margaret Mitchell, is grouped with amendments 16, 93, 17, 94, 95, 18, 96 and 97.

Margaret Mitchell Con

Amendments 92 to 97 all cover the appointment of judicial members. These are merely probing amendments so that we can hear the minister’s views on the follow...

The Convener SNP

You can probe away all you like, but you have to move amendment 92.

Margaret Mitchell Con

I move amendment 92.