Anyone understand what the Scottish Government are trying to do with the judiciary?

[Shouldgetupearlier]

Just seen quite a few clips on Twitter, suggesting the Scotgov are trying to be in charge of the Scottish legal system. Is this the equivalent of the Home Secretary’s position in the U.K. and is it something to be concerned about? My Twitter feed suggests it is but could be down to algorithms.

I'm not a lawyer, but as part of my professional work, I work closely with them, and from discussions with them, it is a point of real concern. The Dean of the Faculty of advocates has posted a couple of articles about it which I found very interesting. His twitter name is @RoddyQC

Just to repeat the above poster advice, Roddy Dunlop is the person to follow on Twitter

Honestly, I think everything the Scottish government does at this point is a concern. Megalomaniacs of average intelligence.

Thanks, I’ve seen a lot of Roddy Dunlop’s posts in the past. I see he’s put some links about what’s happening.

Well they have fucked up everything else they have touched.... so......
Just working through the list....

Essentially the Scottish Government wants to have the ability to appoint a body to regulate the legal profession in Scotland. Currently it is overseen by the Law Society of Scotland and the Faculty of Advocates, which claim to be independent but as you can probably guess fomr their names are comprised of senior lawyers and judges. They ultimately are supervised by the Lord President, the country's most senior judge.

They have introduced a new bill that would give the Scottish Govermnent the power to review the performance of these organisations and to create new regulatory organisations.

It strikes me as a good idea on paper. Having any profession regulated by itself is probably not the best way to go. There is of course a lot of very vocal opposition from people within the legal profession who would prefer it was left alone to police itself.

There is of course a lot of very vocal opposition from people within the legal profession who would prefer it was left alone to police itself.

I understand that, but on past and present performance who would ever think that the Scottish Government is fit to regulate the legal profession, or any profession?

From what I've read, and from Lady Dorian's comments at the enquiry, it's the complete lack of detail that has been provided by Scottish Government that is the main concern

Lack of detail is something the SNP/ Greens are brilliant at, it is all just smoke , mirrors and bullshit from them.

You will never get detail in primary legislation.

It would mean when someone takes the Scottish government to court the person judging the case would be regulated by the Scottish government. It shouldn’t take Einstein to spot the problem with that.

And not just the Judge would be under the control of the party you are taking to court, your lawyer and barrister fighting your case against the Scottish Government would also be controlled/regulated/disciplined by them.

Not quite. They would be regulated by an independent body. Yes you can argue that the SG appoints that body but the alternative is the current scenario where the judges and lawyers are regulated by a panel appointed by their own profession.

At some point you have to accept that one side or the other will appoint an organisation with some degree of independence and that it will act properly.

As I said, it will be regulated by the Scottish Government. As opposed to the judiciary being independent of the government. You are in no sense ‘independent’ of the SG when you are appointed by the SG.

Well no it won't. The government will appoint an independent body to oversee it. That is how regulation works in pretty much every industry/country. You can argue that is not indepedence but ultimately someone has to appoint the regulatory body and it would seem more sensible that it be the govenment than the people/organisations being regulated.

How can you state ”The government will appoint” and claim it is independent of government?

it would seem more sensible that it be the govenment than the people/organisations being regulated

What you are missing here is that the legal system regulates government. Do you honestly think an SNP minister appointing a senior judge as regulator would not decide against a judge who kept ruling against them on the likes of s35 cases or an independence referendum?

The government appoints all the other regulators. From health to electricity to insurance, all are regulated by bodies approved by the government (whether UK or regional).

You really don’t understand the difference??????

@treadingonlego sums up the situation perfectly. Scotland is in a complete mess thanks to this.