Monday, July 10, 2006

Undemocratic Jack

"McConnell backs down over plans to reform courts"
Scottish Daily Mail 23 June 2006

Jack McConnell has capitulated over plans to overhaul Scotland's courts.

The Scottish Executive has shelved proposals to centralise more power under the country's most senior judge, the Lord President.

Serving and former judges said that the move would have curtailed the independence of Scotland's courts, as the Lord President is appointed by ministers.

The decision to shelve the plans emerged as the Executive detailed the legislation it will bring before the parliament between now and the election next May.

The Executive claimed it was due to the continued absence of the Lord President, Lord Hamilton, who has been treated at the Priory Clinic for stress.

Last night, retired judged Lord McCluskey said: 'I'm delighted that they have decided not to go through with it. I hope it is permanent.

This would have altered a system that has been operated successfully for decades, so the decision is proper and wise - on whatever the basis it may have been taken.'

Nationalist MSP Alasdair Morgan said: 'Governments shouldn't announce Bills they can't deliver and the First Minister committed to the Judicial Appointments Bill.

'It's really not good enough to blame the non-appearance of that Bill on a recent judicial illness. That just won't wash'."



It is undemocratic to shelve a consultation process. Even Lord McCluskey had the opportunity to participate in it. My response (below) was No 1 so I don't know how many responses there were or even whether Lord McCluskey did participate. However, the process should have become a Bill even if there was only one response. It is up to Parliament by debate via MSP's to defeat or cause a bill to be successful - it is not for undemocratic Jack to make the decision for the people of Scotland before the fact and for a de minimus reason. Is there a reason why the Justice Minister, Cathy Jamieson MSP is not dealing?

Consultation Paper

Summary of Question and Answers

Discuss.

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