S COTLAND'S top judge, who refuses to back a register of interest for members of the judiciary, has conceded a minor reform to boost transparency.
The Lord President, currently Lord Gill, is looking at pulling together information about judges declining to rule on cases due to a perceived conflict of interest.
MSPs who have criticised the lack of openness in the judiciary welcomed the shift in direction.
Holyrood's Public Petitions Committee is considering a proposal that would require judges and sheriffs to file a register of financial interests, which could include shareholdings and directorships.
Unlike other public servants such as MPs, MSPs and quango board members, judicial office-holders do not have to give details of their outside interests.
Gill, head of the Judicial Office for Scotland, told MSPs last year there were "sufficient safeguards" in place to ensure judicial impartiality.
He added that a register could infringe a judge's "freedom from harassment" from "aggressive media or hostile individuals".
The row deepened after Gill refused to give oral evidence to the committee: MSPs cannot legally compel a judge to attend.
As a compromise, committee convener Dave Stewart MSP and his deputy Chic Brodie held a private meeting with Gill at Holyrood.
At last week's Public Petitions Committee, Stewart revealed progress had been made with Gill.
He said the senior judge, while maintaining his opposition to a register of financial interests, had promised to "check whether the IT systems can be adapted to provide aggregate information about recusals".
A recusal is when a judge takes himself off a case due to a perceived conflict of interest. No list of them exists, but Gill is looking at pulling together the information.
Stewart added that such an outcome would mean "ordinary individuals with an interest here could find out how many recusals there were across Scotland".
He said that Gill would write to MSPs with further details.
Jackson Carlaw, a Tory member of the committee, said at the meeting: "But for the belligerence of this committee in pursuing the issue, there would be no letter forthcoming, and there would be no investigation. I think it rather vindicates the tenacity with which we pursued the matter."
However, SNP MSP John Wilson, who also sits on the committee, had concerns about the private meeting.
He told the committee it "should not be in a position to hold private discussions with individuals who we ask evidence from".
Wilson also asked for the note of the meeting to be made public.
A spokeswoman for the Judicial Office for Scotland said: "The Lord President is examining whether it is possible to capture the information on formal recusal to enable it to be made public.
"The Lord President will write to the convener [Stewart] in due course and no further comment can be made at this time."
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereComments are closed on this article