Investigation reveals Maurice O’Carroll appointment to Scottish Legal Complaints Commission filled board member role no one else wanted

Hobson’s Choice ? Scottish Govt’s Maurice O’Carroll QC fills unwanted SLCC board position. The recent recruitment round at the Scottish Legal Complaints Commission appears to have fell well short of its aim to recruit a willing advocate from Scotland’s Faculty of Advocates, as the law affairs journalist Peter Cherbi’s “Diary of Injustice” law blog reveals the truth behind Justice Secretary Kenny MacAskill’s announcement of the appointment of Maurice O’Carroll QC to a newly created ‘lawyer only’ board member position on the SLCC. The truth being, no one else applied for the job on the contaminated law complaints quango, giving rise to speculation Mr O’Carroll is a very reluctant or perhaps even ‘unfortunate’ volunteer.

The Scottish Legal Complaints Commission’s Press Release on Mr O’Carroll’s appointment which seems a bit short on detail, can be viewed HERE as the Scottish Government’s version, located HERE and which we reported earlier HERE, has now been pulled (yes, pulled after the appointment was exposed as lacking any competition, or willingness of advocates to come forward ? – Ed)

The investigation into the appointment of Mr O'Carroll, carried out by independent law journalist Peter Cherbi's “Diary of Injustice” law blog follows :

Poisoned Chalice : MacAskill forced to parachute Government’s own lawyer onto Scottish Legal Complaints Commission after Advocates shun job offer

Humiliation for Justice Secretary MacAskill in latest SLCC appointments round as no one applies for lawyer position. KENNY MACASKILL, Scotland’s Justice Secretary and the controversial anti-consumer Scottish Legal Complaints Commission (SLCC) were both left in a humiliating position of being forced to beg Richard Keen QC, the Dean of the Faculty of Advocates for help in finding a suitable recruit to fill a ‘lawyer-only’ position at the ‘independent’ law complaints regulator, the SLCC, after documents published today reveal not one single member of the entire Scottish legal profession applied for one of four newly created & lavishly paid positions on the SLCC’s board.

The lack of any candidates subsequently forced the Scottish Government to appoint its own standing Junior Counsel to the advertised position at the SLCC, in what some say amounted to a face saving exercise for the Justice Secretary.

The humiliating lack of interest from Scotland’s 460 or so Advocates in the latest recruitment drive for the Scottish Legal Complaints Commission’s already lawyer-heavy board was revealed in documents obtained through Freedom of Information legislation which show only one Advocate ‘was identified’ by the Scottish Government’s own recruitment team for the ‘lawyer-only’ position, after no one else from the Faculty of Advocates applied to join the infamously anti-client, anti-consumer SLCC.

The sole ‘identified’ Advocate whose name was entered into the recruitment process was later named by the Justice Secretary as the well known Maurice O’Carroll, who happens to be the Scottish Government’s own standing Junior Counsel.

Scottish Government officials were forced to write to Faculty of Advocates after no one came forward to join the SLCC’s board. According to papers released in response to a Freedom of Information request to the Office of the Commissioner for Public Appointments for Scotland (OCPAS), a recruitment panel chaired by Colin McKay, the Scottish Government’s Head of Legal Services Division, encountered difficulties in its stated mission to “identify specific advocates that they could approach” to fill the lawyer-only board appointment, forcing Mr McKay to write directly to the Dean of the Faculty of Advocates himself, Richard Keen QC “for his help in encouraging applications” to join the SLCC. However, it appears the Scottish Government’s plea to the Faculty fell on deaf ears, and not one Advocate came forward to join the frequent flyers from the legal profession who are already rooted on the SLCC’s board.

The lack of interest from advocates in joining the SLCC became such a humiliation, the Scottish Government were forced to ask for an exception to the code of public appointments. An email from the Scottish Government to OCPAS, obtained as a result of a Freedom of Information request read : “The panel interviewed the candidate and considered them suitable for appointment. The Lord President has now confirmed that he is content to accept the Panel’s assessment that the candidate is appointed.“We confirm that the current SLCC lawyer round resulted in there being a lack of choice to fill the lawyer member position on the Board. A low response was not unexpected as the applicants for this appointment must be a advocate practising in Scotland and therefore the pool of candidates is very small. The appointing Minister [Kenny MacAskill] was informed of the situation and gave his approval for the appointment round to continue. I therefore request an exception to the Code to allow us to proceed with the round on that basis.”

Humiliation for MacAskill as “no Ministerial choice being achieved” in SLCC’s lawyer-only board member recruitment process. The OCPAS assessor who sat in on the Scottish Government’s recruitment process reported to her superiors, stating : “This appointment was for a lawyer member with the person specification requiring applicants to be an Advocate practicing in Scotland. This appointment was part of an appointment round also appointing non lawyer members but it was able to proceed on a separate timetable resulting in a much shorter timescale being achieved. This was achieved primarily because of the limited field of potential applicants and the targeted advertising and short application form used.”

“Historically it has been difficult for the Commission to attract Advocates to these appointments. The targeted advertising and short application form may have contributed to the outcome of an appointable candidate being recommended albeit with no Ministerial choice being achieved.”

The Justice Secretary chose to omit any reference to the lack of interest in joining the SLCC, and simply, announced Mr O’Carroll’s appointment in a quietly issued press release, stating : “Mr O'Carroll has extensive and varied advocacy experience. His breadth of experience and professional standing will complement and strengthen the current Board. This appointment will run for five years from a date which has still to be confirmed but likely to be sometime around March. This post is part-time and attracts a remuneration of £212 per day for a time commitment of up to six days per month.”

A senior source within the Scottish Government’s Justice Department speaking earlier this week to Diary of Injustice said : “This has been a face saving exercise for the Justice Secretary. If Mr O’Carroll had not been parachuted into the appointments process, there would have been no takers for the poisoned chalice of a position on the board of the SLCC.”

The SLCC announced in November it was looking for four ‘Frequent Flyers” to join its board : High Salaries & little work as a sweetener. The latest recruitment round for adding four additional “frequent flyers” to the Scottish Legal Complaints Commission’s board, where expenses claims are lavish, and work is minimal, were split into three positions earmarked for ‘non-lawyers’ with “consumer backgrounds” and one lawyer member’ who was “required to be a practising advocate”. I reported on the recruitment announcement in an earlier article of November 2010, here : Quangocrats wanted : Scottish Legal Complaints Commission seek ‘non-lawyer’ board members with legal & ‘consumer’ backgrounds at £209+ a day

Solicitors were apparently excluded from the latest ‘lawyer-only’ board member position because the SLCC felt it looked like there were too many solicitors, former solicitors & even non-practicing solicitors on its board already, namely Professor Alan Paterson OBE, FRSE, David Smith, Margaret Scanlan OBE & David Chaplin.

It is also noteworthy that much of the SLCC’s current staff who actually handle the complaints work, migrated over from the Law Society of Scotland’s Client Relations Office, itself which has been the focus of well founded accusations of corrupt self-regulation of solicitors and regular cover ups to protect ‘crooked lawyers’ from complaints lodged by financially ruined clients.

It will be interesting to see exactly who qualifies for the SLCC’s three new ‘non-lawyer’ positions, as the current crop of ‘non-lawyer’ board members comprises two ex-senior Police Officers, a member of the Scottish Criminal Cases Review Commission and a Doctor with several other quango positions including one at the Accounts Commission for Scotland. More details on the SLCC’s board members and their numerous positions can be found in an earlier article, here : More ‘jobs for the boys’ than action on ‘crooked lawyers’ : What it takes to be a Board Member at the Scottish Legal Complaints Commission

A legal insider speaking to Diary of Injustice this morning indicated observers of the SLCC may not be in for too much of a surprise in who will be appointed by the Justice Secretary to the three ‘non-lawyer’ positions currently on offer at £209+ per day along with additional expenses, for as little as six days work per month and lasting five years.

It is also worth bearing in mind that work is not a problem at the SLCC, as there isn’t much to do, which I revealed last month, here : ‘One complaint upheld’, 928 more sent back to Law Society & £1.8million spare cash : Scottish Legal Complaints Commission's 2010 annual report

The new quangocrats will have a chance to work with existing SLCC Board members already featured in newspapers for being ‘on the razzle’. The recruitment advertisement from the Scottish Government stated : “The Scottish Legal Complaints Commission (SLCC) requires 3 non lawyer members to become part of their Board with effect from February 2011. The successful candidates will be appointed by Scottish Ministers in consultation with the Lord President of the Court of Session.As a non lawyer member you will have the ability to apply objective and impartial judgement to the resolution of disputes, have the ability to offer guidance on one or more of the following Commission activities: regulation, consumer rights, consumer advocacy, consumer needs and have the ability to contribute to an effective team.”

The Scottish Government issued a statement in response to queries from Diary of Injustice about the latest failed SLCC appointments round. Their spokesperson said : "Mr O'Carroll was appointed following an open and transparent recruitment process regulated by the Scottish Commissioner for Public Appointments."

The Scottish Legal Complaints Commission issued a brief statement, saying : “All Members of the SLCC Board are Ministerial public appointments and are made in accordance with the Office of the Commissioner for Public Appointments in Scotland’s Code of Practice.”

Neither the SLCC nor the Scottish Government commented on allegations Mr O’Carroll ‘was volunteered for the appointment’, or revelations not one Advocate applied for the position other than one of the Government’s own lawyers.

Given the Scottish Legal Complaints Commission has only upheld one single complaint against an unknown solicitor or law firm in the past three years, I doubt the level of work will be much of a problem for any of the new recruits to the SLCC’s Board. Readers can find out just how effective the SLCC has been since it came into being, in my coverage of its 2010 annual report, revealed last month, here : ‘One complaint upheld’, 928 more sent back to Law Society & £1.8million spare cash : Scottish Legal Complaints Commission's 2010 annual report

My earlier coverage of the Scottish Legal Complaints Commission and its much less than expected performance as a regulator of complaints against Scotland’s legal profession, can be read here : The Scottish Legal Complaints Commission – The story so far

Background to new ‘lawyer board member’ of the Scottish Legal Complaints Commission :

Maurice O’Carroll, appointed to the Scottish Legal Complaints Commission. Mr O'Carroll is a graduate of the University of Edinburgh who was admitted to the Faculty of Advocates in 1995. Prior to being called to the Bar Mr O'Carroll worked in Brussels for three years, initially with the European Commission and then with a commercial law firm specialising in international trade. Since 2002 he has been ad hoc Advocate Depute for the Crown Office and Standing Junior Counsel to the Scottish Government since 2003. He has a range of experience which includes planning inquiry work, public and administrative law, conducting employment tribunals and employment appeals tribunals, Inner House experience and providing opinions in relation to each of these areas.

Quangocrats : Ex-Law Society President McAllister & Ex-Civil Service Chief Muir Russell reappointed to Judicial Appointments Board on £290 a day

The merry go round of quango appointments is certainly alive & kicking under the SNP minority Scottish Government with the announcement today of the reappointment for a further three years of lucrative taxpayer funded jobs with expenses & jollies attached for a former Law Society President, Martin McAllister and the former Permanent Secretary for the Scottish Government (Chief of the civil service in Scotland), Sir Muir Russell to the Judicial Appointments Board.

For those of you having to face the massive public service cuts, reduced pensions, higher taxes or even unemployment, spare a thought for Mr McAllister & Sir Muir Russell who will both be on the nice little earner of £290 per day a for a time commitment of 20 to 30 days per year.(Yes, we are all in this together ! – Ed)

Sir Muir Russell chaired an inquiry into into allegations that leading academics at the University of East Anglia manipulated data on global warming. The ‘results’ of that ‘inquiry’ can be found HERE. (Guess what, the University did no wrong ! - Ed)

While Sir Muir Russell holds no other public appointments currently, Mr McAllister is also a part-time Convenor of the Mental Health Tribunal for Scotland with a remuneration of £430 per day.

Mr McAllister is however, more remembered for being caught in the scandal over former Law Society Chief Executive Douglas Mill’s secret claims fixing memos, as covered by one of our own reporters, Peter Cherbi, HERE

The announcement from the Scottish Government :

Judicial Appointments Board for Scotland

22/03/2011

The Cabinet Secretary for Justice today announced the reappointments of Sir Muir Russell as the Chairing Member, and Mr Martin McAllister as a member to the Judicial Appointments Board for Scotland.

Sir Muir Russell was first appointed as Chairing Member of the Judicial Appointments Board for Scotland on October 1, 2008 for a three year period. His background is as a civil servant and he held a number of posts before being appointed Permanent Secretary at the Scottish Office in 1998. He was Principal of the University of Glasgow from 2003 until his retiral in 2009. He is a Vice Chair of Governors of the Glasgow School of Art, the Chairman of the Dunedin Concert Trust, a Member of the Board of the Moredun Research Institute, the Chairman of the Council of the Hannah Research Institute and a Fellow of the Royal Society of Edinburgh.

This reappointment will run for a further three years from October 1, 2011 to September 30, 2014.

He is an experienced chair who demonstrates particular strengths in building relationships both internally and with external partners.

This post is part-time and attracts a remuneration of £17,500 per annum for a time commitment of 20 to 30 days per year.

He has no other public appointments.

Mr McAllister was first appointed as a legal member on September 1, 2008 for a three year period. He is a partner with Taylor and Henderson Solicitors. He is a former President of the Law Society of Scotland and has convened several of its Committees including Legal Aid, Professional Practice and Professional Conduct. Mr McAllister is currently a part-time tutor at the University of Strathclyde and a part-time Convenor of the Mental Health Tribunal for Scotland.

As a practicing Solicitor and former President of the Law Society he brings valuable experience of the largest element of the legal profession in Scotland.

This reappointment will run for a further three years from September 1, 2011 to August 31, 2014.

This post is part-time and attracts a remuneration of £290 per day a for a time commitment of 20 to 30 days per year.

Mr McAllister is also a part-time Convenor of the Mental Health Tribunal for Scotland with a remuneration of £430 per day.

The Judicial Appointments Board for Scotland was established by Ministers in 2002, and it became an independent advisory non-departmental public body on June 1, 2009. The Board has statutory responsibilities under the Judiciary and Courts (Scotland) act 2008. The Board's role is to make recommendations to Ministers for appointment to the office of judge, sheriff principal, sheriff, and part-time sheriff as well as other judicial offices set out in the Act.

These Ministerial public appointments were made in accordance with the Commissioner for Public Appointments in Scotland's Code of Practice.

All appointments are made on merit and political activity plays no part in the selection process. However, in accordance with the original Nolan recommendations, there is a requirement for appointees' political activity within the last five years (if there is any to be declared) to be made public. There is no political activity to be declared.

Sheriff Court shorthand writers now earn £39.25 per hour as Holyrood’s Justice Committee approve 3.6% hike in courtroom salaries

Shorthand writers in Scotland’s Sheriff Courts have been given a salary rise (for them, not for clients ! - Ed) by the Scottish Parliament’s Justice Committee after msps passed an Act of Sederunt earlier this week awarding the shorthand writers a rise in their attendance fee to £39.25 per hour with their minimum charge now rising to £156.85. (Whatever happened to Lord Gill’s recommendations to reduce access to justice costs ? – Ed)

MSPs of the Justice Committee very briefly considered the Act of Sederunt on Tuesday of this week, the only member of the Committee to voice his concerns was LibDem Robert Brown MSP, who said : “I note that the instrument provides for an increase of 3.6 per cent in fees to shorthand writers. Given that there have been reductions across the board in legal fees and so on, it is not entirely clear to me why fees in this area are going up. I do not propose to make an issue of it, but I make that observation in passing.”

Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 2011

Made : 24th February 2011

Laid before the Scottish Parliament : 28th February 2011

Coming into force : 2nd May 2011

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 40 of the Sheriff Courts (Scotland) Act 1907(1) and of all other powers enabling them in that behalf, do hereby enact and declare:
(1)

1907 c.51; section 40 was amended by the Sheriff Courts (Scotland) Act 1913 c.28, Schedule 1; the Secretaries of State Act 1926 c.18, section 1(3); the Administration of Justice (Scotland) Act 1933 c.41, Schedule; the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 c.12, Schedule 1, paragraph 7 and Schedule 2; and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 c.40, Schedule 9, paragraph 1.

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 2011 and comes into force on 2nd May 2011.

(2) A certified copy of this Act of Sederunt shall be inserted in the Books of Sederunt.

Increase in fees of shorthand writers

2.—(1) The table of fees in rule 42.16(3) of the Rules of the Court of Session(1) is amended in accordance with the following sub-paragraph.

(2) In Chapter IV (transcripts of evidence etc.)—

(a)in paragraph 1 (attendance), for the amounts of £37.87 and £151.39 substitute the amounts of £39.25 and £156.85 respectively; and

(b)in paragraph 2 (notes of evidence: extension by shorthand writer or transcriber), for the amounts of £6.20, £7.59 and £0.50 substitute the amounts of £6.40, £7.85 and £0.52 respectively.

Saving

3. Paragraph 2 of this Act of Sederunt shall not affect fees chargeable for work done, or outlays incurred, before 2nd May 2011.

This Act of Sederunt increases the fees payable to shorthand writers in the Sheriff Court by 3.6%. The last increase was effected by the Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 2009 (S.S.I. 2009/103).

This Act of Sederunt does not apply to fees chargeable for work done before it comes into force.

Scottish Parliament Justice Committee : Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 2011 (SSI 2011/166)

Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 2011 (SSI 2011/166)

The Convener: The Subordinate Legislation Committee has not drawn the instrument to the attention of the Parliament or the committee.

Robert Brown: I note that the instrument provides for an increase of 3.6 per cent in fees to shorthand writers. Given that there have been reductions across the board in legal fees and so on, it is not entirely clear to me why fees in this area are going up. I do not propose to make an issue of it, but I make that observation in passing.

The Convener: Are members content to note the instrument?

Members indicated agreement.

New Chairman of Law Society’s Master Policy brokers, Marsh & McLennan is Tory Peer Lord Ian Lang, linked to 90’s Scots Tory scandal cover-ups

Conservative Peer Lord Ian Lang, Baron Lang of Monckton has been named as the new Chairman elect of the US Insurance giant, Marsh & McLennan Companies, of which their UK arm, Marsh UK insure all Scottish solicitors under the infamous Master Insurance Policy, an arrangement enforced by the Law Society of Scotland requiring all Scottish lawyers & law firms to be a part of, if they wish to practice law. Lord Lang is listed in Marsh’s 2011 annual report as currently chairing their “Compensation Committee” as well as sitting on its Directors & Governance, Executive & Finance Committees.

While Lang’s appointment as Chairman was announced in a Press Release from Marsh UK last year, there was apparently no mention of the fact the Tory peer had been named in a 2005 Consolidated Class Action against Marsh & McLennan Companies, which claimed : “Defendant Lang has been a director of Marsh since 1997. Lang was Chairman of the Company's Audit Committee between 1998 and 2001 and has also served on the Board's Executive, Compensation and Governance Committees. During the Class Period, Lang signed SEC filings containing materially false and misleading statements.”

The Class Action, which can be downloaded in its entire 291 page form, HERE went onto allege Lord Lang, along with several other identified directors of MMC were involved in supplying ‘materially false & misleading statements’ : “Defendants Greenberg, Wijnberg, Rapport, Cabiallavetta, Fanjul, Groves, Hardis, King, Lang, Olsen, Simmons, Sinnott, Smith, King and Schapiro either authorized registration statements containing materially false and misleading statements and/or served as directors at the time the Company issued securities pursuant to false and misleading registration statements.”

In 2004, the Independent newspaper reported that : “Lord Lang of Monkton, the president of the Board of Trade in the last Conservative government, is being sued for his role as a director of Marsh & McLennan, the US insurance broker accused of orchestrating a massive fraud against customers. Lord Lang is one of a number of directors accused of breaching their fiduciary duty to Marsh's shareholders in a class action organised by the New York law firm, Goodkind Labaton Rudoff & Sucharow. The move is a blow for Lord Lang, who has kept a low profile since Marsh was last month accused by New York's combative Attorney General, Eliot Spitzer, of manipulating insurance bids to collect inappropriate fees. The action increases pressure on Lord Lang to step down from Marsh's board.

Goodkind's case alleges Marsh forced its employees to use their retirement savings programmes to invest heavily in its shares. Employees face heavy losses since the company's stock plunged after Mr Spitzer's allegations."Marsh's 'bid rigging' schemes were fraudulent and illegal, and have opened the company up to massive civil and criminal liability. For these reasons, the defendants knew or should have known that Marsh stock was an imprudent investment alternative for the [retirement] plans," the claim says.”

Lord Lang joined the Marsh McLennan Companies Board in 1997. He chaired the Audit Committee from 1998 to 2001 and has served as chair of the Compensation Committee since 2007. Lord Lang began his career as an insurance broker. He later served as a member of the British Parliament from 1979 to 1997; in the Cabinet as President of the Board of Trade and Secretary of State for Trade and Industry from 1995 to 1997; and as Secretary of State for Scotland from 1990 to 1995.

MMC’s profile on Lord Lang fails however, to mention activities reported in the Scottish Press in March 1997 where Lang was accused of being among “Tory top brass who covered up the gay double-life of shamed chairman Sir Michael Hirst” during a series of reports on appointments within the Conservative Party in Scotland at the time which were later claimed to have “buried the party in Scotland”.

The reports from the Daily Record stated : “Tory top brass covered up the gay double-life of shamed chairman Sir Michael Hirst. Former Scots Secretary Ian Lang knew about his homosexual affairs with TWO young Tories. But he took no action after Hirst denied the flings with former researcher Andrew Barnett and personal assistant Paul Martin. Barnett blurted out the secret at the party's Brighton conference two years ago. One senior Tory said: "This went all the way to Ian Lang."

Earlier this year, Lord Lang who is also now the Chairman of the Advisory Committee on Business Appointments, which vets the jobs of former ministers was back in the news, attempted to justify the ‘Establishment’ make-up of his committee, which comprises four peers, two knights and a dame. The Daily Mail newspaper reported that Lord Lang said : “Bus drivers, waitresses and other people in ‘unimportant’ jobs are not fit to sit in judgement on the business interests of former ministers.”, more on which can be read here : Bus drivers and waitresses? Those sorts of people aren't important claims Tory peer

The Daily Mail article also reported on Lord Lang’s interests :

Former Cabinet minister Ian Lang knows more than most about the links between the worlds of politics and big business. Lord Lang, who served as trade secretary under John Major, has carved out a highly lucrative portfolio of private interests since losing his seat at the 1997 election.

The 70-year-old peer, who was educated at Rugby School and Cambridge University, is a director of no fewer than five corporations. His most prominent role is at giant U.S. insurance firm Marsh and McLennan, where he due to become chairman in May this year. He is also a non-executive director at the hedge fund Charlemagne Capital and the Russian energy firm SoyuzNefteGaz. Other directorships include Ukrainian wine company OJSC Sun Valley and management consultants SI Associates.

Last year Lord Lang was one of a number of senior politicians caught up in a sting by Channel Four’s Dispatches programme. Researchers set up a fake lobbying firm to establish what politicians would be prepared to offer. Lord Lang submitted his CV and went for an interview. But he insisted yesterday that he had never agreed to lobby on behalf of the firm’s clients and had only been interested in a job on its advisory board.

Marsh & McLennan Companies Press Release of last year stated : “The Board of Directors of Marsh & McLennan Companies, Inc. (MMC) announced today that Ian Lang, Lord Lang of Monkton, will succeed Stephen R. Hardis as Independent Chairman of the MMC Board of Directors when Mr. Hardis retires from the Board in May 2011.”

“I am honored to be taking the role of Independent Chairman of this Board of experienced leaders,” commented Lord Lang. “Steve Hardis has set the bar high, but I look forward to following his fine example in seeking to help MMC achieve its strategic goals and in providing value for shareholders.”

The MMC 2011 annual report made little mention of Lang’s history, simply stating : “Our following directors were marked as “Flagged (Problem) Directors” by The Corporate Library due to their Marsh & McLennan board tenure when MMC was sued by the State Attorney General for alleged bid rigging, price fixing, and kickbacks: Gwendolyn King, Stephen Hardis, Adele Simmons, Oscar Fanjul, Morton Schapiro and Ian Lang. Our entire Nomination and Executive Pay committees were filled with “Flagged (Problem) Directors.” Nonetheless “Flagged Director” Ian Lang will become our Chairman in 2011.”