Saturday, July 30, 2011

The Justice Secretary, the too-sick-to-work Chief Executive, the SECRET PAY-OFF & the Scottish Legal Complaints Commission

MacAskill meets Masterman, yet months later the SLCC complaints chief left on ‘ill health’ grounds. QUESTIONS are being raised over a Scottish Government backed SECRET PAY-OFF made to EILEEN MASTERMAN, the former Chief Executive of the Scottish Legal Complaints Commission who was appointed to her £1,350 a week position by Scotland’s Justice Secretary Kenny MacAskill in October 2008. While enquiries into the amount of money actually paid to Ms Masterman has so far drawn an official blank, SLCC insiders have now privately confirmed the settlement “is a substantial sum” and was apparently only paid over after bitter negotiations between legal teams representing those concerned in the deal which was to be kept secret even though it required the agreement of the Scottish Government & Scottish Ministers.

Eileen Masterman was appointed to the Scottish Legal Complaints Commission in 2008 by the SNP Scottish Government who one senior legal insider claimed “had made a complete mess of the SLCC”. It has also been claimed Ministers had ignored warnings from officials the SNP’s plans for the new law complaints quango would founder with public perception seeing the SLCC as little more than a window dressing exercise.

While criticism of the SLCC has been sharp in both the media and from elements of the legal profession, consumer organisations have been strangely less eager to publicly & officially challenge the lax regime at the SLCC’s Edinburgh Stamp Office HQ. The lack of official criticism of what is now widely seen as a disastrous attempt to independently regulate complaints against solicitors in Scotland comes amid rumours that officials from one particular consumer organisation were threatened, being told privately in no uncertain terms if they openly criticised the SLCC, their positions on justice related bodies & consultation groups would be terminated immediately.

Speaking at the time of Ms Masterman’s appointment during the opening of the SLCC, Justice Secretary Mr MacAskill said : “"I want to congratulate everyone who has worked hard to get this new organisation off the ground. The Commission was an initiative of the previous administration, but one we were happy to support. I am determined to ensure that the legal profession in Scotland continues to thrive, and receive the respect it deserves for the good work it does. A modern, transparent, independent complaints resolution system is a key part of that. I have no doubt that the Commission will play a valuable role in safeguarding the rights of both the legal profession and users of the services they provide throughout Scotland."

SLCC Chief Executive Eileen Masterman  commented: "As an organisation that is structured to be completely independent, impartial and accessible, it will bring a different approach to addressing legal complaints in Scotland. The complaint handling procedure has been drawn up from a 'clean sheet' and anyone taking a complaint forward will benefit from a single gateway approach and the opportunity to use the services of trained mediators at every stage."

Yet, only a few months later in late summer 2009, Masterman’s costly well salaried appointment at the SLCC broke down in tears amid bitter internal feuding over an investigation into the Master Policy and arguments with Cabinet Secretary for Finance John Swinney and a constituent over secret meetings which had been held between the Scottish Legal Complaints Commission, the Law Society’s Master Policy insurers Marsh UK and Royal Sun Alliance PLC who underwrite the Master Policy itself.

Independent Law Journalist Peter Cherbi investigated the payoff and reported back on what he found via his Diary of Injustice web blog, here :

HUSH & MONEY : Former SLCC law complaints Chief Executive Eileen Masterman received secret Scottish Government approved payoff in deal with lawyers

SLCC Chief Executive Eileen Masterman (foreground) received Scottish Government approved pay off after lawyers intervened says auditor report. RUMOURS that Eileen Masterman, the former Chief Executive of the much derided Scottish Legal Complaints Commission (SLCC), received a SUBSTANTIAL PAY OFF after she resigned on grounds of “ill health”, after serving less than SEVEN MONTHS in the £80,000 a year, £1,350 plus, a week job have now been confirmed with the publication of a “Key Memorandum Issues” document prepared for the SLCC by the Edinburgh offices of auditors Grant Thornton. Grant Thornton were called in to replace the Scottish Legal Aid Board (SLAB) as the SLCC’s auditors, after SLAB were abruptly sacked from their auditing role by the SLCC’s board in 2009 after much bickering over the Legal Aid Board’s scrutiny of the failed law complaints quango.

However, the report now published by Grant Thornton FAILS to mention any references to official claims Ms Masterman resigned due to “ill health”. The report instead documents a battle negotiations between lawyers, the Scottish Legal Complaints Commission and even the Scottish Government over what is referred to as an unspecified “Ex-Gratia payment”, which one legal insider this morning said may have been made to head off any legal proceedings against the SLCC by Ms Masterman. The figure, which Grant Thornton, the SLCC and the Scottish Government have so far failed to disclose, is rumoured to be substantial.

Grant Thornton’s audit of the SLCC’s problems revealed Scottish Government approved payoff to former CEO. Referring to Ms Masterman’s payoff while managing to omit the figures, page eight of the report from Grant Thornton states : “Ex gratia payment to former CEO : Rosemary Agnew was appointed the role of Acting CEO in November 2009 and the former CEO, Eileen Masterman departed from the post in February 2010, with Rosemary Agnew continuing in her role. We understand that an ex-gratia payment was paid to the former CEO. The amount of this payment was determined through consultation between the former CEO, the Board and the respective lawyers. The payment was then authorised and approved by the Board and the payment approved by the Scottish Government.”

Scottish Legal Complaints Commission - Eileen Masterman steps down  as Chief  Executive 19 April 2010SLCC release on Masterman resignation claimed illness, omitting details of Scottish Government approved pay-off. The Scottish Legal Complaints Commission issued a public press release regarding Ms Masterman’s resignation, stating : “The SLCC has now informed its staff and stakeholders that after a period of illness, Eileen Masterman, Chief Executive Officer of the Scottish Legal Complaints Commission (SLCC) has left the organisation. The Commission wishes her well for the future. Jane Irvine, SLCC Chair, confirmed that Rosemary Agnew, the SLCC Head of Investigations, will continue in her role as Accountable Officer and Acting Chief Executive until further notice. The position of Chief Executive is filled through the Public Appointments process run by the Office of the Commissioner for Public Appointments in Scotland (OCPAS). The recruitment process will commence in due course.”

Following the ‘recruitment process’, Ms Masterman was eventually replaced by Rosemary Agnew as Chief Executive in 2010. The SLCC have since removed any references to Ms Masterman’s resignation from their website.

Sources in late 2009 had informed Diary of Injustice that Ms Masterman had failed to respond to correspondence from consumers & msps, however it was not until early 2010, firm evidence was made available Ms Masterman had been missing from her role as the SLCC’s Chief Executive for some time, as I revealed in an article on April 13 2010, here : £70K Chief Executive ‘missing for 6 months’ at Scottish Legal Complaints Commission as Justice Secretary dodges questions on scandal-hit law quango

The day after my initial article on Ms Masterman’s disappearance from work, April 4, 2010, the SLCC were forced to announce the resignation of Ms Masterman from her post on grounds of “ill health”, which I reported on, here : SLCC’s Eileen Masterman resigns, questions remain on attempt to mislead Cabinet Finance Chief John Swinney over secret meetings with insurers Marsh

John SwinneyCabinet Finance Chief John Swinney revealed he felt Ms Masterman had mislead him over accounts of meetings. However, Eileen Masterman’s resignation leaves questions over increasingly bitter exchanges between the Scottish Legal Complaints Commission & the Scottish Government’s Finance Chief, John Swinney, on a matter which I have previously reported where further documents obtained under Freedom of Information legislation revealed the SLCC had clearly mislead Mr Swinney over secret meetings between its officials including Ms Masterman and officials from Marsh, the Law Society’s Master Policy insurers.

John Swinney 09032009 to SLCC 1Cabinet Secretary Swinney demanded explanations of SLCC's minutes contradictions. Letters written by Cabinet Secretary John Swinney dated March 2009 to the SLCC's Chief Executive Eileen Masterman brand her explanation 'contradictory' to details in the Commission's own minutes : "In your response on the 12th of December to *** subsequent letter on the 2nd of December in which *** had stated 'clearly you are saying that no date has yet been arranged for the Marsh presentation'. You indicated that a meeting took place with RSA (Royal Sun Alliance) in July 2008 but that no meeting had occurred with Marsh."

Mr Swinney went on to state in his letter : "*** has drawn to my attention the fact that the minutes of the Scottish Legal Complaints Commission dated 11th of March 2008 and 7th July 2007 indicated firstly in March 2008 that 'Jane Irvine confirmed she had arranged an introductory session from Marsh' and the minutes in July said that a meeting had taken place with RSA. I have to say that I feel there is a contradiction between the correspondence you have sent to *** dated 1st and 12th of December and the minutes of the SLCC meetings of March and July."

John Swinney 03062009 to SLCCSLCC's answers to Cabinet Secretary Swinney were far from clear. Ms Masterman’s responses to Mr Swinney's allegations of contradictions in correspondence between himself, a constituent and the SLCC, to keep secret any meetings with the insurers, fell through after details of the secret meetings emerged in board minutes of meetings of the Commission, leading to further correspondence between the SLCC & Mr Swinney, who went onto brand Ms Masterman’s explanations as "far from clear" after Ms Masterman informed Mr Swinney in letters dated 15 January 2009 "The SLCC has not consulted with Marsh or the Royal Sun Alliance about the operation of the Master Policy" which was contradicted by emails from November 2008 between Ms Masterman & the then Head of Investigations Rosemary Agnew, which read : "We received our tutorial yesterday on the Master Policy from Marsh".

Eileen Masterman then wrote to John Swinney in a letter dated March 2009 claiming "I have not met with Marsh", clearly contradicting the course of events revealed in documents released under FOI legislation where SLCC officials including Ms Masterman had in fact met Marsh.

Frequent Flyers SLCCFrequent Flyers : SLCC’s David Smith expressed anti-client jibes to Eileen Masterman in emails around the anti-consumer law complaints quango. Among the papers ordered to be disclosed in a decision by the Scottish Information Commissioner, Kevin Dunion, emails containing anti-client jibes were revealed to have been sent by SLCC board member David Smith to Ms Masterman in July 2009. Mr Smith, husband of Court of Session judge Lady Smith, was personally appointed to the SLCC by Justice Secretary Kenny MacAskill. Mr Smith, a lawyer who served much of his career at law firm Shepherd & Wedderburn, who themselves often act for the Master Policy in protection of questionable solicitors against negligence claims, referred to participants in the Master Policy survey & deceased clients who had committed suicide as a direct result of involvement with the Master Policy, as “Frequent flyers”.

Margaret Scanlan - Called to the Bars - Sunday Mail  15 March 2009 emailCalled to the Bars : Evidence from earlier FOI releases featured in newspapers point to SLCC’s anti client culture among board members & senior officials. The emails from David Smith to SLCC staff including the SLCC’s then Chief Executive Eileen Masterman, support evidence from earlier FOI releases which featured in the national media of a bitter, hate fuelled anti-client culture operating at the highest levels of the Scottish Legal Complaints Commission, which has seen other board members such as Glasgow divorce lawyer Margaret Scanlan who rubbished victims of crooked lawyers as “complete chancers”. In additional emails, other board members chastised consumer organisations, and sought to exclude them from the inevitable results of the SLCC’s Master Policy investigation, which the deaths of clients to the Law Society of Scotland, its insurers and the Master Policy itself.

A client who has been waiting months for the SLCC to take action on his complaint about his solicitor, condemned the organisation for its inaction over complaints and internal secrecy. He said : “I’ve been waiting nine months for a result on my complaint which has been back and forth from the Law Society to the SLCC yet neither can work out who should investigate my case. They seem to be more able to pay off their staff in the snap of a finger and make sure the dirt is kept secret rather do their job which is supposed to be investigating complaints about solicitors.”

Scottish GovernmentSomething to hide : Scottish Government Ministers refuse to comment on audit report’s claims they approved a payoff to the former SLCC Chief Executive Eileen Masterman. The Scottish Government were asked for comment on their role in approving the pay off to Ms Masterman amid claims that a series of leters from Mr Swinney & a law reform campaigner over the Master Policy meetings led to her downfall. The Scottish Government refused any comment, their spokesperson briefly stating : "This is a private personnel matter for the SLCC and its former employee."

The Scottish Legal Complaints Commission also refused to comment on the matter or release any details of the payoff and how it was negotiated. It was also noted the SLCC’s media response was emailed at exactly the same time as the response received from the Scottish Government.

Monday, July 25, 2011

Scottish Hackergate : Crown Office confirms Strathclyde Police in ‘narrow focus’ Sheridan trial inquiry, telephone hacking & Police corruption probe

THE CROWN OFFICE have confirmed Strathclyde Police are to investigate claims of telephone hacking & breaches of data protection in Scotland, albeit in a ‘narrow focussed’ inquiry relating to the News of the World hacking scandal (I wouldn’t advise anyone to expect too much of this one – Ed)

Strathclyde Police are also to investigate any allegations or instances of Police corruption although as records of investigation into Police corruption go, none have been all that successful in Scotland.

One of our reporters, apparently familiar with many examples where Police officers in Scotland had inappropriate contact with outside interests where money changed hands for information, posed the following question in the office this morning.

Our reporter discussed the merits of the inquiry and asked : Would this include instances where for example, a Detective Sergeant from an unnamed Scottish Police Force hacked information on his Detective Chief Inspector who was having an affair with a married burglary victim and went on to sell the information to a tabloid newspaper, generating headlines which disgraced his senior officer who was then forced to retire ? … (Jings ! and I thought the subject under investigation was Police selling information to the media ! – Ed)

A Press Release issued by the Crown Office states :

Investigation into alleged telephone hacking in Scotland 

From: Crown Office

INVESTIGATION INTO ALLEGED TELEPHONE HACKING IN SCOTLAND

The Crown Office and Procurator Fiscal Service have today confirmed that a Strathclyde Police investigation into claims of phone hacking and breaches of data protection in Scotland has commenced.

The Crown had previously asked Strathclyde Police to make a preliminary assessment of the available information and the evidence given by certain witnesses in the trial of Tommy Sheridan following allegations made against the News of the World newspaper.

The preliminary assessment has concluded. Strathclyde Police have now reviewed the available information and following liaison with the Area Procurator Fiscal at Glasgow the Crown has instructed an investigation should commence.

The investigation will be progressed expeditiously and in close liaison with the Area Procurator Fiscal and Crown Counsel. Significant resources will be deployed though these will vary with the needs of the investigation.

The investigation will cover the following:

1. Allegations that witnesses gave perjured evidence in the trial of Tommy Sheridan.

2. Allegations that, in respect of persons resident in Scotland, there are breaches of data protection legislation or other offences in relation to unlawful access to personal data.

3. Alleged offences determined from material held by the Metropolitan Police in respect of 'phone hacking' (Contraventions of the Regulation of Investigatory Powers Act 2000) and breaches of data protection legislation in Scotland.

4. Alleged instances of police corruption linked to items 2 and 3 above, in respect of the unlawful provision of information or other personal data to journalists or persons acting on their behalf.

Having investigated these matters Strathclyde Police will report to the Area Procurator Fiscal at Glasgow and Crown Counsel.

Sunday, July 24, 2011

Reasons your Scottish Borders Council tax is so high : 15 Councillors soak up £1/2 million, Officials & Chief Exec on £100K plus & golden pensions

For those of you wondering why your Council Tax demands in the Scottish Borders are so high for a region with poor take home pay, figures showing MASSIVE salaries & allowances for Councillors & Department Heads which recession hit Borders residents are also having to pay for were revealed this weekend as Scottish Borders Council posted their annual statement of accounts for 2010/11 on their website, also available as an online document or downloadable version HERE

The most interesting aspect of SBC’s latest annual accounts is the so-called Remuneration Report for senior employees and leading councillors. While most of the UK’s employed workforce including many public sector employees (although not including the financial or legal sector of course) is having to contend with levels of pay frozen in the public interest, the wage freezes and demands to save money in the face of the UK’s most severe recession seem to have escaped Scottish Borders Council, where salaries, pensions & golden goodbyes are definitely ON THE UP.

Within the latest set of accounts for Scottish Borders Council, the number of SBC officials with remuneration of over £50,000 increased from 97 in 2009/10 to 107 in 2010/11. In the same period the number of officers earning over £100,000 increased from 2 to 6 with page 27 of the final accounts showing the remuneration for the 15 senior councillors totalled £391,128 (£375,446 in 2009/10). Councillor George Turnbull’s remuneration increased by 34 per cent from £19,652 to £26,647 while Councillor F Renton enjoyed a 30 per cent increase (£18,493 to £24,063.)

Remuneration of senior employees (page 28) shows their earnings did not stand still either. David Hume (chief executive) had a total take including allowances of £123,008 (£119,531) although the figure included £3,500 fee as returning officer at the election. Tracey Logan, who worked under the chief executive was paid £101,039 (£96,470); Glenn Rodger, director of education £101,393 (£99,077); Iain Lindley, planning £91,105 (£89,040); Andrew Lowe, social work £101,393 (£99,108) and Ian Wilkie, legal services £71,936 (£70,183).

Pension lump sums and annual pensions earned by senior officers (page 30) show retiring Chief Executive Mr Hume will leave with a massive pension lump sum of £135,000 plus an annual pension of £49,000 none of which takes into account severance pay etc.

Under the heading of Termination Benefits (pdf page 46) the report also states “The council terminated the contracts of a number of employees in 2010/11 incurring liabilities of £1.6 million.”

The Scottish Borders is widely known as having one of the lowest paid workforces in the entire United Kingdom, and the trade unions representing council workers proudly announced recently that they had negotiated a pay freeze in return for no compulsory job losses. Scottish Borders Council have been constantly in the headlines for multi million pound losses in Icelandic banks, totalling near TEN MILLION POUNDS. More on the Icelandic Bank-SBC scandal can be read here : “Akin to Money Laundering” : Tory-LibDem Scottish Borders Council ‘played Russian Roulette’ with taxpayers £172 million in bankrupt Icelandic Banks

A Borders political reform campaigner branded the salaries at Scottish Borders Council as wasteful and a misuse of taxpayer funds.

He said : “Should these people not also be subjected to a pay freeze or even a pay cut like everyone else in the country ?”

Declarations of Freemasonry membership a must if Leveson Inquiry into phone hacking is to have any credibility says Scots justice campaigner

A letter from a Fife based justice campaigner published in the Scotsman newspaper and since made available to Scottish Law Reporter in its original format says there must be declarations of Masonic membership in the Leveson Inquiry into phone hacking at the News of the World and other media outlets.

Since the letter was published yesterday, details have today emerged of Lord Justice Lord Leveson, the judge appointed by Prime Minister David Cameron to investigate the hacking scandal, had attended parties at the home of Elizabeth Murdoch, the daughter of media mogul Rupert Murdoch whose newspapers are caught up in the hacking scandal. More on this can be read in today’s Independent, here : Miliband mulls MPs' demands to remove hacking-inquiry judge

Masonic link : published in the Scotsman newspaper   23 July 2011

Your Leader (21 July) on the terms of reference of the phone-hacking inquiry makes a good case for keeping a narrow focus.

But in order to do the inquiry justice heed must also be taken of the concerns of journalist Nick Davies of the Guardian, who in June revealed that one of the rogue investigators used by several newspapers, Jonathan Rees, had used his membership of the Freemasons to gain information from corrupt policemen, customs officers, tax officials and bank employees.

This claim was repeated in the House of Commons by Tom Watson MP and led to Simon Hughes MP demanding that any inquiry into phone hacking should be headed by a non-Masonic judge; if one could be found.

In April 1985, following another Masonic scandal, the then Commissioner of the Metropolitan Police, Sir Kenneth Newman, told his officers not to join the Masons and cautioned those who were members to quit. Newman said this was necessary if his men were to enjoy the confidence of the public.

Cocking a snook at Newman in 1986 the Metropolitan Grand Lodge of London consecrated a new lodge for the exclusive use of Met officers. The lodge number 9,179 is known as the Manor of St James and is one of 1,600 Masonic lodges in London.

In my experience, freemasonry, the very antithesis of meritocracy, may go some way towards explaining the corruption and incompetence of the Met officers, as well as the cosy relationship between the Met, government and News International.

Masonic membership declarations of those taking part in the Leveson Inquiry are essential if the probe is to have the confidence of the public.

Tom Minogue, Dunfermline, Fife

Friday, July 22, 2011

Who was paid to release the Gail Sheridan interview tape ? Answers on an email to Scottish Law Reporter

If current rumours are anything to go by, and we here at Scottish Law Reporter have heard some very odd things recently, the headline says it all. What is certainly known is the Gail Sheridan interview tape was leaked maliciously and not for free.

Anyone with information on how this tape came to be in the public domain, along with info on exactly who received how much money for it and from whom, please contact Scottish Law Reporter before the usual Scottish ‘snow job’ enquiry buries the evidence. Just remember folks, it could happen to you next.

Made available for a lot more than 30 pieces of silver, according to rumours. Info please to scottishlawreporter@gmail.com

Thursday, July 07, 2011

Ian Hamilton QC : Scotland’s record on Human Rights appalling, ex Lord Advocate & Justice Secretary to blame, Scots justice system is defective

Anyone in Scotland who has interacted with the Scots justice system and its many tentacles, be it in civil law, or criminal law, will have experienced some of the many defects in what even one of our top judges describe himself as a “Victorian” justice system unfit for purpose. Last night, Ian Hamilton QC gave his thoughts on Scotland’s defective justice system to BBC Newsnight Scotland, and blamed former Lord Advocate, now Dame Elish Angiolini and Scotland’s current Justice Secretary, Kenny MacAskill as being to blame for Scotland’s poor record on Human Rights laws.

Ian Hamilton QC speaks on Scotland, independence, the legal system and the Scots justice system’s appalling record on Human Rights since devolution.


Among the many topics discussed in the interview comes the controversial Supreme Court ruling on the Cadder v HMA, where it took the London based Supreme Court to give Scots the right to legal advice while being questioned by the Police.

Mr Hamilton went onto discuss the case of Gail Sheridan being interviewed by Lothian & Borders Police in connection with charges against the Sheridans for perjury in the Sheridan v News International case. Hamilton said Gail Sheridan took legal advice, said nothing in the interview and was accused of being tutored by terrorists. Hamilton went onto say : “The Police Officer interviewing Gail Sheridan should have been sacked.”.

The leak of the Gail Sheridan Police interview video tapes has been pursued by various publications although the individual who leaked the video has not yet been identified. Some sections of the interview, in which Mrs Sheridan is accused of being associated with terrorists, have been branded as examples of sectarianism within Scotland’s justice system. A section of the Police interview with Gail Sheridan can be viewed online HERE

It was put to Ian Hamilton it was wrong for the Supreme Court in Britain to be involved in the issue (in relation to its ruling in the Nat Fraser case), Mr Hamilton responded by saying the issue is defects in the Scottish justice system and that Alex Salmond was wrong there (in connection with his criticisms of the Supreme Court). Hamiltion claimed “The administration of justice has not yet caught up with devolution.”

Hamilton went onto say : “I would have an independent advocate as lord advocate and i would have a real tough in as justice minister, citing Alex Neil as a good candidate. Hamilton went onto say : “We need a different view on our minister of justice, only 4 % of the legal profession think MacAskill should keep his job. “Really Kenny MacAskill has got a solicitors mind to what is a statesman’s problem.”

Scottish Labour also came in for criticism along with the Conservatives & LibDems as being ineffective opposition parties in the Scottish Parliament to the SNP’s ‘overwhelming majority’.