Edinburgh City Council property repairs scandal was used by law firms to threaten, pressure householders into selling up expensive homes ‘on the cheap’

Edinburgh property repairs scandal was used by solicitors in attempt to gain homes on the cheap. THE SCANDAL involving Statutory Repair Notices issued by officials at Edinburgh City Council requiring householders to undertake unnecessary and expensive building work to properties in Scotland’s capital was used as a cover by several big name Scots law firms in an attempt to persuade or pressurise householders into selling their properties on the cheap, claim some victims who have been forced to the brink of financial ruin.

Documents handed to Scottish Law Reporter this week contain complaints made against the conduct of several ‘leading’ solicitors and their law firms, yet curiously those who have alleged misconduct on the part of solicitors or have formally complained against members of the legal profession have had their claims cold shouldered by regulators and the authorities.

It transpires at least three of the law firms identified in the documents have, and continue to provide Edinburgh City Council with legal services. It is also of note several of the law firms named in the claims who are thought to have profited from the property repairs scandal are known to contain family members & relatives of senior members of Scotland’s judiciary. One of the victims has told Scottish Law Reporter he believes there is a direct link to harassment he received regarding a property repair notice, and a family member of a Scottish judge who owns a property nearby.

Homeowners have provided examples of ‘harassing letters’ from solicitors urging owners to sell their properties “before the repair bills exceeded the values of you property in this downward market” while others have offered evidence including video recordings showing they were subjected to visits from Sheriff officers who claimed to have papers seizing properties in the name of recovering debts associated with the repair bills.

It has also emerged that several elderly property owners, predominantly elderly widows were sent letters by law firms warning of the use of Statutory Repair Notices on their properties which could amount to hundreds of thousands of pounds, with a follow up letter offering “several options available to you including relocation should you feel any offers made to you to be appropriate”. Law firms who sent these letters, also apparently offered to carry out any necessary legal work for free on the prospect of a property transaction taking place.

Amazingly, no one has been charged with corruption in the repairs scandal at Edinburgh City Council, a decision branded by victims of the scandal as “a cover up & failure by Scotland’s Crown Office”, however 15 people have been charged in a separate inquiry into the council's property repairs department.

It has already been reported that in the initial property conservation department investigation, Lothian & Borders Police found no evidence of any criminal wrongdoing. So far 11 employees across the property service have been dismissed and six are suspended pending disciplinary action by Edinburgh City Council.

Edinburgh City Council uses statutory notices to ensure essential repairs are carried out on its historic tenements. Under the system, the council can intervene to organise repair work on private properties when the owners of shared buildings cannot reach agreement.However, Edinburgh City Council is up to £40m out of pocket due to the problems in the department.Detectives were also called in to investigate claims of fraud, bribery and corruption. However, the case has now been dropped after a report passed to the Crown Office recommended that no further action was to be taken.

In November 2012, a Crown Office spokesman said: "There will be no criminal charges in respect of allegations of fraud involving the property conservation department of the council. However, we would like to make it clear that investigations are ongoing in relation to allegations of criminality concerning the property care services department of the City of Edinburgh Council. Once these allegations are completed, a decision will be taken on whether or not proceedings should be raised."

Also, during November 2012, the director of city development, Dave Anderson, resigned before a disciplinary inquiry into his management of the department was completed.

BBC News also reported last November that Gordon Murdie, of Quantus quantity surveyors, who has more than 200 clients who have been affected by the property repairs controversy, said: "This decision has opened the flood gates.We will be pursuing the council to force them, enable them and assist them to do what they ought to have been doing for many years now, which is to resolve the people's cases.The cost to Edinburgh is almost immeasurable, it will certainly be more than £200m."

Mr Aitken said: "I'm shocked and deeply saddened. A huge injustice has been perpetrated not just on the owners but on the people of Edinburgh.I personally have seen evidence of substandard materials being overcharged for, of collusion over changing rates during the tendering process and businesses getting tenders they should not have got because they were outside the procured process. This is outrageous and I would call on the the council to reopen that investigation."

Aline McMillan, a Shandon resident affected by the repairs controversy, said she had worked hard all her life to look after her home and it was left in a "state". "Nobody cares. I've got to prove that this was the council," she said. I've got a whole box of paperwork and photos before and after but I would just like somebody to listen.There are people older than me who must be really, really depressed because living in the dark is bad enough but having nobody listening to you is shocking."

Currently, Edinburgh City Council is trying to secure assurances from the Crown Office there will be no further criminal action taken by prosecutors over the statutory repairs scandal after the council’s governance, risk and best value committee agreed to the move after being quizzed during a closed meeting over Police Scotland’s handling of the case.

A spokesperson for the Crown Office declined to comment on whether any law firms would be investigated over allegations already reported to the authorities.

The Law Society of Scotland refused to comment on the allegations.

Gun numbers up yet Firearms Certificates in Scotland at lowest number for 10 years says Scottish Government

Scotland’s Chief Statistician today published Firearm Certificate Statistics, Scotland, 2012. The bulletin presents statistics on the number of firearm and shotgun certificates on issue in Scotland at the end of 2012, along with the number of weapons held on certificate.
The main findings are:

• There were 25,702 firearm certificates on issue at the end of 2012, a decrease of less than one per cent on the previous year, and the lowest number in the last 10 years.
• The number of firearms held on certificate in 2012 was 72,005, an increase of less than one per cent from 2011. The average number of firearms held on each certificate issued has increased in the last 10 years from 2.3 in 2003 to 2.8 in 2012.
• There were 48,168 shotgun certificates on issue at the end of 2012, a decrease of one per cent from 2011, and the lowest number in the last 10 years.
• The number of shotguns held on certificate in 2012 was 141,569, an increase of two per cent since 2011. The average number of shotguns held on each certificate issued has increased in the last 10 years from 2.4 in 2003 to 2.9 in 2012.
• There were 353 registered firearm dealers in Scotland at the end of 2012, an increase of two per cent from the 346 registered dealers in 2011.

1. The full statistical publication can be accessed here.

2. Amendments to firearm regulations in January 1995 increased the validity period of firearm and shotgun certificates from three to five years. This effectively meant that there were no certificate renewals in either 1998 or 1999 and this in turn has had a cyclical effect of increasing the number of certificate renewals, cancellations and certificates on issue in certain years, whilst reducing the number in the intervening years.

3. Since 1997, various changes have been made to firearms legislation to enhance public safety:

* Section 31 of the Violent Crime Reduction Act 2006 required businesses that sell air weapons to register with the police as firearm dealers. The section was brought into place in two stages: businesses were able to apply for registration from 6 April 2007 and the offence of not being registered came into effect on 1 October 2007.
* Under the Firearms (Amendment) Act 1997 and Firearms (Amendment) (No. 2) Act 1997, all pistols - otherwise referred to as “handguns” - were banned. A number of types of handgun were exempted from the Act including muzzle-loading guns, shot pistols, slaughtering instruments, firearms used for the humane killing of animals, trophies of war etc.

4. Further information on Crime and Justice statistics within Scotland can be accessed here.

5. Official statistics are produced by professionally independent statistical staff – more information on the standards of official statistics in Scotland can be accessed here.

For an emailed copy of the publication, please contact Tommy Whigham at Tommy.Whigham@Scotland.gsi.gov.uk.

Media Contact: Holly Gilfether: 0131-244-2718

Solicitor William Murray Wood appointed as £130K a year floating Sheriff of Tayside, Central & Fife

Solicitor William Murray Wood has been appointed as a floating sheriff of Tayside, Central and Fife by Her Majesty the Queen. First Minister Alex Salmond nominated Mr Wood for appointment on the basis of a report by the independent Judicial Appointments Board.

Mr Wood will take up his appointment, based at Stirling, on 17 June 2013.

Mr Wood graduated from the University of Aberdeen in 1985. Following a spell as an officer in The Gordon Highlanders, he trained with MacNeill & Critchley and he was admitted as a solicitor in 1991. Thereafter, he pursued a general court practice and he was a partner with J Watson Scott & Co. Mr Wood became a Part-time Immigration Judge in 2001 and, among other judicial appointments, sits as a Deputy Judge of the Upper Tribunal (Immigration and Asylum Chamber) and as a Part-time Sheriff.

The salary of a sheriff is £129,579 per annum.

The Judicial Appointments Board for Scotland was established by Ministers in 2002 and it became an independent advisory non-departmental public body on 1^st June 2009. The board has statutory responsibilities under the Judiciary and Courts (Scotland) Act 2008. The board’s role is to recommend for appointment to the office of judge, sheriff principal, sheriff and part-time sheriff.  The First Minister retains the statutory responsibility for making nominations to Her Majesty the Queen.  The First Minister is required by statute to consult the Lord President of the Court of Session before making his nomination to Her Majesty.

Magic Circle Scandal Solicitor David Blair Wilson sentenced to 4 years for smuggling drugs & mobile phones into jail

Solicitor David Blair Wilson sentenced to four years for smuggling drugs into jail. DAVID BLAIR WILSON, a crooked solicitor well known for his part in the Magic Circle affair which exposed a sex-for-justice scandal involving liaisons between rent boys and the most senior members of Scotland’s judiciary & Crown Office, was sentenced yesterday to four years in jail for attempting to smuggle drugs and mobile phones into Saughton Prison during October 2011.

Blair Wilson, 55, of 46 Edgar Street, Dunfermline, was found guilty at the High Court in Edinburgh last month after a six day jury trial which heard the solicitor attempt to blame a younger male friend, identified as Steven Douglas who Blair Wilson told the jury was a drug dealer and who regarded Blair Wilson as a “surrogate dad”.

The trial saw dramatic CCTV footage of plain clothes police officers blocking any attempt by Blair Wilson to drive away in his silver hatchback after making an exit from prison buildings. Police then led him away in handcuffs.A search of the solicitor’s car uncovered mobile phones, diazepam tablets - worth up to £2800 at inflated prison prices, and cannabis resin with a prison value of £4000 along with other contraband items.

Passing sentence, Judge Lord Jones said: "The illegal drugs were intended for onward supply within the prison. The misuse of drugs in prison is a well-recognised problem to which you were intent on contributing.You knew that as a solicitor visiting a client in prison you were in a privileged position. You cynically abused the privilege you had been given and abused the trust placed in you." The judge added that the smuggling attempt was a well-planned operation.

Defence advocate Susan Duff, asking for leniency, paid tribute to Blair Wilson as a solicitor. She told the court : "He has had a long and successful career in the law, a career built on hard work and a deeply committed attitude of care for his clients … He always tried to ensure that those caught up in the criminal justice system felt they had been treated fairly…”

Susan Duff added: "Blair Wilson was a man for whom nothing was too much trouble.Now he knew he would never work again in that profession.He accepts your lordship must impose a custodial sentence and it is difficult to look to the end of that sentence. His life, as he knew it, came to an end on October 6 2011."

The trial heard of a bizarre triangle involving the solicitor, a heroin-addicted drug dealer he befriended more than a decade ago when he was a homeless teenager and a samurai-sword wielding thug. It was also evidence that detectives had been waiting to ambush Blair Wilson as he came out of Saughton Prison, but nothing was said during the trial about what, or who, had prompted their suspicions. On the day he was caught the solicitor had arranged to visit Lee Brown, 35, who told the trial he was serving a total of 18.5 years - a sentence for attempted murder dating back to 2004 with "a few bits and bobs" added since then.

CCTV footage showed Blair Wilson arriving at the Saughton jail carrying a bulging folder which contained the drugs, steamed into pages of A4 paper. Prison officer Graham Robertson, 25, described how he checked Blair Wilson's ID and his colleague told the solicitor his folder had to be scanned. Mr Robertson said : "He became quite anxious looking, began to sort of fidget. His body language changed slightly,"

Blair Wilson returned, briefly, to his car then came back into the prison vestibule.This time his file was noticeably thinner.In the witness box, Blair Wilson said the suspect packages, the contents masked by white paper inside heat-sealed laminated envelopes,were nothing to do with him.

He said Steven Douglas, the youth he had befriended who regarded him as a mentor and surrogate dad must have put them under the driver's seat when he borrowed the car the previous evening. There were 19 fingerprints on the packages which matched those of Mr Douglas. Not a single one matched Blair Wilson's prints. Mr Douglas should have appeared as a witness, but when asked where he was, Blair Wilson replied: "I wish I knew."

A jury's majority verdict convicted Blair Wilson of attempting to smuggle three mobile phones, three SIM cards along with two chargers and two earphones into the jail. He was also found guilty, by majority, of being concerned in the supply of cannabis resin, diazepam and body-building drugs, in particular to Lee Brown. During the trial, charges of breaching the Prisons (Scotland) Act by introducing drugs into the jail were dropped.

Today, Lord Jones said he was taking into account Blair Wilson was a first offender who also suffered from serious health problems. The judge added "Whilst I take these matters into consideration, it has to be recognised that you chose to commit these offences and did this with your eyes open, knowing what the risks were and the consequences if you were caught."

Philip Yelland, Head of Regulation at the Law Society of Scotland. Reacting to the sentencing of Blair Wilson, the Law Society of Scotland’s Director of Regulation, Philip Yelland, issued a Press Release & comment stating : Former solicitor, David Blair-Wilson was today, Friday 17 May, sentenced to four  years in prison at Edinburgh High Court. The length of sentence means that he faces automatic prosecution before the Scottish Solicitors Discipline Tribunal. Mr Blair-Wilson has not held a practicing certificate which would allow him to work as a solicitor since October 2011.

In the job for 23 years too long, Mr Yelland, commented : "Solicitors are expected to maintain the highest standards both in their professional and personal lives. They are bound by rules including rules about their conduct, and serious criminal convictions are a breach of these rules. We will get official notice of the sentence from the authorities, which will allow us to raise a formal complaint which enables us to take a prosecution to the independent Scottish Solicitors Discipline Tribunal."

Sex for justice scandal involved Scottish Judges & male hookers, forced resignation of Lord Dervaird while others escaped. Scottish Law Reporter has featured coverage of the Magic Circle in earlier article HERE and also featured a report on the former Lord Advocate now Dame Elish Angiolini DBE QC (born McPhilomy) key role in what was known at the time as Operation Planet, the drive to catch crooked judges & prosecutors who were swapping boys for favours in Scottish Courts, HERE

Lord Nimmo Smith QC’s REPORT ON MAGIC CIRCLE GAY JUSTICE SCANDAL, widely regarded by many as a whitewash of the corruption in the Scottish judiciary, identifies Dame Elish Angiolini who worked at the Crown Office at the time as a Senior Legal Assistant, under her maiden mane of Elish McPhilomy. It was clear from subsequent discussions, the report played a heavy part in formulating Crown Office policy on the prosecution of judges, lawyers & other members of the legal profession who were engaging in the illegal sex acts with other men & under age boys.

Shame for Crown Office & Lord Advocate as former Procurator Fiscal Stuart MacFarlane admits downloading child porn, added to sex offenders register

Silence from Crown Office after former prosecutor admits downloading child porn A  FORMER PROCURATOR FISCAL DEPUTE who served under ex-Lord Advocate now Dame Elish Angiolini DBE QC (born McPhilomy) at Scotland’s Crown Office & Procurator Fiscal Service (COPFS) is facing a possible custodial sentence after he ADMITTED downloading indecent images of children. Scottish Law Reporter earlier reported on the case in January of this year HERE

Stuart MacFarlane (45) from Glasgow was caught with at least 15,000 images of child pornography on computer equipment at his home after Police succeeded in gaining a search warrant to raid his premises and seize computer equipment.

Images seized by Police showed acts of a sexual nature against minors, and also pictures of sexual acts with animals. However, despite the severity of evidence seized, and the ex Procurator Fiscal’s admitting to downloading the material, sentence on MacFarlane was deferred at Paisley Sheriff Court although his name was placed on the sex offenders register.

The current Lord Advocate, Frank Mulholland, and the Crown Office have issued no statement or comment on the case and MacFarlane’s admission to downloading child porn and no details have yet been made public on how the admitted paedophile obtained the material or from whom. However, a Police source has said further action related to the case could follow.

A legal insider at COPFS has come forward this afternoon and told Scottish Law Reporter there have been other cases swept under the carpet of prosecutors, staff and former members of COPFS staff who were also found to be in possession of inappropriate images of children.

It is thought current & former COPFS staff thought to be involved in activities similar to MacFarlane have accessed such images through contact with online paedophile rings and in one worrying case, it has been revealed that evidence seized by Police in one case, was found on personal computer equipment of another prosecutor who has since stood down from his position yet has not faced criminal charges.

The now shamed ex Procurator Fiscal Stuart MacFarlane escaped prosecution for earlier charges of indecency with a prostitute while serving under Lord Advocate Elish Angiolini, the Crown Office claiming at the time “it was not in the public interest” to prosecute the former prosecutor who has now admitted to being a paedophile.

Daily Mail newspaper reports the story :

Disgraced fiscal faces prison over child porn

Daily Mail Reporter

A FORMER depute fiscal whose career was overshad­owed by reports he had sex with a prostitute is facing jail after admitting downloading indecent images of children.

Father-of-two Stuart Macfar­lane, 45, spent hours hidden away from his family in a garden hut kept for his exclusive use.

When detectives raided the property in Eaglesham, Renfrew­shire, last December, they went to the shed on which there was a plaque saying 'Dad's Den'.

They seized two laptops, one of which had an external storage device, and took them away for forensic examination.

Paisley Sheriff Court was told Macfarlane was detained and questioned after being medically examined, as it was known he had previously claimed to be suffering from post traumatic stress disor­der after Iraq War service as a Territorial Army captain.

Procurator fiscal Laura McPherson said almost 15,000 still images were found on the computer equipment. The majority were of children in erotic poses.

Others involved sexual activity between children and adults, sadism and bestiality. There were also 184 moving images showing sexual activity involving children or children and adults.

Deferring sentence for reports, Sheriff James Spy warned him: 'The court must be considering the question of custody.'

The heard that Macfarlane, whose address was given as Mount Florida, Glasgow, is cur­rently employed as a contractor in Afghanistan.

BBC News also reported on the case here :

Ex-prosecutor Stuart MacFarlane had indecent images

A former prosecutor is facing a prison term after he admitted downloading indecent images of children. Stuart MacFarlane, 45, from Glasgow, was caught with almost 15,000 images at his former family home in Eaglesham, East Renfrewshire, on 28 December 2012. Sentence on MacFarlane was deferred at Paisley Sheriff Court and his name was placed on the sex offenders' register.

A case against the ex-depute procurator fiscal, after he was allegedly caught with a prostitute, was dropped in 2006.

The court heard how police, acting under a search warrant, searched MacFarlane's then family home at the end of last year. They seized two laptops and an external hard drive from an outside shed, which had a plaque outside stating "Dad's Den".

After the computer equipment had been fully analysed, it was discovered that there were almost 15,000 still images. Some showed children posing alone, others showed sexual activity between children and adults, while others featured an animal. The girls involved in the images are thought to have ranged from three to 14 years of age.

MacFarlane, who now lives in Mount Florida, Glasgow, later admitted downloading the images between March and December last yea

BBC News reported on the earlier case involving dropped charges against MacFarlane, here : Fiscal indecency charge dropped

The case against a prosecutor allegedly caught with a prostitute has been dropped because "it was not in the public interest" to proceed to trial.

Stuart MacFarlane, 37, a principal procurator fiscal depute in Glasgow, was arrested after a police function. He faced indecency and resisting arrest charges and resigned from the Crown Office earlier this month. Glasgow Sheriff Court heard the case would not proceed after "changes to his situation and medical reports".

It was alleged that Mr MacFarlane and Joanna Crane, 27, had been caught by police while she was performing a sex act on him. The offences were alleged to have taken place in Bothwell Street on 29 October.

David Spiers, procurator fiscal at Hamilton, told Glasgow Sheriff Court: "Mr MacFarlane's lawyer has advised of changes in his situation. "Considering this and specialist medical reports it would not be in the public interest to proceed further with this case."

The charge against Ms Crane was also dropped. She had pleaded not guilty to committing an offence of public indecency by engaging in a sexual act in a public place.

Mr McFarlane, who lives near Eaglesham, had not tendered a plea.

Police called in to investigate DWF Biggart Baillie’s Banking & Finance head solicitor Grant Docherty, fined £7.5K by Discipline Tribunal over ‘crazed’ threats made to client

Top Banking specialist lawyer Grant Docherty found guilty of threatening client. SOLICITOR GRANT DOCHERTY, currently the head of Banking & Finance at DWF Biggart Baillie has been found GUILTY of PROFESSIONAL MISCONDUCT and fined £7,500 by the Scottish Solicitors Discipline Tribunal (SSDT) after it emerged Police were called in to investigate threats he made against a client over a cancelled property transaction.

Evidence presented to the SSDT and included in complaints made to the Law Society of Scotland revealed that solicitor Docherty (aged 49), who is currently head of the Banking & Finance team at DWF Biggart Baillie said Robert Rankin would be ripped “to shreds” after failing to come up money for a house purchase. The Discipline Tribunal also heard that Docherty, 49, sent his client a string of abusive texts including one which warned: “I’ll come after you with everything I have.” A further text said: “This is personal. You’re a liar and the worst sort of human being.”

The mountain of threats from Docherty, who is recommended by the Law Society to clients who need legal advice on banking matters, began when a client, a Mr Rankin of Hamilton, revealed he could no longer buy a house in Troon, Ayrshire, from Mr Docherty’s widowed father. Docherty’s colleagues at Biggart Baillie then launched legal action against Rankin. A few days later, Docherty rang the lawyer handling the case.

Acting for the Law Society of Scotland, the Prosecuting Fiscal, Paul Marshall, told a Scottish Solicitor’s Discipline tribunal in Edinburgh: “He said he would rip Robert Rankin to shreds.” Prosecutor Mr Marshall went on to tell the Discipline Tribunal that some of Docherty’s 33 vile messages, which had been sent between December 2010 and January 2011, were seen by the client’s young son. One of the messages said Docherty would “ensure” Robert was “destroyed”.

Docherty only stopped threatening his client, who had been put in a state of fear & alarm by the solicitor’s actions, when Police were called in. Complaints were then made to the Law Society of Scotland who brought the prosecution of Docherty before the Tribunal hearing in April where the solicitor was fined £7,500 after being found guilty of professional misconduct. It was reported the Tribunal chairman Alistair Cockburn said at the hearing : “The expressions used were unfitting of a solicitor.”

However, it has emerged tonight that the Scottish Solicitors Discipline Tribunal have secretly discussed the case with a view to refrain from publishing some of the more threatening texts sent by the solicitor, which a well placed legal insider claims are allegedly of “a violent nature”.

The legal insider said : “The SSDT have a duty to ensure the public be given a true picture of Mr Docherty’s conduct towards his client and this can only be achieved by publishing all the communications from the solicitor to his client in their entirety in the Tribunal’s final report.”

As of this evening, the Scottish Solicitors Discipline Tribunal have suspiciously failed to publish its decision on the prosecution of Docherty which took place nearly a month ago.

No one from the Scottish Solicitors Discipline Tribunal could be contacted for comment, and a spokesperson for the Crown Office & Procurator Fiscal Service told a Scottish Law Reporter journalist they were unable to say whether Mr Docherty was being investigated at this time by themselves or the Police. Neither Docherty or Mr Rankin could be reached for further comment.

Docherty does not mention the incident on his Linkedin page, which states “I am head of the Banking & Finance team at DWF Biggart Baillie. I have built up over 22 years experience in the banking and finance sector working for well known Hong Kong and Scottish commercial law firms during which time I have played a key role in a range of high profile international and cross-border transactions. I trained in Scotland and left the country in 1990 to pursue my career in Hong Kong. Prior to joining Biggart Baillie, I established and led DLA Piper's Banking and Finance team in Hong Kong.”

Docherty, who lists golf, cricket, skiing and travel as his enjoyments, goes on to say : “My practice covers a broad range of banking and finance work, including bilateral and syndicated loans, property finance, asset finance, acquisition finance, project finance, structured finance and securitisation, banking regulation, equipment leasing, banking product development and documentation, bank mergers and acquisitions and debt restructuring. My clients have included banks and financial institutions, leasing companies, corporate borrowers, shipping companies and financial services and banking regulator”

The Scottish Sun newspaper reported on the prosecution of Docherty here : Raging lawyer’s threat over cancelled house deal

Tribunals Bill published by Scottish Government aims to simplify structure of Scotland’s tribunals system

Legislation to create a more user-friendly, simplified structure for Scotland’s tribunals has been published by the Scottish Parliament.

Tribunals are a key part of the legal system, protecting people from potentially unfair treatment in a range of specialist areas such as support for learning, health, land and housing.

However, the current system – which has developed in an ad-hoc and unplanned way over many years – is long overdue for reform.

The Tribunals Bill is designed to create a structure which is more user-friendly, independent and less complex. It will:

• Create a simple two-tier structure for tribunals - a First-tier Tribunal for hearing first decision cases and Upper Tribunal Scotland primarily for appeals from the first-tier
• Bring judicial leadership under the remit of the Lord President
• Create a new office, the President of Scottish Tribunals (PST), with the responsibility for ensuring tribunal business runs effectively and efficiently
• Establish new independent appointment arrangements
• Continue to protect the distinctive nature and culture of each particular jurisdiction.

Minister for Legal Affairs Roseanna Cunningham said: “Tribunals are a central part of our justice system, providing access to justice for some of the most vulnerable people in our society. However the current system is overdue for reform - it has developed over a long time in different ways, with differing leadership structures, appointment processes and ways to appeal.

“The Tribunals Bill is at the very heart of our commitment to improving our justice system, providing vital protection while ensuring people are treated fairly.

“It will establish a streamlined two-tier structure and a new office, the President of Scottish Tribunals, to protect the expertise of each jurisdiction and ensure business runs efficiently.

“By simplifying the tribunals structure and standardising some processes, the Bill will make the system more user-friendly and effective, saving time and resources while retaining the benefits of the current specialised tribunals.”

Dr Donald Lyons, Chief Executive of the Mental Welfare Commission, said: “The Mental Welfare Commission supports the intentions underpinning the Bill. We are particularly pleased that there is a commitment to a dedicated mental health chamber in the first instance and that any future changes to the chamber structure will be subject to consultation. In our view, this will result in continued development of the Mental Health Tribunal’s expertise in a structure that encourages best practice to be shared and developed within and among the different chambers.”

Aileen Devanny, President, Private Rented Housing Panel/ Homeowner Housing Panel said: “This Bill gives recognition to the importance of Scottish tribunals and their role in providing a proportionate and accessible justice system for users. It provides a flexible framework to meet changing demands for legal dispute resolution into the 21st Century, whilst at the same time acknowledging the need to retain the specialism and preserve the distinctiveness of the existing tribunals, such as the Private Rented Housing Panel and the Homeowner Housing Panel. The structure proposed will create an appeal route from chamber decisions to an Upper Tier Tribunal which will have special expertise in the chamber jurisdictions. The Bill provides important guarantees for the independence of the Scottish tribunal judiciary.”

Today’s Bill can be accessed by clicking here.

The legislation follows a consultation by the Scottish Government in spring 2012 on ‘A new tribunal system for Scotland’, which can be accessed by clicking here.

Police Scotland asked to investigate collapsed Scottish bank HBoS for evidence of fraud & corruption after Thames Valley Police charge eight with money laundering, fraud

Police Scotland asked to investigate corruption at HBoS. POLICE SCOLTAND have been asked to investigate Halifax Bank of Scotland (HBOS) now known as Lloyds Banking group, after complaints were lodged with the force by former HBoS shareholder & transparency campaigner, Mr Thomas Minogue. Dunfermline based Mr Minogue, who met officers from Police Scotland recently, is demanding an investigation into any fraud & corruption at the bank in the events preceding the financial crisis.

While there have been little inquiries into corruption at HBOS in Scotland prior to yesterday’s developments, the collapsed bank HBoS has been under investigation by Thames Valley Police as part of “Operation Hornet” which has recently seen eight people charged with criminal offences ranging from money laundering to fraudulent trading and conspiracy to corrupt, following a large-scale investigation into Corruption and other offences originating from the Halifax Bank of Scotland branch in Reading, Berkshire.

The charges in England, reported by Thames Valley Police HERE follow an investigation carried out by the Force’s Economic Crime Unit (ECU), after the case was referred to Thames Valley Police by the Financial Services Authority (FSA) because the alleged offences originated from HBOS’s Impaired Assets team based at Reading.

However, no equivalent investigation has been undertaken by Police in Scotland, prompting concerns Scottish prosecutors at the Crown Office are trying to avoid any major investigation into a well known culture of corruption in Scotland’s banking & financial sector.

Scotland’s Sunday Post newspaper reports further on the developments in an article reprinted below :

POLICE LAUNCH HBOS PROBE

EXCLUSIVE

By Andrew Picken Sunday Post 5 May 2013

A POLICE probe has been launched into the running of Scotland's oldest bank in the build up to the financial crisis.

An angry former HBoS shareholder has lodged a complaint with Police Scotland in the wake of a damning Westminster report that warned a "culture of perilously high-risk lend­ing" at the bank led to its downfall.

Thousands of Scots shareholders were left out of pocket when HBoS collapsed in 2008 before being bailed out by the taxpayer for £20 billion.

Dunfermline-based Thomas Minogue met with senior detectives from the economic crime unit last week to demand an investigation into any fraud or corruption at the bank in the years before its collapse.

It is understood officers will now contact a similar operation in England known as Operation Hornet to see if there any Scottish leads.

The development comes just days after Lib Dem business secretary Vince Cable urged the Crown Office to speed up an investigation into whether any legal action should be taken against those responsible for the near collapse of RBS.

Mr Minogue, who has a small stake in the bank now known as Lloyds Banking Group, said he wanted to make a stand for the "thousands who had shares as a nest egg but have seen this wiped out".

The retired engineering firm owner said: "I find it remarkable that so many years on none of the people in charge of this catastrophe have been held to account.

"Huge mistakes were made and I think the police have a moral duty to establish if any criminality or fraud took place, specifically in the years building up to 2008 when it was clear the rot was setting in.

"There must be thousands of ordi­nary people who have lost their life savings because of this but wouldn't dare complain."

It is understood officers from the Police Scotland economic crime unit will now liaise with colleagues at Thames Valley police which has been conducting a two-year investigation into corruption and other offences originating from an HBoS branch in Reading, Berkshire.

Mr Minogue is also planning to raise the issue at Lloyds Banking Group's AGM later this month in Edinburgh.

He will ask bank bosses to back his call for a police investigation and ask them to preserve all documentation they hold for any such inquiry.

Mr Minogue is also planning on rais­ing the issue of a £12 million "interest free" loan issued to a company owned by the Bank of Scotland's former chief executive and Dunfermline athletic owner Gavin Masterton.

Details of the £12.2m debt — secured against the Fife club's East End Park stadium — show the 71-year-old's company does not have to make a repayment until 2043.

The Parliamentary Commission on Banking Standards last month concluded that "toxic" misjudgements at HBoS, stretching back years, had let to its downfall.

Patrick Harvie MSP, Co-convener of the Scottish Greens, said: "It's bizarre that those who presided over this disaster aren't prevented from working in a sector that they so badly damaged."

It is understood officers from the economic crime unit are now look­ing into the complaint made by Mr Minogue and will take a decision on whether to launch a formal investiga­tion in due course.

A spokeswoman for Police Scotland said: "Officers recently visited Mr Minogue and discussed his concerns."

A spokesman for Lloyds Banking Group pointed out that neither Bank of Scotland nor its parent company is the subject of the Operation Hornet investigation but declined to comment further.