The Scots Independent Newspaper Online

The man threatening to
destroy Scotland’s independent courts

Neil Forbes Davidson – or Baron Davidson of Glen Clova QC, to give him his full title – is not someone who seeks publicity. Until a few weeks ago he was probably the least visible of Westminster Government ministers, with only political anoraks even aware of his existence. The same can be said for the ministerial post he occupies: Advocate General for Scotland.

Trawling the internet for information on the Scottish Lord Advocate, Elish Angiolini, or her predecessor, Colin Boyd, reveals a wealth of personal detail such as family background, career highlights and reflections on the nature of the job. Nothing equivalent can be found for Neil Davidson, only the universities he attended, the fact that he is both a Scottish advocate and an English barrister (a member of Lord Derry Irvine’s chambers) and his having been Solicitor General for Scotland between February 2000 and November 2001.

This low profile also seems to apply to his political activity. That he was a major contributor to Wendy Alexander’s leadership non-campaign shows that he is a committed Labour supporter rather than a technocrat. The fact that his contribution was £5 short of the £1000 limit beyond which donations must be declared shows he was less than keen on his munificence becoming public knowledge.

These best-laid plans went agley with the Wendygate scandal, although the focus of media attention on his fellow donors Paul Green and Lord Elder meant that little was made of Davidson’s role in the affair. Nonetheless his relative anonymity was ended. For the first time, to my knowledge, his picture appeared in the press and on television.

So at least there was a face to be put on the Advocate General when he made this week’s dramatic intervention in the Lockerbie bombing appeal process. By having the UK Government sign a public immunity certificate on the key piece of evidence likely to establish the innocence of Abdelbaset Ali Mohmed al-Megrahi, the so-called “Lockerbie bomber”, Baron Davidson has not only made what the Sunday Herald main editorial this week calls “a mockery of justice” but also undermined the office of the Lord Advocate and the centuries-old independence of the Scottish courts.

How is it possible for some minor UK minister, whom nobody had even heard of prior to Wendygate, to overrule the head of the Scottish justice system? In theory nobody, not even the First Minister or the UK Prime Minister, should be able to reverse the judgements of the Lord Advocate.

The answer, as with so many of the anomalies of devolution, lies in the Scotland Act. In addition to establishing the Scottish Parliament the Act also established the new post of Advocate General for Scotland within the UK Government. The short job description usually applied to this Whitehall-based post gives the impression that the main task of the Advocate General is to advise UK Government departments how to make legislation compatible with Scots law where necessary. While this seems perfectly reasonable in theory, in practice the present incumbent does not seem to be wholly successful in making Whitehall aware of the Scottish legal dimension, to judge by the fiasco surrounding the Home Office’s Counter-Terrorism Bill.

Less attention, however, is given to the other functions of the post. These include being part of the troika of senior law officers, the others being the Attorney General and the Solicitor General for England and Wales, providing legal opinion to the Westminster Government on such matters as human rights, European and constitutional law. Prior to devolution this role was performed by the Lord Advocate, who is now excluded from such discussions. This means that there is no longer any direct input to these consultations from the actual practitioners of the justice system in Scotland. In a sense the office of Lord Advocate has been divided in two, to everybody’s loss.

A further task of the Advocate General is rather more sinister. It involves a form of supervision of all Scottish Parliament legislation with a view to deciding whether it is “competent” within the devolved powers. Presumably the Lord Advocate advises the Scottish Government whether proposed legislation is within the Parliament’s powers. If the Advocate General disagrees, however, he can effectively overrule her and refer the matter to the Judicial Committee of the Privy Council.

The final main function of the Advocate General is possibly the most bizarre: “acting for UK Ministers in court cases in Scotland”. In other words instead of representing Scottish interests in Westminster he does the opposite. It is in this guise that Baron Davidson has intervened in the Lockerbie appeal case, ostensibly at the behest of UK Foreign Minister David Milliband. (The Guardian actually described Davidson as “the foreign secretary’s lawyer”.)

It is difficult to avoid the conclusion that Neil Davidson’s real mission is to undermine, diminish and delegitimise Scotland’s independent court system. His office constitutes a poison pill at the heart of the devolution settlement.

Do we really want Berwick back?

The much-hyped story of Berwick-on-Tweed wanting to rejoin Scotland has a whiff of silly-season posturing. Dubious polls, based on wildly slanted questions, create an atmosphere more reminiscent of reality TV than of a serious political debate.

It may seem all like good fun but there is there is likely to be a bitter after-taste. There is virtually no chance that Berwickers will choose (even in the unlikely event they were offered a choice) to renounce their proudly English identity and join Scotland. It would be rather shameful if they did make such a choice on the basis of a perception (in many cases a misperception) of radically better public services north of the border rather than any enthusiasm to be part of the Scottish commonweal.

What will remain will be a lingering belief that the Scots are feather-bedded subsidy junkies and accompanying resentment. To achieve a smooth and hassle-free transition to independence we need to foster goodwill with our English neighbours and, above all, to avoid any move that might be construed as humiliating them. Despite the very special historical position of Berwick any idea that Scotland is trying to annex or incorporate English territory would, quite understandably, raise hackles.

Instead of preparing plans to transfer Berwick to Scottish administration the Scottish Government might be better advised to approach the English authorities, national and local, to discuss how the town can prosper as a unique community bridging the two nations and as an example of how ancient rivalries (and let us remember that the town’s history is appallingly brutal) can be set aside in a new atmosphere of mutual respect.

Read Christina McKelvie MSP's Weekly Diary

Scottish Ministers urged to back Scots bravery medal

Individuals in Scotland who undertake acts of supreme bravery should be formally recognised by the nation and awarded a special St. Andrews Medal for gallantry according to a senior SNP MSP. Christine Grahame MSP has tabled a motion urging Scottish Ministers to introduce an award similar to Westminster’s George Medal that was introduced in 1940 for acts of extraordinary bravery carried out by civilians. Ms Grahame said:

Christine Grahame MSP “At the moment the Scottish Government has no mechanism to formally honour and recognise acts of great bravery by its citizens. It is virtually the only government on the planet that does not issue medals for bravery to its own people and given we have had some recent high profile examples of such acts of heroism it is time we remedied the situation and properly recognised these outstanding individuals.

“Whilst I accept that the current George Medal is available to people throughout the UK, it is clearly a very Anglo-centric award that takes no account of Scotland’s long and well established tradition of bravery, both in civilian life and in the role performed by Scots service personnel over the centuries.

“The British George Medal depicts Saint George of England slaying a mythical dragon, a representation that remains quintessentially English.

“There is nothing wrong with that of course, but clearly the Scottish Government will, I am sure, be keen to commission an award that reflects Scotland’s own national character in a manner that is more fitting for those who receive the medal.”

HUDGHTON MEP CALLS FOR FISHERIES REFORM

Speaking at an international conference in Peterhead on Control and Compliance within Fisheries Management, SNP President Ian Hudghton MEP gave a view from the European Parliament. He called for improvement to the "fundamentally flawed" management regime and expressed the hope that the pioneering role being played by the Scottish Government and fishing industry, through the voluntary real time closure scheme, would lead to real local control of fisheries in the future.

Ian Hudghton MEP Mr. Hudghton said:

"Clearly it is necessary that in order for any fisheries management system to be effective it must be adequately inspected and controlled, but control and inspection will not however do anything to improve a management system which is fundamentally flawed.

"The EU has begun to recognise that the CFP has failed during the course of its lifetime, and this has already led to tentative moves away from an over-centralised approach. The formation of RACs acknowledges the importance of stakeholder input at a zonal level, and the December 2007 Fisheries Council accepted that the Scottish Government could play a vital role in Scotland's fisheries management.

"Accordingly, the Commission's proposals for improved control should follow this less centralised approach - and should take account of recent regional/national policy developments. They should also be adequately prepared for possible future developments such as Regional Management Councils and, ultimately, real local control.

"The fishing industry must have a sense of ownership of the resource, and have guarantees that they themselves will benefit in the long term from the implementation of stock conservation measures. This has not been happening within the CFP to date."

ROBERTSON COMMENTS AFTER FISHERIES AMENDMENT VOTE

An SNP amendment to the European Union (Amendment) Bill that would return responsibility for fisheries and marine conservation to national control, was defeated on Tuesday evening after a debate in the House of Commons. The amendment secured the cross-party backing of 175 MPs.

The UK Government agreed to the Lisbon Treaty without seeking any changes to the text which enshrines fisheries in the EU Reform Treaty as an ‘exclusive competence’. National control of fisheries is a ‘red line’ issue for the Scottish Government.

Angus Robertson MP SNP Westminster leader, Angus Robertson MP, who is a member of the European Scrutiny Committee, said:

“Labour MPs have added insult to injury by voting against the restoration of national control, and fishing communities will be outraged.

“This was an opportunity to ditch the disastrous CFP, but, as usual, Labour failed to stand up for the national interest and safeguard the future of one of our oldest and greatest industries.

“First Gordon Brown failed to ensure that fisheries was a red line issue when the Lisbon Treaty was negotiated, and now Labour MPs have shown that the Westminster Government still views fishing as ‘expendable’ just as the Heath Government did in 1970.

“Thank goodness in Scotland we have a Fisheries Secretary in Richard Lochhead who has worked without fear or favour over the last year to secure the best deal for Scottish fishing in a generation within the limitation of the CFP.

“The Scottish Government’s action shows how we can secure a sound and sustainable future for fishing, but essential to that future remains ditching the discredited CFP.

Commenting on the Liberal Democrats abstention from the vote, and in particular the absence of Alistair Carmichael MP, the Liberal Democrats spokesperson on Scotland, who has in the past been a vocal opponent of the CFP, Mr Robertson said:

“Given the Liberals shenanigans earlier in the day, it is hardly surprising that they failed to keep faith with the fishing communities of Scotland and have abstained on this vital amendment. This simply underlines their irrelevance north and south of the border.

“Alistair Carmichael in particular, will have some serious explaining to do when he head back to his constituency.”

SNP DELIVERING CHEAPER FERRIES FOR THE ISLANDS

Angus MacNeil and Alasdair Allan, MP and MSP for Na h-Eileanan an Iar, have welcomed the news that the SNP Government is to slash the cost of ferry tickets by as much as half on many routes, with huge savings to passengers, cars, freight and tourist traffic.

The Road Equivalent Tariff (RET) is to take effect on all routes from the Western Isles to the mainland (including routes via Skye) from October.

Angus MacNeil MP Commenting SNP MP Angus MacNeil said:

"I am glad to see the new SNP government are delivering on their pledge to introduce RET.

"A 30 month pilot project is a real big deal. The islands now have a great economic opportunity. Anybody considering relocating business to the islands will find that there is no time like the present.

"I have been keenly writing and calling for this for at least 8 years now, even before I got into active politics. Therefore, I have to say that I am very proud of these steps by the SNP government.

"What a sharp contrast this is to Government by Labour with LibDem Transport Ministers who failed to cut ferry prices and refused to look at RET. This is a great start and they should consider how it can be extended rather than carping from the wilderness."

Western Isles SNP MSP Alasdair Allan said:

Alasdair Allan MSP "People have been waiting for RET in the islands for the best part of 40 years. In all that time they have been paying far more per mile to travel than virtually anywhere in Scotland, creating a real economic disadvantage for the Western Isles.

"Now we know the waiting will finally be over later this year. This is the biggest transformation of island transport services in a generation and will have, I believe, immediate benefits for businesses, tourism, and shops, as well as individual islanders.

"I am also happy that the Government have listened to calls made by both myself, and my colleague Angus MacNeil MP, that the RET pilot should include all ferry routes from the Western Isles to the mainland.

"This measure will see every community in the Isles and visitors to the isles benefit from slashed ferry fares, with no mainland ferry route excluded. It took a change of government to achieve it, but fairer fares are becoming a reality in the islands."

DEMAND FOR ANSWERS ON SCOTTISH RENDITION CLAIMS

SNP MSP for Central Scotland Jamie Hepburn has written to Justice Secretary Kenny MacAskill asking what assurances he has been given by the UK Government that extraordinary rendition flights have not used Scottish airports.

Mr Hepburn has also asked to know the basis of any assurances given by the UK Government. His request follows the announcement by UK Foreign Secretary David Miliband that extraordinary rendition flights have landed on the UK Territory of Diego Garcia.

Jamie Hepburn has previously been in touch with Mr MacAskill, the Lord Advocate and Strathclyde Police regarding investigations into the use of Prestwick airport.

Jamie Hepburn MSP Mr Hepburn said;

"The UK Government has spent years assuring people that no extraordinary rendition flights landed in Scotland, despite much evidence suggesting otherwise.

"In light of this week's announcement that flights did land on British Territory those assurances are worthless.

"The UK Labour Government's credibility on this issue, what little it had, has been blown.

"The previous Labour led Scottish Executive was adamant there was nothing to look at and nothing to investigate. I cannot believe that.

"This admission by David Miliband undermines all prior assurances from the UK government that extraordinary rendition has not been facilitated through Scotland or any British territory. I welcome Mr Miliband's assurance that previous flights that were suspected of involvement will be looked at again, but we cannot just rely on asking America to confirm or deny whether these flights were involved in extraordinary rendition."

"I want to know exactly what the UK Government has said to Scottish authorities and how they were able to give those assurances as there can be no confidence in the word of the US Government on this issue.

"If the US misled the Government over Diego Garcia what else have they misled them on.

"I am outraged at the idea that agencies of the United States government might have used Scotland to facilitate flights of individuals to other countries where they may have been tortured.

"The Justice Secretary has acted positively so far on this issue. I hope he is able to provide get the answers we need from the UK Government to have any confidence that people are not being taken to torture via Scottish airports.”