Scottish Law Reporter: January 2012

Monday, January 30, 2012

STATE SECRET ? Investigation reveals First Minister & Scottish Govt “have much to hide” over ‘Dame’ knighthood for ex-Lord Advocate Elish Angiolini

Something to hide about the honour, Mr First Minister ? INFORMATION likely to implicate Scottish Ministers & other figures in the Scottish Government involved in the awarding of ‘Dame’, the female equivalent of a “knighthood” to the Scotland’s former Lord Advocate Dame Elish Angiolini DBE QC (nee McPhilomy), has been angrily withheld from Freedom of Information requests by Scottish Government Civil Servants, after leaks to the media suggested Scottish Ministers were involved “via the backdoor” in ensuring recommendations were made to London that the controversial former Lord Advocate received a knighthood for ‘her services’ to Scots law. Almost instantaneously after receiving the honour Dame Elish Angiolini was swiftly taken on by the First Minister Alex Salmond as his Ministerial Complaints Adviser in a role seen by most as little more than an exercise to ensure Scottish Ministers are not found guilty of misconduct while in office.

Several leading figures in Scotland’s legal establishment questioned the decision to give the controversial, former Lord Advocate a knighthood while other senior legal figures connected to the Lockerbie case have condemned Dame Angiolini’s tenure as Lord Advocate as "a disastrous experiment” a period which saw some high profile disasters for Scotland’s Crown Office including the collapse of the World's End murder prosecution where the Chief Prosecutor for the Lord Advocate ran away from the court, and judges criticised the handling of the prosecution, a scandal ranking high among other notable case losses, injustice & controversies including huge bonus payments made to Crown Office officials under Angiolini’s tenure as Lord Advocate.

However, it can also be revealed today the Scottish Government’s refusal to release the information on who made the recommendation to give the former Lord Advocate the honour, only came about after the Scottish Information Commissioner became involved in the case, after a journalist complained the Scottish Government HAD REFUSED to acknowledge or even reply to repeated requests for information.

A response from the Scottish Government to a Freedom of Information request by a journalist investigating the award who asked for “information & discussions on the awarding of (and any proposal to recommend) the dame-hood(OBE) of former Lord Advocate Elish Angiolini, and the identify of who in the Scottish Government recommended her for the honour” stated :

“We do endeavour to provide information whenever possible. However, in this instance an exemption under section 41(b) of FOISA applies to the information requested. This exemption applies because the information relates to the exercise by Her Majesty of Her prerogative of honour.

As the exemption is conditional we have applied the 'public interest test'. This means we have, in all the circumstances of this case, considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.

Whilst we acknowledge the legitimate public interest in information relating to Honours, in our judgement this is outweighed by the significant and greater public interest in preserving the integrity of the process by which people are nominated for honours. The Honours process relies on those involved being free to fully express their views, allowing for discussion and deliberation, confident that their involvement and views will not be made public. If this expectation of confidence is breached, people will be more circumspect and much less likely to give frank views, thereby weakening the integrity of the Honours system.

Disclosure may also make it more likely that prospective recipients will choose to refuse an award in the knowledge that views expressed during the consideration process might be made public. This protection of confidence is of equal importance for those considered for, but not awarded, an Honour.

Honours are a matter reserved to the UK Government and the Civil Service in Scotland deals with Honours under Cabinet Office guidance. When supporting the honours process, civil servants are acting in the service of Her Majesty the Queen in whose name awards are made. Since 2007 the First Minister and all other Scottish Government Ministers have chosen to have no role in any part of the Honours process. Nominations are processed by Civil Servant officials on the basis of UK Cabinet Office guidance and without reference to Scottish Ministers.”

Critics of the award to the former Lord Advocate today called for a full disclose of the information & discussions on who at the Scottish Government put Dame Angiolini forward for the award, saying “If they have nothing to hide, they have nothing to fear”.

During the time of Elish Angiolini’s tenure as Lord Advocate, she employed a private law firm based in Glasgow LEVY MCRAE, which operates for clients in the notorious tax avoidance haven of the Cayman Islands and who also represented shamed former Glasgow City Council Boss & Cocaine addict Steven Purcell to “go after” an anti abuse campaigner named Robert Green. The law firm employed by Angiolini threatened several media outlets with legal action over reporting of the Hollie Greig case and Green’s campaign to out the alleged abusers, while Scottish Ministers further covered up, refusing to disclose who funded the work carried out by law firms on Angiolini’s behalf and that of others linked to accusations in the case.

After further investigations into the prosecution of Robert Green, ordered by the Crown Office under Angiolini’s tenure as Lord Advocate, it later transpired the Crown Office, Police & other public bodies have spent at least £1/2 MILLION of taxpayers money going after the anti abuse campaigner, who was recently found guilty of committing a breach of the peace just because he was ‘handing out leaflets’ asking for an investigation into claims a downs syndrome girl had been abused in Aberdeen.

Curiously, while the Scottish Government adamantly refused to release any information on the controversial recommendation for the former Lord Advocate’s knighthood, hiding behind UK Cabinet Guidance & also using the grounds secrecy was of the utmost importance, a different stance was adopted on another honours issue after accusations were raised of involvement by the First Minister in recommending SNP Party donor Brian Souter for a knighthood.

In the Souter honour case, Dame Angiolini’s Ministerial Complaints Adviser colleague, another former Lord Advocate, Lord Fraser of Carmyllie was brought in to author a report which swiftly exonerated the First Minister and led to lengthy Press Releases from the Scottish Government denying any involvement on Scottish Minister’s part (which no one really believed – Ed)

Lord Fraser of Carmylie is of course widely known for being arrested on an aircraft after an alleged “air rage” incident, reported by SLR HERE

Sources have told Scottish Law Reporter today that the Scottish Information Commissioner, Kevin Dunion has been asked to look into the Scottish Government's refusal to release the information on the honour for the former Lord Advocate.

Profile : Former Lord Advocate Elish Angiolini :

Former Lord Advocate now Dame Elish Angiolini employed Cayman Islands hopping lawyers from Glasgow. Reporting on the background of the case, Robert Green was arrested by Police on 12th February 2010 in relation to a breach of the peace alleged to have been committed in Aberdeen when Mr Green attempted to hand out leaflets regarding the anti-abuse campaign. It was also revealed the then Lord Advocate, now Dame Elish Angiolini had employed private law firm Levy McRae to serve interdicts on Mr Green in connection with his campaign to ‘out’ alleged abusers of downs syndrome victim Hollie Greig. Glasgow law firm Levy McRae who later represented shamed former Glasgow City Council Boss & Cocaine addict Steven Purcell, proceeded to threaten several media outlets & journalists over their reporting of the case, covered by Scottish Law Reporter HERE & HERE. The Purcell scandal caused some newspapers to ‘evaluate’ their relationship with Levy McRae, details of which were featured in a report here : HERE

Saturday, January 28, 2012

Anti-abuse campaigner found guilty of Breach of the peace in £1/2 Million Crown Office “VENDETTA” trial to silence Hollie Greig rape abuse claims

A breach of the Peace “Vendetta” trial against anti-abuse campaigner Robert Green results in a guilty verdict. SCOTLAND’S most expensive ever Breach of the Peace trial against ant-abuse campaigner & journalist Robert Green has resulted in an expected guilty verdict in relation to the arrest of the campaigner in February 2010 by officers from Grampian Police, apparently on orders from the Crown Office in Edinburgh. Sheriff Principal Edward Bowen handed down the verdict after hearing evidence from over twenty witnesses lasting nearly two weeks, however the Sheriff Principal suspiciously blocked Mr Green’s defence counsel’s attempts to call former Lord Advocate, now Dame Elish Angiolini DBE QC and now Ministerial complaints adviser to Scotland's First Minister Alex Salmond as a witness, leading to feelings the legal establishment were shielding their own from the administration of justice.

The former Lord Advocate’s actions were claimed to be central to the whole case against Mr Green, who was arrested in Aberdeen after he attempted to hand out leaflets documenting the claims surrounding the case of Hollie Greig, a downs syndrome victim who is alleged to have been abused by an Aberdeen based paedophile gang.

Throughout proceedings legal observers were never in any doubt the Crown Office had clearly been pursuing a bitter VENDETTA against Mr Green and the Greig family, after they had identified senior legal figures from the Crown Office & the judiciary in allegations relating to child abuse. A legal insider who was directly aware of events in the trial told Scottish Law Reporter “The Sheriff played only a minor role in the trial as the guilty verdict was effectively decided by the Crown Office as soon as they arrested Mr Green in 2010.”

The insider went onto say at no time was there ever any possibility the former Lord Advocate would have been called to be a witness, commenting “…no Sheriff who wants to keep his job will ever allow such a senior establishment figure to be cross examined in the witness box.”

Earlier in the pre-trial hearings, the Crown Office had gone so far as to privately brief a journalist Mr Green was going to plead guilty, preparing a series of draft Press Releases which had to be destroyed after the accused broke with his former legal team who, coincidentally, were also attempting to persuade Mr Green to plead guilty, reported earlier HERE.

The case against Robert Green has proved a revelation for the Scots legal system, linking up the actions of a former Lord Advocate with a private law firm, LEVY MCRAE who have hit the headlines plenty themselves. The case also drew out links between that same law firm and the current Justice Secretary, Kenny MacAskill, who worked at the law firm for a number of years. Much has yet to come out about the relationships & actions of some of the key players in the case however one thing is for sure, Scotland’s prosecution system is now viewed more than ever as Institutionally corrupt.

The record costs of the Crown Office’ prosecution for a single Breach of the Peace, dubbed by legal insiders a “Three year private vendetta bankrolled by taxpayers against Robert Green & abuse victims” were revealed when Scottish Law Reporter earlier reported pre-trial costs had already risen to around HALF A MILLION POUNDS, after factoring in the expenses of THIRTEEN earlier hearings at Stonehaven Sheriff Court, 15,000 travel miles for the accused, hugely expensive legal bills generated by private law firms hired by officials which appear to have been paid for out of public funds, rising legal aid fees, trips by Grampian Police Officers to England to search & raid homes & seize property including computers & documents, Crown Office staff being flown into Aberdeen especially for the case, and the costs to the Crown of ‘consulting & maintain’ a witness list which has varied in numbers, at one stage totalling SIXTY ONE persons, of which less than half were called.

Sentence against Mr Green will be handed down on 17 February 2012 at 10.30am (I’m sure COPFS will have made a few suggestions on that too – Ed)

A reminder of previous events in the trial of Mr Green can be viewed in earlier coverage by Scottish Law Reporter HERE

Justice Secretary Kenny MacAskill worked at, has ties to same law firm used by then Lord Advocate Elish Angiolini in interdict case. As details of the case began to be reported in the wider press, it emerged the Scottish Justice Secretary, Kenny MacAskill had links to LEVY MCRAE, the law firm employed by the then Lord Advocate Elish Angiolini in legal action against Mr Green. Mr MacAskill has made no comment on the fact he served his apprenticeship at Levy McRae and also worked at the firm for a considerable time during his years as a solicitor before he entered politics, while he is thought to have backed Dame Angiolini in her actions at the time. The revelations were reported by Scottish Law Reporter at the time, HERE.

More on the Hollie Greig case can be viewed at Hollie Demands Justice.org and Mr Green’s own blog HERE

Arrests in England over Police payments, Scotland to follow? We reveal Crooked Scots Cops, Prosecutors ALSO sold info & services for CASH BUNGS

Cash for hacking - Lord Advocate Frank Mulholland in need of someone to arrest, just as long as it’s not a colleague, a lawyer or a Police Officer WHILE arrests have finally been made today in England & Wales after investigations into payments to Police Officers by journalists, campaigners for openness in Scotland are now beginning to question why no substantive investigations have taken place into similar actions north of the border where corrupt Police Officers working in various Scottish Police Forces and it is alleged, employees of the Scottish Courts Service and Crown Office & Procurator Fiscal Service (COPFS) have taken CASH BUNGS or “other forms of payments” from journalists, private investigators & high profile lawyers for information on individuals which includes private financial details, personal & medical files and much more.

In one bizarre case brought to the attention of Scottish Law Reporter by a journalist, even a senior detective in Lothian & Borders Police appears to have fallen victim to creepy backhander-cash-for-info scandals where a lesser rank detective in his team “grassed up” his Detective Chief Inspector boss to Scottish tabloids over an ‘extra-marital affair love tryst with a crime victim’ saga. The DCI was forced to retire in humiliation after the ‘love affair’ scandal hit the headlines. The lesser ranking detective who sold the story to the tabloid appears to have received “a substantial sum of money” although the episode apparently did little for his career prospects.

The case of the senior detective sold-out-for-cash appears to have taken some strange turns, made all the worse after evidence emerged that a bizarre “turf war” between detectives including the one who sold out his boss, & local uniformed officers within the division of Lothian & Borders Police ended up destroying a costly year long drugs surveillance operation in a small Borders town, where one family was known to have been dealing in & selling large quantities of drugs to all age groups including school children. A more in-depth report on this case is to follow.

Another case being looked into by an independent journalist has revealed more payments to cops on where material gathered on “target individuals” such as lists of phone calls, council & medical records & other information was handed over to a lawyer from a well known law firm which is known to have represented now former senior law officers in the Crown Office. The information, which was exchanged for a substantial sum of money, appears to have been gained by serving Police Officers and officials working at Scotland’s Crown Office & Procurator Fiscal Service (COPFS).

In another instance, at least one Police Officer is alleged to be on the payroll of a private law firm which has a senior partner who is also a serving Sheriff. In a case previously reported by Scottish Law Reporter, one particular firm used a Police Officer to threaten tradesmen who were seeking to recover debts from a serving advocate who is a client & friend of the serving sheriff. The Police Officer, who threatened a tradesman with arrest “if he didn't shut up about the debts” is suspected of receiving payment for his actions on behalf of the sheriff.

In a case which appears to implicate staff working for the Scottish Court Service, information on a private individual including personal statements appears to have been shared by SCS staff with a law firm, again on a cash for access basis.

No action appears to have been taken in any of the above examples, even though the cases, in which money has changed hands on each occasion, are now well known to senior officers and senior figures in Scotland’s judiciary.

While BBC News reports on the arrests in England & Wales, insiders say expect no arrests in Scotland …

Operation Elveden: Five held in police payment probe

Four former and current Sun journalists and a police officer have been arrested by detectives investigating payments made to police by journalists. Scotland Yard said the men, aged 29 to 56, were arrested at addresses in London and Essex earlier. The 29-year-old, a serving officer in the Metropolitan Police's Territorial Policing Command, was arrested at his work - a central London police station.

News Corporation said it would continue to pursue "legitimate journalism". Offices at News International in Wapping are currently being searched. The BBC understands the arrested journalists are ex-deputy editor Fergus Shanahan, ex-managing editor Graham Dudman, crime editor Mike Sullivan and head of news Chris Pharo.

The Met said the arrests, part of Operation Elveden, were prompted by information given to police by News Corporation. A BBC source said this was an effort aimed at "draining the swamp" so as to restore journalistic integrity at News International titles.

News Corporation and its Management and Standards Committee (MSC) issued a statement following the arrests saying it had made a commitment last summer that unacceptable news gathering practices by individuals in the past would not be repeated. "It commissioned the management and standards committee to undertake a review of all News International titles, regardless of cost, and to proactively co-operate with law enforcement and other authorities if potentially relevant information arose at those titles. "As a result of that review, which is ongoing, the MSC provided information to the Elveden investigation which led to today's arrests."

News Corporation also said it would "continue to give its total support to the continued work of the MSC and to ensure that legitimate journalism is vigorously pursued in both the public interest and in full compliance with the law".

Operation Elveden is supervised by the Independent Police Complaints Commission (IPCC) and is being run in conjunction with Operation Weeting, Scotland Yard's inquiry into phone hacking by the now-closed News of the World. A spokesman said Saturday's arrests and searches related to suspected payments to officers and was not about seeking journalists to reveal their sources regarding information obtained legitimately.

The police have said that two men, aged 48 and 56, were arrested at their homes in Essex. A second 48-year-old man was detained at his home in north London. Officers are searching their homes. A fourth man, aged 42, was arrested at 11am when he attended an east London police station. All were being questioned on suspicion of corruption under the Prevention of Corruption Act 1906, aiding and abetting misconduct in a public office and conspiracy in relation to both offences.

The fifth man to be arrested, a 42-year-old man attended an east London police station on Saturday morning. He was arrested on suspicion of corruption under the Prevention of Corruption Act 1906, aiding and abetting misconduct in a public office and conspiracy in relation to both these offences. The officer was being held on suspicion of corruption under the Prevention of Corruption Act 1906, misconduct in a public office, as well as conspiracy in relation to both offences. His home was also being searched. Scotland Yard said the searches were expected to continue into Saturday afternoon.

The officer was the second serving officer to be arrested as part of Operation Elveden. The first, a 52-year-old woman, was arrested last month and bailed, police said. A total of 13 people have now been arrested as part of the inquiry. Twelve were arrested by the Met and the thirteenth by the IPCC.

IPCC deputy chair Deborah Glass said she was satisfied with the "strenuous efforts being made by this investigation to identify police officers who may have taken corrupt payments".

She said she had considered the IPCC's role and whether to use its powers directly in relation to the latest suspects, but said "given the interlocking nature of the investigation and arrests which do not just involve police officers, I believe the priority is not around whose powers should be used, but for an effective investigation that brings wrongdoers to justice. "While we continue to provide a supervisory role across Operation Elveden, I will consider each referral on its own merit and we will investigate independently if appropriate."

Among those questioned during the inquiries were former News International chief executive Rebekah Brooks, ex-Downing Street communications chief Andy Coulson, former News of the World managing editor Stuart Kuttner, the paper's former royal editor Clive Goodman, and its former crime editor Lucy Panton.

The total number of people arrested in the inquiries now stands at 27. Two were released without further action, and 21 remain on police bail.

Thursday, January 26, 2012

Holyrood delays e-petitions over fears football supporters will use discussion forums to launch & debate petitions against anti sectarian laws

EU, we have a problem : Holyrood’s e-petitions website offline over sectarian debate fears A FORMER Scottish Parliament employee had admitted his colleagues were secretly ordered to delay the re-launch of Holyrood’s E-Petitions website amid fears Celtic & Rangers football supporters and others opposed to the Scottish Government’s Offensive Behaviour at Football and Threatening Communications (Scotland) Bill would use the e-petitions system to launch counter petitions against each other and the Scottish Government’s anti-sectarian laws, thus “weighing down” the Scottish Parliament’s website with discussions about sectarianism legislation & crimes in Scotland, something Holyrood’s bosses were and still are keen to avoid in an effort to curtail any feeling Scotland has a significant sectarian crime problem.

The information has come to light after a now former member of staff at Holyrood who has registered a grievance against his employers came forward to offer information on the long running absence of the e-petitions system, which allowed members of the public to post their petitions to the Scottish Parliament's website in order to attract discussion on their petition’s topic, and gather signatures to support a petition’s progress through the Petitions Committee.

Scottish Parliament officials had promised a re-launch of the e-petitions system “sometime in December 2011” however the planned date of re-launch was considered too close to the vote on the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill which was passed at the Scottish Parliament on December 14 2011, in a 64 to 57 vote, covered by Scottish Law Reporter HERE.

The Holyrood insider, who cannot be named for legal reasons, has revealed he has in his possession, a series of emails between Scottish Parliament officials who discussed their concerns about “unwanted elements using the e-petitions system to discuss or oppose the anti sectarian bill currently going through the Justice Committee”.

The insider goes on to allege a senior member of the Scottish Parliament branded members of one particular online forum as “******** *******”, a claim already passed to a national newspaper by the insider. The exact words used by the msp which are highly inflammatory, cannot be printed for legal reasons due to the law as it now stands.

Members of the particular forum named in the discussions, which is also not being identified by SLR for legal reasons, apparently stood accused of inciting hatred and making death threats against personalities from the football world & other walks of public life in Scotland. In another instance mentioned in the discussions between Holyrood officials, Celtic supporters also came in for criticism, for their websites organising protests against the Scottish Government's anti-sectarian bill which has now received Royal Assent.

The e-petitions website currently remains offline with an official explanation there have been “design changes & problems encountered along the way of its re-launch” however it has now been confirmed msps and staff at Holyrood are still concerned that opposing sides in the sectarian debate will utilise the e-petitions system to raise petitions & amendments against the Scottish Government’s much criticised anti-sectarian legislation. It can be revealed today a contingency plan has been put in place by officials to withhold any e-petition which touches on sectarian issues. A member of staff has also confirmed in off the record comments that any discussions on sectarianism “will be deleted” from the Scottish Parliament’s website.

The Scottish Parliament’s move to censor any debate on sectarianism follows a pattern of other public bodies in Scotland who have either censored, denied, or destroyed information relating to sectarian incidents.

Scottish Law Reporter featured an account of how Crown Office officials were ordered to prevent data on sectarian crimes falling into public hands, here : ‘Hate Data’ destroyed as Salmond’s SNP fear Independent Scotland viewed as ‘Too Sectarian’ to join predominantly Catholic European Union

A campaigner speaking to Scottish Law Reporter earlier today branded Holyrood’s decision to hold the e-petitions system offline over fears of discussions about sectarianism as an attempt at censorship. He went further, saying he felt the Scottish Parliament was continuing what appears to be an “anti-catholic” policy on the debate about sectarianism in Scotland.

He said : “Censoring debate is not the way to combat sectarianism in Scotland. If as many feel the Scottish Government's law is unjust it is surely our right as citizens to file a petition on the Scottish Parliament’s website and be able to discuss the issue just like everyone else.”

A Scottish Parliament spokesperson was not available to answer any questions on the allegations relating to the e-petitions website, which has now been held offline by Holyrood officials for nearly TEN MONTHS.

Monday, January 23, 2012

Credibility of EIS teachers union on the line : Investigation reveals trail of abandoned members as union boss ‘talked up’ £650K out-of-court payments

Abandoning teachers at court : Investigation into union funded court cases ridicule Scotland’s main teaching union’s claims it stands by its members. AN INVESTIGATION into damages claims made by a union on behalf of teachers in the Court of Session against their employers has raised serious questions about public statements made by Ronnie Smith, the General Secretary of the Educational Institute of Scotland (EIS) who claimed the EIS “will pursue employers relentlessly on behalf of members for compensation”. However, it now transpires that even while the EIS union leader made the claims on national television, Mr Smith’s words are very far from a shocking reality, now revealed in documents handed over to law journalists & the media which show the EIS union have SECRETLY WALKED AWAY from a string of member’s damages claims at the last minute, leaving them to face court appearances without legal representation. The documents also show the union sought to cover up any information which revealed the union had abandoned its own members on the steps of the court.

Speaking on Scottish Television during a news report into figures revealing a massive SIX HUNDRED & FIFTY THOUSAND POUND settlement awarded to teachers in the past year, the bulk of which was awarded to a single teacher for an occupational stress case, Ronnie Smith, the soon-to-retire General Secretary of the EIS, Scotland’s main teacher’s union claimed : “..Most employers are demanding more from their employees with less resource to deliver on the service that’s provided so prospects are not very good but we are very clear that if employers don't pay attention to the mental health as well as the physical health of their employees, we will pursue them relentlessly on behalf of members for compensation”

However, documents relating to a series of EIS backed court actions now disclosed to the media which include terse exchanges between some of Scotland’s top law firms reveal a catalogue of cases where the EIS union have ABANDONED members damages claims, even after supporting some of the cases for years and employing multiple law firms & expert witnesses to prepare for court appearances cancelled at the last minute.

In some of the cases, the abrupt, unexplained termination of the union’s funding & support for its members court litigation, despite promises of ‘relentlessly pursuing employers on behalf of members’ have left some ill teachers facing FINANCIAL RUIN after being left with massive bills for legal fees reaching into HUNDREDS OF THOUSANDS OF POUNDS, fees which were accumulated by EIS instructed law firms who in some instances, appear to made a complete mess of members damages claims, taking years in some of the cases to file any court papers.

Papers from some of the damages claims also appears to implicate current senior figures in the EIS who appear to have become personally involved, leading to situations where the progress of member’s damages claims have been obstructed, ultimately leading to secret decisions taken to axe the union’s support for a string of member’s court actions. There are also hints of evidence within the now disclosed paperwork that some of the law firms involved in representing EIS members and paid for by the union, have concealed and deliberately withheld paperwork relating to court litigation so it could not be handed over to the affected EIS member to carry on themselves.

Speaking to Scottish Law Reporter, a legal insider who looked at the papers disclosed to journalists said : “There appears to be no doubt the EIS deliberately removed correspondence and reports from members case files who were involved in court litigation against their employers. The removal of the material will have had a profound effect on the members and their damages claims, leaving them without proof of EIS instructions & evidence necessary for them to continue their claims alone.”

He continued : “Without doubt, the EIS actions in these cases have led to the members involved being denied access to justice”

Claims made by EIS Union General Secretary that his union relentlessly pursue employers on behalf of members claims are now in question (click to watch video)

The investigation into the EIS’ union’s claims over how it pursues litigation conducted on behalf of members comes after its General Secretary issued a detailed Press Release reporting the union’s efforts to ensure its members received compensation payouts for accidents or injuries at work.

The Press Release, which can be viewed on the EIS’ own website here Record award highlights the need to tackle teacher stress, or alternatively, online HERE, stated :

An EIS member has received a record six figure settlement as a result of an occupational stress case. The settlement, which was agreed out of court, was a consequence of an employer’s failure to act upon repeated reports of excessive workload which led to the member suffering from stress related psychiatric injury. This award is the largest single ever paid to an EIS member as a result of occupational stress. The figure was revealed as part of almost £650,000 in compensation – another record figure - for work-related injuries secured by the EIS for its members over the past year.

Commenting, EIS General Secretary Ronnie Smith said : "Occupational stress is a major problem facing teachers and lecturers. The growth in the number of cases involving psychiatric injury and stress-related illness must be a warning to employers that they need to take account of their employees’ mental, as well as physical, wellbeing. The fact that this record compensation award arose from a work-load related case, which was compounded by a lack of management support, is no coincidence. This clearly illustrates just how serious such injuries can be, and the heavy price that employers will have to pay if they fail in their obligations to protect their staff.”

Mr Smith added : "Employers should be using the Health and Safety Executive’s stress management standards and trying to reduce and control the levels of stress caused by work activities. Stress-related illnesses are extremely serious and can take a huge toll on the individual concerned. The long-term effects can be significant, and recovery can take a long period of time. While the EIS supports members in stress-related claims, our preference would always be for such cases to be avoided completely. Employers must tackle the causes of stress, for example by controlling work-load, and they must also provide appropriate support for teaching staff who are experiencing stress.”

However, an insider said the EIS’ press release and the union’s effort in the media to push the story out regarding the £650,000 payout and the six figure out of court settlement was little more than a play to hold onto its dwindling membership numbers, which are now being hit by redundancies in the public sector cuts. The claims of spin appear to back up rumours the EIS are worried over teacher sackings across Scotland which could reduce its membership & political influence.

A solicitor commenting on the ‘out of court’ settlement case criticised the EIS over the lack of accurate detail published about the settlement in spite of the General Secretary’s apparent willingness to mention it on television news. He went onto question why such a large out of court settlement was taken if the EIS believed it had a strong case and could go for more.

He said : "With regard to the case the EIS are happy to mention in passing but unwilling to mention in detail, the little we are offered in Mr Smith’s statement leaves me wondering if the client was told, take the settlement or we will walk away from your case.”

The EIS Press Office were asked for comment on why the teaching union had abandoned members damages claims it had apparently been supporting & funding for years. No response was given.

A number of questions were put to the EIS via Freedom of Information laws by a journalist, asking :

How many cases have the EIS taken on and funded for members in terms of legal actions against their employers for damages claims, medical injury claims and other types of claims in the past three years.

How many legal actions, damages claims or court cases on behalf of EIS members & funded by the EIS have the EIS dropped from proceeding to court before the case was heard in court in the past three years

How many legal actions, damages claims or court cases on behalf of EIS members & funded by the EIS have been dropped by the EIS while litigation was in progress in the past three years.

What is the total amount spent by the EIS on representing members legal actions, damages claims or court cases against their employers in the last three years.

In response to the questions, the EIS replied to the journalists via its media office, saying the union is not covered by Freedom of Information legislation and would not be answering any of the questions put to it.

The EIS union’s reaction to the revelations of how a little-discussed-in-public policy of abandoning member’s damages claims during the litigation process has raised suspicions among some members & legal observers that the teachers union is not all it has portrayed itself to be in the media.

Scottish Law Reporter's investigations into the papers disclosed to journalists are continuing.

Friday, January 20, 2012

Lord President asks Westminster to amend Scotland Bill, closing Criminal Appeals route to UK Supreme Court on Human Rights issues

Lord President asks for amendment to Scotland Bill allowing Scottish Courts to ~~bury~~ handle Human Rights appeals. IN a move seen by many legal observers as an indication the retiring Lord President, Lord Hamilton may not be so retiring from the legal scene as some may have expected, the Lord President has written to the UK Parliament to ask its MPs to add a restriction on criminal appeals to the UK Supreme Court to the Scotland Bill provisions dealing with devolution issues, thus ensuring the Court of Session can ‘take care of’ any Human Rights infringements, and bury the chance of any appeal from Scotland being heard at the UK’s Supreme Court, a move welcomed (even if it was arranged) by the SNP. The move brings the Lord President into line with the wishes of the Scottish Government, who fell over themselves to castigate the UK’s Supreme Court and even it’s Scottish judges after rulings in the Cadder v HMA case and Nat Fraser appeal.

The Lord President’s representations to Westminster can be read online HERE

Now that the Lord President has ‘rolled over’ to make a judicial request to back up the harsh words from Scottish Ministers, who did not enjoy the impression which was created that Scotland’s justice system and its courts simply couldn't be trusted with appeals, particularly on ECHR issues, the way is now clear for Lord Hamilton to return to a few appointments at the behest of Scottish Ministers as soon as is practicably possible (String pulling comes to mind – Ed)

The Press Release from the Judiciary of Scotland : Lord President Makes Written Representations to Parliament

Click image to read Lord Hamilton’s representation to Westminster. Utilising the powers conferred on him by the Constitutional Reform Act 2005 the Lord President is laying before the United Kingdom Parliament written representations regarding the Scotland Bill presently before it. Section 5 of the Act provides that the Lord President may lay written representations before Parliament on matters relating to the judiciary or the administration of justice in Scotland. Equivalent powers are available to the Lord Chief Justice of England and Wales and the Lord Chief Justice of Northern Ireland.

The Lord President is urging Parliament to do two things:

(1) to extend the jurisdiction of the Supreme Court in Scottish criminal appeals and references to the remedying of infringements by the courts below as well as by the prosecutor; but

(2) to restrict those cases in which leave may be granted to appeal to the Supreme Court from the High Court of Justiciary to cases in which the High Court has certified that a point of law of general public importance is involved in the decision.

As to (2), the Court of Criminal Appeal in England and Wales and the equivalent court in Northern Ireland have long had a certification procedure which has proved to be valuable. The Lord President wishes to secure a similar provision for the High Court in Scotland.

The Lord President seeks, in the Scotland Bill, an amendment to the Scotland Act 1998 to the above effect.

Constitutional Reform Act 2005

Part 2

Section 5 Representations to Parliament.

(1)The chief justice of any part of the United Kingdom may lay before Parliament written representations on matters that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in that part of the United Kingdom.

(2)In relation to Scotland those matters do not include matters within the legislative competence of the Scottish Parliament, unless they are matters to which a Bill for an Act of Parliament relates.

(3)In relation to Northern Ireland those matters do not include transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates.

(4)In subsection (3) the reference to transferred matters has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47).

(5)In this section “chief justice” means—

(a)in relation to England and Wales or Northern Ireland, the Lord Chief Justice of that part of the United Kingdom;

(b)in relation to Scotland, the Lord President of the Court of Session.

Explanatory Notes

Section 5: Representations to Parliament

Section 5 provides that the Lord Chief Justice of England and Wales, the Lord Chief Justice of Northern Ireland and the Lord President of the Court of Session may table written representations to Parliament on matters relating to the judiciary or the administration of justice. In respect of the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland, this function is qualified by subsections (2) and (3) in order to respect the devolution settlements with Scotland and Northern Ireland respectively.

Constitutional Reform Act 2005

£1/2 Million Breach of the Peace trial of anti-abuse campaigner Robert Green continues for second week at Stonehaven Sheriff Court, Aberdeen

A breach of the Peace trial against anti-abuse campaigner Robert Green is expected to last another week. Daily updates for readers seeking the very latest information on Scotland’s most expensive ever Breach of the Peace trial against ant-abuse campaigner Robert Green, can be viewed at Hollie Demands Justice.org. Mr Green, as is now widely known, was charged in February 2010 by officers from Grampian Police, apparently on the orders of the Crown Office in Edinburgh after he attempted to hand out leaflets documenting the claims surrounding the case of Hollie Greig, a downs syndrome victim who is alleged to have been abused by an Aberdeen based paedophile gang.

Little has apparently been done about the abuse claims, and the case against Mr Green appears to have become little more than the now usual Crown Office vendetta to protect its own image, turning into yet another rather costly case for taxpayers to fund, simply to beef up a few egos in undeserving high places.

Hard questions have been asked of Grampian Police & others, more of which can be read on the Hollie Demands Justice.org website.

A reminder of past events can be viewed in earlier coverage by Scottish Law Reporter HERE

Former Lord Advocate now Dame Elish Angiolini employed Cayman Islands hopping lawyers from Glasgow. Reporting on the background of the case, Robert Green was arrested by Police on 12th February 2010 in relation to a breach of the peace alleged to have been committed in Aberdeen when Mr Green attempted to hand out leaflets regarding the anti-abuse campaign. It was also revealed the then Lord Advocate, now Dame Elish Angiolini had employed private law firm Levy McRae to serve interdicts on Mr Green in connection with his campaign to ‘out’ alleged abusers of downs syndrome victim Hollie Greig. Glasogw law firm Levy McRae who later represented shamed former Glasgow City Council Boss & Cocaine addict Steven Purcell, proceeded to threaten several media outlets & journalists over their reporting of the case, covered by Scottish Law Reporter HERE & HERE. The Purcell scandal caused some newspapers to ‘evaluate’ their relationship with Levy McRae, details of which were featured in a report here : HERE

Tuesday, January 17, 2012

Police Reform Bill : Scotland to have ONE ‘easier to manipulate, politicise & control’ Police Force with one ‘handpicked’ Chief Constable

One force is easier to politicise, manipulate than eight : MacAskill launches Police reform bill in bid to control all of Scotland’s regional Police needs. AS promised by the Scottish Government, today saw the launch of the Police and Fire Reform Bill, bringing all of Scotland’s current EIGHT Police forces into a convenient, centralised, one Police Service, which, claim critics, will be much easier to politicise & manipulate than the current regional structure. In today’s announcement, the Scottish Government claim the move will “bring local services to the heart of communities” however most see the move as a bid to control Scotland’s eight at-times ‘unruly’ Police forces who do not always get on well with whoever is in power.

While the Justice Secretary’s statement claims the single force will be subject to parliamentary scrutiny, many point out it will not, and even if it were, Holyrood msps have one of the worst track records in Europe for scrutinising public services, often acting as little more than a rubber stamp for policy making on the hoof.

The Police & Fire Reform Bill can be found HERE :

Bill (as introduced) (509KB pdf posted 17 January 2012)

Explanatory Notes (415KB pdf posted 17 January 2012)

Policy Memorandum (280KB pdf posted 17 January 2012)

It should be noted the above links are subject to change, due to the Scottish Parliament’s annoyance about the media & members of the public having access to too much information.

The Scottish Government’s Press Release : Police and Fire Reform Bill

Single police and fire and rescue services in Scotland will bring local services to the heart of communities, the Justice Secretary said today. There will be designated local senior officers at the centre of a new, strong relationship between councils and the services, and a statutory duty to provide adequate local police and fire services.

Local authorities will approve plans for their area and many more councillors will have a say than under the current arrangements. The services will be independent, with no operational control by Ministers, but subject to Parliamentary scrutiny.

Kenny MacAskill was speaking at an event in Galashiels to mark the publication of the Police and Fire Reform (Scotland) Bill which will establish the Police Service of Scotland and the Scottish Fire and Rescue Service.

Key aspects of the Bill include:

- Regular, formal opportunities for the Scottish Parliament to scrutinise policing and fire and rescue services.

- Establishing the Scottish Police Authority (SPA) and Scottish Fire and Rescue Service board to hold the Chief Constable and Chief Officer to account.

- Establishing 'the Police Service of Scotland', comprising a Chief Constable, other officers and police staff. The Chief Constable and other senior officers will be appointed by the SPA. All constables and police staff will transfer to the new service.

- Transferring the current functions of fire and rescue authorities to the Scottish Fire and Rescue Service. All staff employed by the current eight fire and rescue authorities will transfer to the new service.

- A statutory duty for the Police Service of Scotland and the Scottish Fire and Rescue Service to provide adequate local services.

- A designated local policing commander and local senior fire officer for each local authority area, responsible for involving the local authority in determining priorities and objectives for policing and fire and rescue services in the local area.

- A local plan for policing and a local plan for fire and rescue services for each local authority area, agreed between the relevant local commander or local senior officer and the local authority, setting out priorities, objectives and arrangements for local service delivery.

- Complaint reviews and investigation of serious incidents and criminal offences involving the police to be handled by one independent body, the Police Investigations and Review Commissioner.

- The creation of an Inspectorate of the Scottish Fire and Rescue Service.

Justice Secretary Kenny MacAskill said in a rambling statement : “Scotland enjoys world-class police and fire and rescue services – they are the lifeblood of every single community they serve. We know crime is now at a 35 year low, helped by 1,000 extra officers on the streets, while fire deaths are going down year-on-year. The stark reality is that budget cuts from Westminster will devastate our excellent frontline services if we don’t act now. This Government will not be complacent, we will not compromise on public safety and we will make sure that every community is served and served well.

“The reasons for reform are clear. We need to make a virtue of necessity. Make no mistake – this is the only way to make sure that we don’t lose the major improvements made to police and fire and rescue services in recent years. We have devised the strongest possible plans for the future of police and fire services in Scotland which reduce duplication, not the quality of vital services, and deliver estimated efficiency savings of £1.7 billion over 15 years. Today’s publication of the Police and Fire Reform (Scotland) Bill follows two consultations and many months of sustained, regular engagement with police, fire and rescue services, boards, authorities and other interested parties.

“There will be a stronger connection between communities and their local police and fire and rescue services, with designated local senior officers and a statutory duty on both services to provide proper local provision. Local authorities will approve plans for their area and, rather than a handful of councillors attending a regional board, many more councillors will have a say in what happens in their area. I expect to see the Local Commander and Local Senior officer coming before the council to explain and answer questions about police and fire services in the area. Our services will be independent, with no operational control from Ministers but subject to Parliamentary scrutiny. And our new services will be nothing without the skills and talents of the workforce. Staff will transfer to the new services on the same terms and conditions.

“I am delighted to launch the Bill in Galashiels. The Scottish Borders Council is working with police and fire and rescue services on the new local arrangements ahead of their formal introduction. There has been strong interest from local authorities, police forces and fire and rescue services in trialling these new arrangements. A number have said they want to become involved – and one project, in Grampian, has already been formally submitted to us. I welcome this enthusiasm as a the mark of the way forward. I would encourage all parties to get behind this legislation to secure the future of our police and fire and rescue services.”

However, not all Chief Constables or local authorities or even the Scottish public agree with the proposals, as was reported HERE even though Justice Secretary Kenny MacAskill claimed the centralisation of Policing and control of it would save Scotland around £130m a year and £1.7bn over 15 years, claims thought by some to be ludicrous & absolute nonsense. The Police Federation also voted against the plans, covered by the Herald newspaper HERE. Local authorities voiced their concerns & opposition, reported by the Daily Record newspaper HERE and by LocalGov.co.uk HERE

Friday, January 13, 2012

Ex-Lord Advocate Dame Elish Angiolini ‘being cited to appear’ in ‘Vendetta’ TWO YEAR £1/2 million breach of the peace trial of anti-abuse campaigner

Former Lord Advocate Dame Elish Angiolini is now being called to appear in trial of anti abuse campaigner Robert Green SCOTTISH LAW REPORTER has been told this evening by legal insiders that former Lord Advocate now Dame Elish Angiolini DBE QC is to be cited as a witness in Scotland’s most expensive ever Breach of the Peace trial against the now well known anti-abuse campaigner Robert Green, who has campaigned for an investigation into claims Hollie Greig, a downs syndrome victim was abused by an Aberdeen based paedophile gang. The case which has so far cost taxpayers a staggering HALF A MILLION POUNDS, having already seen FOURTEEN COURT HEARINGS, 16,000 travel miles for the accused, trips by Grampian Police Officers to England to search & raid homes & seize property including computers & documents, Crown Office staff being flown into Aberdeen especially for the case, and a witness list which has varied in numbers and currently totals SIXTY ONE persons is set to begin at Stonehaven Sheriff Court next week 16 January 2012 in front of Sheriff Principal Edward Bowen and is scheduled to last up to TWO WEEKS.

If the former Lord Advocate does appear in court to answer questions over the arrest of Mr Green and account for her role in the Hollie Greig case, it will be a first. However, insiders are predicting there will be an intense effort to block any difficult questions being asked of the former Lord Advocate.

Earlier this week, Scottish Law Reporter featured further reports on the long running case HERE revealing a series of problems with Mr Green’s legal representatives who had suspiciously backed away from calling Angiolini in the case, in spite of her seemingly obvious position as a key player in the arrest of Mr Green. Dame Angiolini was Lord Advocate at the time of Mr Green’s arrest in Aberdeen during February 2010, and was linked by several Scots law publications to the Hollie Greig case when the allegations of abuse were initially reported to Grampian Police several years ago.

Reporting on the background of the case, Robert Green was arrested by Police on 12th February 2010 in relation to a breach of the peace alleged to have been committed in Aberdeen when Mr Green attempted to hand out leaflets regarding the anti-abuse campaign. It was also revealed the then Lord Advocate, now Dame Elish Angiolini had employed private law firm Levy McRae to serve interdicts on Mr Green in connection with his campaign to ‘out’ alleged abusers of downs syndrome victim Hollie Greig. Glasgow law firm Levy McRae who later represented shamed former Glasgow City Council Boss & Cocaine addict Steven Purcell, proceeded to threaten several media outlets & journalists over their reporting of the case, covered by Scottish Law Reporter HERE & HERE. The Purcell scandal caused some newspapers to ‘evaluate’ their relationship with Levy McRae, details of which were featured in a report here : HERE

Justice Secretary Kenny MacAskill worked at same law firm used by then Lord Advocate Elish Angiolini in interdict case. As details of the case began to be reported in the wider press, it emerged the Scottish Justice Secretary, Kenny MacAskill has personal links to LEVY MCRAE, the law firm employed by the then Lord Advocate Elish Angiolini in legal action against Mr Green. Mr MacAskill has made no comment on the fact he served his apprenticeship at Levy McRae and also worked at the firm for a considerable time during his years as a solicitor before he entered politics, while he is thought to have backed Dame Angiolini in her actions at the time. The revelations were reported by Scottish Law Reporter at the time, HERE.

The now record costs of the Crown Office’ prosecution of Robert Green for a single Breach of the Peace, dubbed by legal insiders a “Three year private vendetta bankrolled by taxpayers against Robert Green & abuse victims” were revealed when Scottish Law Reporter earlier reported pre-trial costs had already risen to around HALF A MILLION POUNDS, after factoring in the expenses of all previous hearings and work by the Crown Office, Police, several other public bodies & legal aid.

Dame Angiolini was unable to be reached for comment.

Six HBJ Gateley partners ‘go over the side’ at law firm raided by Police over stolen Leonardo Davinci Madonna with Yarnwinder painting

Law firm where stolen Davinci painting was found experiences a series of resignations. The Herald newspaper reports today that up to six Glasgow based partners from the law firm HBJ Gateley have resigned, including Alan Stewart, the former head of the office, Douglas Blyth, Gordon Cunningham, Sara Matheson, Shona Templeton, and Robert King. HBJ Gateley Wareing rebranded itself as HBJ Gateley after being caught up in a case of art theft after a Police raid at its Glasgow offices discovered the stolen Madonna with the Yarnwinder in a safe, reported in an earlier article HERE

The latest resignations at the law firm add to the recent departures from the Edinburgh office of partners Kath Karlin and Kate Dewar, who have joined other firms. The firm's senior partner, Malcolm McPherson, said in response that a number of non-equity partners were scheduled to leave in the first half of the year for a variety of reasons, but the firm was "in excellent shape" and would be announcing a number of new people soon[ish].

If London, the Tories & LibDems don’t give ATOSS about Scotland & Scots in need, is the Union ultimately A SICK JOKE ?

THERE is little doubt a few hundred scare stories about the break up of the union are about to be thrown at the Scots electorate. Most of the stories will have as much credibility as as a paper bag can hold a gallon of water, however, some of the stories, such as Margaret Thatcher’s Poll Tax which ripped Scotland apart in the 1980’s and leaves a horrific legacy of inescapable personal debt even to this day, are worth considering in the context of whether Westminster really gives A-TOSS about retaining the Union with Scotland.

Given we are in the deepest recession the world has ever seen, a recession caused by bankers & regulations made by national Governments in the nation’s capitals rather than devolved assemblies such as the Scottish Parliament, perhaps one of the most important subjects on everyone’s mind in Scotland should be the CONDEM Coalition Government’s dreaded Welfare Reform Bill, parts of which are already being implemented with a Concentration Camp zeal upon the long term sick, patients with debilitating illnesses & benefits claimants across the UK, particularly in Scotland.

Every day there are stories about the weak and the sick in Scotland being treated like cattle off to the slaughter by a Westminster appointed company receiving at least £100 million and doubtless all the hidden extras we will never get to hear about. The Tories it seems, may give A-TOSS about keeping the union but they certainly don’t give A-TOSS about caring for Scots in need.

So, simply, Scots may well have to consider, if the UK Government in London don't give A-TOSS for Scotland, and feel that £100 million is a good price to pay for torturing the long term sick, disabled and near death up and down the length of the country, then wouldn't it be better Scots looking after their own?

Its not as if we Scots don't have our own resources to deal with the population on a more fairer basis. After all, we are the only country in the world who discovered oil, and then lost it to another country, a resource which may come back to Scotland if the independence referendum swings in favour of a nation status. Isn’t it therefore time to take a hard look at whether Scots are safer with, and may expect fairer treatment in the hands of an independent Scotland?

Considering we are supposedly all in this recession together, yet like in the rest of the UK we Scots watch as our safety nets are gradually being stripped away from us, with who knows, the NHS next in the firing line as the block grant from London decreases to cover up the banker’s billions, Do YOU give A-TOSS for a Fairer Scotland with a stronger voice within the union or a stronger and more caring for Scots voice as an independent nation ?

* Scottish Law Reporter agreed to run this article after a GP working in the South of Scotland reported to one of our journalists she had been offered a substantial cash sum [by an unnamed party] as an incentive to withdraw her backing for a disability benefits claimant who is suffering from cancer.

Readers can find out more about ATOS Healthcare by using GOOGLE .

The Sunday Mail newspaper reports on how the UK Government is treating Scots in need :

A SICK JOKE : Benefits clawback firm promise 'brighter future' but victim speaks out

Jul 17 2011 Mark Aitken, Sunday Mail

A PRIVATE firm hired to slash benefits are promising "a brighter future" to claimants whose payouts are stopped. Atos Healthcare are being paid £100million a year by the Tories to reassess people on disability and sickness benefits and drive them back to work.

They pay doctors up to £60,000 a year to assess whether claimants are fit to work. In a job advert for doctors, they claim: "You could make the difference that gives someone on incapacity benefit a brighter future." The advert, published on the British Medical Journal website, adds: "It's a vitally important role that aims to change lives for the better."

Labour MP Tom Greatrex, who has campaigned on the issue, branded the ad as "insulting". The Rutherglen and Hamilton West MP said: "The Tory-led government need to get a grip on Atos as a matter of urgency. "This advert is an insult to the thousands of people across the country who have been let down by the shambolic way Atos conduct their assessments.

"The idea that Atos are giving people on incapacity benefit a brighter future would be laughable were it not causing so much distress and pain to those who have been unfortunate enough to go through the process of their assessments."Rather than advertising for more highly paid staff, the Tory-led government should demand Atos sort themselves out, so their assessments are fair and reasonable."

Last week, the Sunday Mail revealed bungled rulings were costing taxpayers £50million. Around 30,000 people appealed against their decisions, with 40 per cent of them successful, which has cost the government around £50million. But UK employment minister Chris Grayling has admitted no money has been claimed back from the firm for poor medical advice.

An Atos spokeswoman said: "We have no comment on the advert."

Chemo patient's despair at ruling : Maggie Mackay was assessed by Atos as "fit to work" when she was still recovering from chemotherapy. The 51-year-old, from Glengarnock, Ayrshire, was a furniture restorer before breast cancer stopped her in her tracks.

She had radiotherapy, chemotherapy and surgery but was then assessed as being to fit to work by Atos and taken off disability benefit. Maggie, who bravely took part in our Breast Cancer Care Fashion Show last year, has launched an appeal.

She said: "Two weeks ago I had more surgery as my scar was not healing properly. My side effects include fatigue, not being able to sleep, very sore bones and memory loss. "The young woman didn't seem interested. I can't squat because I have two slipped discs."But she wrote in her report that I could squat. She made out I was perfectly fit and healthy. "Everything you say is twisted to make out that you are fit for work. I now have £8 a day to live on."

Enough to make you sick: Government urged to claw back millions from contractors after they wrongly assessed thousands on disability benefits

Jul 10 2011 Mark Aitken, Sunday Mail

BUNGLED rulings by the private firm deciding whether benefit claimants are fit to work are costing taxpayers £50million, we can reveal. The Government have been urged to claw back millions from the contractors after they wrongly assessed thousands on disability benefits.

Atos Healthcare is being paid £100million a year by the Tories to reassess people claiming disability and sickness benefits. But around 30,000 people appealed against their decisions, with 40 per cent of them successful, which has cost the government around s50million.

The Department for Work and Pensions' contract with Atos allows it to recoup money from the firm for poor medical advice. But UK employment minister Chris Grayling has admitted not a single penny has been claimed back.

Quizzed by Labour's Tom Greatrex, he said Atos "have met all of their targets for medical advice". Greatrex, MP for Rutherglen and Hamilton West, said: "The Toryled Government's failure to provide the taxpayer value for money is disgraceful and the attitude of the minister responsible for this defies belief.

"To suggest Atos has met its targets when it is needlessly costing the taxpayer millions is unacceptable. "It is astonishing that the Government did not recoup a single penny of taxpayer money from Atos, despite its obvious failings.

"At a time when the welfare budget is being slashed by billions, many people will be surprised that the government is not demanding repayment from a multi million pound international organisation. "The Government is very quick to demand money back from welfare recipients who don't live up to their responsibilities. They should do likewise with Atos."

DWP's contract with French owned Atos allows the government to "apply financial remedies" where the firm has "failed to meet contractual targets". A dwp spokeswoman said: "If a decision is overturned at appeal, it does not necessarily mean that the original decision was inaccurate. "Often, customers produce new evidence at their appeal." Atos said it had nothing to add to the DWP's statement.

We revealed in March how Glasgow GP Margaret McCartney went undercover at an Atos recruitment evening. She was told: "You are not in a typical caring role. This isn't about diagnosing. We don't call them patients. We call them claimants."

Campaigners attack drive to block benefits appeals as decisions get overturned

Jan 1 2012 By Mark Aitken, Sunday Mail

A FIRM employed by the Government to weed outbenefit cheats are losing more than two thirds ofthe appeals against their decisions. Controversial French company Atos are paid £100million a year to get people off disability and sickness benefit.

But Citizens Advice Scotland (CAS) have revealed that 69 per cent of people they represented at tribunals have won their appeals. Heart attack and lung disease victims are among those Atos have assessed as being well enough to look for jobs.And figures from parliament records show appeals will cost the taxpayer £60million this financial year alone. Incredibly, Atos will not be penalised for their abysmal performance.

CAS head of policy Susan McPhee said: “If the Government want to cut down on fraud and help people into work, we support that. “But with this system, they aretargeting many people who aregenuinely sick and unable to work. They are removing their income and plunging them into poverty. “Our advisers are overwhelmed by people who have been found ‘fit for work’ by the Employment Support Allowance (ESA) assessment when they are not. “Almost 70 per cent of these people who are helped by CAS have their assessment overturned at appeal – which shows how poor the system is and how many people are wrongly caught out by it.”

The figure is based on a sample of 269 ESA tribunals in 2010-11 – with 185successful. Figures obtained by Rutherglen and Hamilton West MP Tom Greatrex show there were more than 166,000 appeals against ESA decisions in 2010-11, costing the taxpayer £40million. And from April to August this year, there were almost 80,000 appeals,costing £19.1million. This means the bill for 2011-12 could be £60million.

Greatrex said: “I know from the Citizens Advice centres in my constituency the amount of time and resources taken up by helping some of the most vulnerable people navigate their way through this tortuous system. “These aren’t people trying to fiddle the system – they are constituents who suffer from serious illnesses such as Parkinson’s and cancer. “The rapid rise in cases Citizens Advice dealt with in the last year clearly shows there is a problem.

“The way to save money, reduce the backlog of appeals and lessen the huge burden on Citizens Advice is not to hire more judges or move to a six-day week at the Tribunal Service, as the Government are doing. “They must reform the Work Capability Assessment so it is fair and gets decisions right first time round.”

A Department for Work and Pensions spokeswoman said: “The reassessment of incapacity benefit claimants is pressing ahead on time and as expected.” Atos declined to comment.

Thursday, January 12, 2012

Record £1/2million Breach of the Peace ‘VENDETTA’ trial of anti-abuse campaigner set for next week, Angiolini to appear as witness ?

Former Lord Advocate Dame Elish Angiolini set to appear in trial of anti abuse campaigner Robert Green SCOTLAND’S most expensive ever Breach of the Peace trial against the well known anti-abuse campaigner Robert Green, a case which has so far cost taxpayers a staggering HALF A MILLION POUNDS, having already seen FOURTEEN COURT HEARINGS, 16,000 travel miles for the accused, trips by Grampian Police Officers to England to search & raid homes & seize property including computers & documents, Crown Office staff being flown into Aberdeen especially for the case, and a witness list which has varied in numbers and currently totals SIXTY ONE persons is set to begin at Stonehaven Sheriff Court next week 16 January 2012 in front of Sheriff Principal Edward Bowen

However, it is still unclear at this late stage whether the person described as the central witness to the entire case, former Lord Advocate and now Dame Elish Angiolini DBE QC will be called to appear to answer questions about the peculiar circumstances of the charges against Mr Green, arising from an incident where the anti-abuse campaigner visited Aberdeen in February 2010 to hand out leaflets detailing the allegations in the case of Hollie Greig, a downs syndrome girl who is alleged to have been abused by an Aberdeen based paedophile gang.

While it has been reported Mr Green is insistent on calling the former Lord Advocate in his defence, a move described by legal insiders as “a must, given her role in the affair”, it has now become clear that defence QCs acting for Robert Green have on each occasion refused to add Angiolini to the witness list, and when instructed to do so, they had immediately withdrawn from acting for Green, leaving him without legal representation for the trial.

Writing on his blog in an article last week, Robert Green said in relation to a meeting with his defence QC : “I had made it clear that Elish Angiolini is probably the most important witness for the defence and must be called. However, after deliberations, Senior Counsel Gary Allen QC felt that Angiolini`s appearance in the witness box would prove damaging to the defence, on the grounds that she would refuse to answer questions that may incriminate her and in that, her position would be supported by the sheriff.”

“I stated that whilst I had never held any great expectation of Angiolini breaking down under cross-examination and confessing, I considered it valuable both to the defence and in the public interest for her to be seen in court, failing to answer pertinent questions about her conduct in public office in connection with both my case and that of Hollie. It has been her failings and private interventions with the media, using public funds, that led to me taking the course that has resulted in the prosecution that she in fact personally authorised. Thus I regard her as a key witness. I also failed to see how Angiolini being cross-examined could possibly harm the defence.”

“As a result of our difference of opinion, we have mutually agreed that I would be best served by instructing another Senior Counsel to represent me. I accept that Mr Allen and Junior Counsel, who supported his view, were acting professionally in what they deemed to be my best interests and there is hence no ill will of any kind. It is just that an impasse was reached on a single important issue that could not be resolved. My solicitor will try to find a new team to represent me in the future, but it must be on the fundamental basis that Elish Angiolini is called as witness for the defence. I will not accept any deviation from that position.”

Commenting on the debacle over calling Angiolini as a witness, a key Scots legal figure today branded the saga as outrageous, saying “..there should be no reluctance on anyone’s part to call an individual as a witness, no matter what position they previously occupied in the justice system”. He said the former Lord Advocate “had no immunity from justice and should appear if called as a witness”.

Meanwhile a note prepared by Sheriff Principal Bowen over his refusal to grant the defence its request to call Procurator Fiscal Stephen McGowan as a witness has emerged, and can be viewed online here : Sheriff Principal Bowen note - PF Stephen McGowan excused from witness testimony. The decision to excuse Mr McGowan from being cross examined by Mr Green’s defence team has raised eyebrows in legal circles, with some expressing their opinion the decision violates Mr Green’s right to a fair hearing under Article 6 of ECHR.

Serious questions also remain about the fairness of any prosecution against Mr Green after it emerged Crown Office officials had privately briefed a tabloid journalist to expect Mr Green to plead guilty at an earlier hearing, a matter reported by Scottish Law Reporter in an earlier article HERE.

The journalist reported he had attended a November hearing of the case at Stonehaven Sheriff Court on the basis he had been told by Crown Office officials Mr Green was to plead guilty to the Breach of the Peace Charge. The journalist indicated he had been assured “a deal had been worked out for the accused to plead guilty”. However, when the hearing took place in November at Stonehaven, Mr Green rejected the prosecution’s efforts to force a guilty plea which then suspiciously resulted in the withdrawal of Green’s legal team which included Francis McMenamin QC.

The tabloid journalist has confirmed to colleagues he spoke to individuals who attended the November hearing before it began. However after it became clear there was to be no guilty plea the journalist left the court as soon as possible without speaking to anyone else. A legal insider verified the journalist’s account of matters to Scottish Law Reporter. Alarmingly, the insider also claimed a transcript of a draft Press Release to be issued if Mr Green had entered a guilty plea has now been destroyed.