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   Web Issue 3149 May 16 2008   
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New law could let inquiry study spoiled ballot papers
KEVIN SCHOFIELDMay 30 2007


The Scotland Office has indicated that it is willing to change the law to let the Holyrood election inquiry see the thousands of ballot papers which were spoiled on May 3.

Concerns have been raised that the inquiry, under the leadership of the Canadian election expert Ron Gould, may be toothless because it has no statutory powers to order the release of the 142,000 discarded ballots.

But The Herald has learned that the Scotland Office would be willing to introduce a piece of secondary legislation at Westminster which would allow the spoiled papers to be made available.

A spokesman for the Scotland Office said: "It's not for the Scotland Office to comment on the form the independent review should take.

"We have repeatedly stated we will co-operate with the review and will deal thoroughly with any requests as and when they emerge."

Meanwhile, a lawyer who attempted to raise a court action against the result of the election in the Glasgow regional list today says only the very rich are able to pursue such a case under the current legal set-up.

Mike Dailly, principal solicitor at Govan Law Centre, believes either the Greens or Tommy Sheridan's Solidarity could have gained an extra seat in the city but for the confusion which surrounded the ballot papers.

Under the Representation of the People Act, a candidate or voter is able to challenge the result of a parliamentary election by petitioning the Court of Session within 21 days - a deadline that expired last week.

Writing in The Herald today, however, Mr Dailly describes that right as "illusionary" because the Legal Aid board will not provide financial assistance for such cases.

Democracy is loser Page 15


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Posted by: Ray Forman, Ayrshire on 12:18pm Wed 30 May 07
Dear , dear the lawyers will have to find some other scam to extract money from the public purse. It could have been a good one and brough in more millions. Thankfully another abuse of Legal Aid avoided.
Posted by: Margaret, Glasgow on 3:50pm Wed 30 May 07
Ray that is a supercilious and odd point to try and score. If mistakes resulted in an election producing a false result are you saying we should turn a blind eye and do nothing? What would that say for democracy? Or does no principle matter when it comes to have a cheap swipe at all and any lawyers?
Posted by: Scott, Ayr on 7:04pm Wed 30 May 07
Mike Dailly, principal solicitor at Govan Law Centre, believes either the Greens or Tommy Sheridan's Solidarity could have gained an extra seat in the city but for the confusion which surrounded the ballot papers.

This speaks volumes for the intelect of those who voted Solidarity.
They cannot even read the Ballot Paper correctly.
Lets have all elections like this, if it keeps out the likes of Sheridan and Kane in future. They where a disgrace to the parliament.
Yes, it may have given another vote to Sheridan or whoever. This in turn might have given Labour, power. But at what cost?. With these loony socialists making a mockery of the parliament. No thanks.
I am sad that Labour lost. But at least the SNP are sensible politicians. Not criminals who where happy to go to jail week after week.
Posted by: Yok Finney, Ross-shire on 10:54pm Wed 30 May 07
I found the SSP to the most effective group in the previous parliament from their scant resources compared to other plodding parties. Socialism has a wide support the length and breath of Scotland. Do you not like the idea of workers owning the means of production? Do you prefer asset strippers and £1,000,000 CEOs from Britain's merger mania which strips companies of engineers and technicians and any decent service at all to the customer, then hikes up prices for this deteriorated service?

A period outside Parliament should help socialists get their act together. When Tommy couldn't lead his own party, no wonder he got no votes.
Posted by: Jo, Glasgow on 11:43am Thu 31 May 07
I am not comfortable with ballot papers being released in any circumstances. It creates a worrying precedent. As for Mike Dailly I would question who he is acting for and also ask if public money is being used in order to allow him to pursue this case. He is associated with the Labour Party so really I can't take him seriously and his own piece in the Herald today is very one-sided. Govan is a sewer when it comes to politics and the number of people who arrived to vote only to be told they had been registered for postal votes and knew nothing about this says it all really. Maybe he should ask for that to be investigated too if his true wish is to ensure the democratic process hasn't been sabotaged by that old Labour favourite, jiggery pokery. Just a thought.
Posted by: heavy, west coast on 2:19pm Thu 31 May 07
Mike Dailly has been for far to long the mouthpiece for the Law Society of Scotland and WE would trust very little of what he has to say about anything.

Anytime there has been an attack on corruption being used as sharp practice to defraud victims of Scotlands civil legal system Dailly has been defending the thugs who destroy Scots lives seemingly with impunity.

It should be for Political parties not LAWYERS to decide on what to do regarding the election fiasco engineered by the likes of Alexander and Darling maybe TWO of the most dangerous political gangsters the UK has ever seen.

They have both been involved in every BIG BROTHER scheme Blair and Brown have tried to initiate.Scots demand political systems that dont treat the electorate like cattle that have to be prodded and monitored with New World Order technology everytime they turn a corner.CCTV has already been shown to be illegal as to how in functions in the most monitored country in the world.

Maybe Dailly should be asking how we can be caught on CCTV everywhere we travel in cities yet when we get to the steps of our courts THEY STOP?
The very place that is supposed to ensure justice remains HIDDEN from view by those like Dailly who do not want what they do caught on camera.The most despotic civil courts anywhere in the world and Scots being ripped off by stealth and criminality on a grand scale.

LJPR LEGAL JUDICIAL POLITICAL REFORMERS
http://www.ljpr.info

CIVIL TRIAL BY JURY ANYTHING ELSE IS TYRANNY


Posted by: Rab The Man, WAS MY UNCLE on 4:44pm Thu 31 May 07

A change in the law is fine, in order to study the fiasco in better detail...........How
ever, is our Edinburgh government obliged to leave this to a Scotland Office with no-one on board elected by the Scottish People??
(I don't count the wee Alexander brother, who whatever else he is, wisnae voted in tae "govern" by the people of Scotland !!
Posted by: jean, Glasgow on 2:17pm Sat 2 Jun 07
Heavy, west coast - certainly not heavy in the brain stakes are you?

You attempt to trash folk like Mike Dailly because you hate lawyers? I presume you disregard the fact that Dailly has been taking on the UK banks - with many others - over unlawful bank charges for years and getting millions of pounds back for free for ordinary people?

What have you or you bunch of numpties done for anyone?

Jo - don't worry no-one can take you seriously either - you clearly are a wee bitter, twisted, fish wife. Get a joab missus and a life.
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