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   Web Issue 3306 November 23 2008   
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Review to assess impact of law change plans on judges’ time

Katrine Bussey

An independent review is to be held to determine what impact proposed new legislation would have on judges' time.

Ministers have put forward proposals aimed at strengthening judges' independence and modernising the running of the courts.

But members of Holyrood's justice committee - who have scrutinised the proposals - said they were concerned there was no independent assessment of the impact these could have on judges' time.

Yesterday Justice Secretary Kenny MacAskill announced that Douglas Osler, a former senior chief inspector of education in Scotland, had been charged with carrying out such a review.

He made the announcement as MSPs debated the Judiciary and Courts (Scotland) Bill.

Mr MacAskill described the legislation as a "package of reforms which will strengthen the judiciary as an institution and introduce a number of practical reforms to improve the way the system operates".

The bill proposes to give the country's leading judge, the Lord President, formal recognition as head of the Scottish judiciary.

The Lord President would also be given additional responsibilities, including some currently held by ministers. This could see him become responsible for matters such as the training, welfare and the conduct of the judiciary. The proposals also include modernising the machinery for sacking judges and sheriffs on the grounds of unfitness for office.

In addition the bill guarantees the continued independence of the judiciary in statute.

While concerns have also been raised about the administrative burden the reforms will put on the Lord President, Mr MacAskill said: "Care has been taken to ensure that the office of the Lord President will not be overburdened."


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