Executive plans judicial revamp

SCOTLAND'S most senior judge is to be put in overall charge of the judicial system under draft legislation published by the Executive yesterday.

The Judiciary (Scotland) Bill would also modernise the machinery for sacking judges and sheriffs on the grounds of unfitness for office.

Under the proposals, they would be investigated by a tribunal chaired by a judge and containing a lay element.

"The public expect a certain standard of conduct from the judiciary and we believe having a lay member on the tribunal would give the public greater confidence in the judicial system," said the Executive.

This tribunal would make a recommendation to ministers and an order would ultimately be made by parliament.

The change was opposed by the Sheriff's Association, which argued for no change in the present system - under which investigation is carried out not by a tribunal but by two senior judges.

Scotland's current senior judge is Lord Hamilton, the Lord President of the Court of Se ssion.

The proposals have no chance of being passed before the May election but the justice minister, Cathy Jamieson, said they provided "options for action" by a future administration.

The reforms include a statutory guarantee of judicial independence, putting the judicial appointments board on a statutory footing, and giving the Lord President a new role as head of a unified Scottish judiciary.