Letter: Unwarranted attack by First Minister

Professor Kelly has a wide experience in successful challenges of the government, especially on breaches of the European Convention on Human Rights (ECHR).

The gist of what is stated is that Scottish justice is being determined by judges based in England (albeit it is, I think, not disputed by the First Minister that Lord Hope is, in fact, not only Scottish, but held high judicial office in Scotland for many years).

The First Minister is also critical, for reasons that are not explained, of Professor Kelly, other than that he apparently represents successful litigants.

I am a practising advocate and care passionately about the rights of all citizens. The fact that someone has a right to certain rights does not mean that there is a consequent dilution of the rights of others. Thus, when the apparently "vile" Mr Beggs is held to have had his rights breached, it does not mean that someone else's rights have been diminished by that recognition.

The courts are empowered and expected to protect all citizens against abuses of their rights, including the "vile" ones referred to by the First Minister.

Professor Kelly is a lawyer of the highest calibre and recognised as such throughout the profession. The fact that he is consistent in his success of establishing that the Scottish Government and its agencies have been wrong in law should be seen as a credit to him and not a criticism.

He wins for one reason only: that he is able to establish in a court of law (and often in a Scottish court with a Scottish judge) that the government is wrong. If Mr Salmond does not like the message, he should not criticise the messenger.

It is important to bear in mind that, by definition, all criminal appeals in the Supreme Court consider whether decisions comply with the ECHR.

Such cases, including Cadder, were determined by reference to the ECHR and not by reference to English law.

If Mr Salmond wishes to suggest that Scotland should have no further compliance with the convention, which bits does he think should be ignored?

As a judge, Lord Hope has limited facility to respond to this wholly unwarranted personal attack. It is demeaning of the office of First Minister that he should engage in such behaviour.

Rather than firing insults at those who point out the inadequacies of the Scottish justice system, the First Minister would be better to spend his time fixing the deficiencies that cause that system to be subjected to criticism. Whether he likes it or not, the courts are there to stop abuses by government.

Or would he prefer that Scotland has a government that is beyond reproach? Perhaps he should make that clear before any referendum on independence.

Andrew Smith, QC

Advocates' Library

Parliament House

Edinburgh

Our First Minister, Alex Salmond, has stirred up a real hornets' nest with his blunt comments on the legal profession in Scotland and has perhaps overstepped the mark by making some more pointed and personal attacks.

While every individual in Scotland deserves legal representation, there are some very astute lawyers in Scotland who live a millionaire lifestyle thanks to our legal aid system. It is perhaps time that system should be reviewed to curb such opportunists and protect the public purse in our current economic straitjacket.

Dennis Grattan

Mugiemoss Road

Bucksburn, Aberdeen