JC5 Justice Committee Judiciary and Courts (Scotland) Bill Written submission from the Sheriffs Principal The position of the Sheriffs Principal in relation to the Judiciary Bill may be summarised as follows: 1. We accept unreservedly the concept of the Lord President as Head of the Scottish Judiciary. In the course of drafting of the Bill we have made representations to officials as to the manner in which the relationship between the Lord President and Sheriffs Principal ought to be expressed. Although we still maintain some concerns in that regard we are now prepared to accept that the combined effect of the provisions of section 2(ii)(a); section 3; and section 44 (which amends section 15 of the Sheriff Court (Scotland) Act 1971) do not alter the existing arrangements whereby each Sheriff Principal is responsible for the efficient running of his Sheriffdom. We shall assist the Lord President whenever possible in fulfilling his responsibilities under section 2(ii)(d) of the Act (welfare, training etc) and whenever necessary in relation to section 2(ii)(e) (investigation of matters concerning conduct). 2. We maintain a concern relating to the constitution of the Judicial Appointments Board, in particular in relation to its ability to interview serving members of the Judiciary in a manner consistent with Judicial Independence. We understand that this is a matter which may be dealt with by others, including the Lord President. 3. In respect of Chapters 4 and 5, as those who have been responsible in practice for receiving complaints directed against the Sheriff Court judiciary we are well aware that in practice the number of complaints received is extremely small, and in a few instances simply come from disappointed parties. We entertain some concern that the creation of a “high profile” complaints procedure may have the effect of misleading members of the public into a belief that judicial decision making can be the subject of a complaints process outwith the proper appeal procedure. If, however, the view be that the establishment of a complaints tribunal with lay representation is in keeping with modem methods and transparency, we are not disposed to make representations against it. 4. We support in general terms the proposals for the Scottish Court Service and in particular the involvement of judicial members in the running of it. (As Convener of the Sheriffs Principal I have already served as a member of the Strategic Board of SCS and have no doubt of the value of judicial input at that level). In the light of the expression of these views, which are broadly supportive of the terms of the Bill, it may appear to the Committee that no representation on behalf of the Sheriffs Principal is necessary. I confirm, however, that if views are expressed by others in the course of evidence which have a bearing on the position of Sheriffs Principal in relation to the discharge of their functions I would welcome the opportunity of responding should the need arise. I further 1 JC5 confirm that I would be available to attend to give evidence on behalf of the Sheriffs Principal on either 18 or 25 March. Sheriff Principal Edward F Bowen QC Convener, Sheriffs Principal 2 .