Question reference: S6W-11031
- Date lodged: 29 September 2022
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Current status: Answered by Keith Brown on 20 October 2022
Question
To ask the Scottish Government whether it will provide details of any (a) internal and (b) external communications involving Scottish Ministers and officials regarding the functions and activities of Fitness for Judicial Office Tribunal proceedings that have taken place in Scotland under the procedure set out in the Act of Sederunt (Fitness for Judicial Office Tribunal Rules) 2015.
Answer
To date, there have been two Fitness for Judicial Office tribunals in Scotland. Both remain ongoing.
The Court Reform (Scotland) Act 2014 sets out that the First Minister, must, if requested to do so by the Lord President, constitute a Fitness for Judicial Office tribunal. Once constituted, under the Act of Sederunt (Fitness for Judicial Office Tribunal Rules) 2015, the process and procedure of the tribunal is a matter for the Lord President and the Chair of the tribunal and not Scottish Ministers.
Once the tribunal have made their decision, the First Minister will lay the tribunal’s report before the Scottish Parliament. Until such a time, it would not be appropriate to provide further details relating to these tribunals as the process is ongoing.