Alison Di Rollo appointed Queen’s Counsel, three months after appointment as Solicitor General for Scotland

Solicitor General made a QC. THE new Solicitor General for Scotland – Alison Di Rollo has been appointed as Queen’s Counsel, fast tracked into a QC position three months after her appointment by First Minister Nicola Sturgeon to the number two legal post of Solicitor General at the Crown Office & Procurator Fiscal Service (COPFS).

Di Rollo fills the empty shoes of former Solicitor General Lesley Thomson - who was widely tipped to become Lord Advocate after the resignation of Frank Mulholland in May.

Thomson subsequently resigned her post, while Mulholland was moved up a peg by Lord Justice General Lord Carloway to the judicial bench – despite an on-going Crown Office “dirty money probe” into Mulholland’s brother - reported in the Sunday Mail newspaper.

The Scottish Government press centre states Alison Di Rollo was nominated by James Wolffe QC, the new Lord Advocate and former Dean of the Faculty of Advocates.

Alison Di Rollo was appointed Solicitor General for Scotland on 2 June 2016.

She joined COPFS in 1985, following a legal traineeship with the now defunct law firm of McGrigor Donald based in Glasgow.

Di Rollo worked in various PF Offices and Crown Office, before being appointed Deputy Head of the High Court Unit in Crown Office, and later Head of Operational Policy.

In May 2008 Alison was seconded from COPFS to take up an appointment as a Trial Advocate Depute and in February 2010 joined the COPFS National Sexual Crimes Unit.

Between January 2013 and January 2015 she was the Head of the National Sexual Crimes Unit and from January 2015 until taking appointment as Solicitor General Alison was a Senior Advocate Depute.

First Minister appoints James Wolffe as new Lord Advocate, Alison Di Rollo handed post of Solicitor General for Scotland

Faculty of Advocates boss Wolffe takes back post of Lord Advocate. FIRST Minister Nicola Sturgeon appointed James Wolffe QC and Alison Di Rollo as Scotland’s new law officers in charge of the Crown Office & Procurator Fiscal Service (COPFS).

James Wolffe QC, Dean of the Faculty of Advocates was appointed to the position of Lord Advocate, replacing Frank Mulholland QC who stepped down following the Scottish parliamentary election.

There is currently an on-going Crown Office “dirty money probe” into Mulholland’s brother - reported in the Sunday Mail newspaper.

Senior Advocate Depute Alison Di Rollo was appointed as Solicitor General, succeeding Lesley Thomson in a surprise move after legal insiders tipped Thomson to become Lord Advocate.

The Scottish Government’s Press Centre stated Ms Thomson, who was appointed to the post in 2011, “has informed the First Minister that she wishes to pursue new challenges” (lol – Ed).

The appointments were made by the Queen on the recommendation of the First Minister, with the agreement of the Scottish Parliament.

The appointments complete the First Minister’s newly-appointed ministerial team.

Speaking prior to Holyrood approval of the two new law officers, First Minister Sturgeon said: “I am extremely pleased to recommend the appointments of James Wolffe and Alison Di Rollo as Scotland’s senior law officers.

“James has an outstanding legal background and extensive experience at all levels, including the House of Lords, the Judicial Committee of the Privy Council, the Supreme Court of the United Kingdom, the European Court of Human Rights and the Court of Justice of the European Union.

“Alison led the work of the ground-breaking National Sexual Crimes Unit (NSCU) for three years, having previously held the role of deputy. Her outstanding leadership in this most sensitive of areas has inspired confidence in all connected to it.”

James Wolffe said: “I thank the First Minister for nominating me to the office of Lord Advocate. If I am appointed, it will be a great privilege to serve Scotland in that role.”

Alison Di Rollo said: “I am both delighted and honoured to be nominated for this role by the First Minister and I am looking forward to working with James in his new role.”

The First Minister thanked both Frank Mulholland QC and Lesley Thomson QC for their service in the roles.

She said: “In his time as Lord Advocate, Frank has made a substantial contribution to both the law and to Scottish society. The creation of the National Sexual Crimes Unit was just one example of the increased specialisation of the Crown Office that Frank Mulholland presided over. In her role as Solicitor General, Lesley’s work, particularly around domestic abuse, was pivotal in moving towards a system that instils confidence in victims of abuse and ensures that their abusers are held to account. I thank both Frank and Lesley for their dedicated service to the Government, to justice and to Scotland as a whole.”

Biographies

James Wolffe QC is a leading Senior Counsel. He became an advocate in 1992 and took silk in 2007. In 2014 he was elected Dean of the Faculty of Advocates. He was First Standing Junior Counsel to the Scottish Ministers from 2002 to 2007, and served as an Advocate Depute from 2007 to 2010. He has extensive experience of both commercial and public law. He is a member of the Faculty Dispute Resolution Service and was also called to the bar of England & Wales in 2013.

Alison Di Rollo is a Senior Advocate Depute. She joined the Crown Office and Procurator Fiscal Service in 1985 as a fiscal after a legal traineeship at now defunct Glasgow law firm McGrigor Donald .

Ms di Rollo then worked in the Policy Group at the Crown Office prior to being appointed Deputy Head of the High Court Unit and later Head of Operational Policy. In May 2008, Ms Di Rollo was seconded from COPFS to take up an appointment as a trial advocate depute. She was appointed as deputy head of the National Sexual Crimes Unit in 2011 and became head of the unit in January 2013.
Notes to editors

The Lord Advocate is a Minister of the Scottish Government and acts as principal legal adviser, but decisions by him about criminal prosecutions and the investigation of deaths are taken independently of any other person. In that way, he is not subject to the ordinary rules about collective ministerial decisions.

The Solicitor General is the Lord Advocate’s number two. She assists the Lord Advocate to carry out his functions. She is also a Minister of the Scottish Government.

First Minister says allegations involving struck off solicitor relating to property deals of SNP MP Michelle Thomson are “unacceptable if true”

First Minister at FMQs on claims about MP’s property deals. SCOTLAND’S First Minister told MSPs yesterday that allegations against an SNP MP would represent "completely unacceptable" behaviour if they are proven to be correct.

MP Michelle Thomson (SNP,Edinburgh West ) has been linked with property deals involving a solicitor – Christopher Hales - who has since been struck off by the Scottish Solicitors Discipline Tribunal (SSDT) in connection with 13 transactions in 2010 and 2011.

Speaking at First Minister's Questions, Ms Sturgeon said: "I said yesterday, I have said again today: the SNP had no prior knowledge of these issues.

Scottish Labour leader Kezia Dugdale said the issue was also a "moral matter" which she said had resulted in "vulnerable people being taken advantage of, as their homes are snapped up at knockdown prices".

Ms Sturgeon again insisted that she knew nothing of the allegations until they were reported by the Sunday Times.

She said: "I am in no doubt whatsoever in my mind that if the allegations - and again I stress the word allegations - are proven to be correct, they will represent behaviour that I find completely unacceptable."

The First Minister said it would be "unfair and inappropriate" to judge someone who maintains their innocence while an investigation was still ongoing.

She added: "But when we have all of the facts, when the investigation is concluded, I will take whatever decisions and whatever actions I deem necessary, but those decisions will be driven by facts and not by insinuation and the attempts of opposition parties to stir up political trouble and difficulty."

Ms Sturgeon also said it was "ridiculous" to suggest the SNP would allow a candidate to be put forward for election knowing there were "serious problems" over their integrity.

She added: "Our vetting procedures as a party are robust but we keep them under review, as I would hope every political party does.

"While we make all reasonable checks and ask all reasonable questions, by definition it is not reasonable to expect that matters of which we have no knowledge can be investigated."

First Minister's Questions re Michelle Thomson Scottish Parliament 1st October 2015

But Ms Dugdale accused the SNP leader of "running away" from Ms Thomson, who was the SNP's Westminster spokeswoman for business, innovation and skills and was heavily involved with the pro-independence Business for Scotland group ahead of last year's referendum.

She also said Ms Thomson had for the past two years "been right at the heart of everything the SNP stands for".

Ms Dugdale added: "I am not asking the first minister to comment on the specifics of a live investigation because I accept that criminal matters are for the police.

"But this is also a moral matter, and I would expect her to comment on that. What we have here is vulnerable families losing out for the financial gain of others.

"Vulnerable people being taken advantage of, as their homes are snapped up at knockdown prices. Can I ask the first minister, does she agree with me that profiteering from vulnerable families is just plain wrong?"

Ms Sturgeon responded: "Kezia Dugdale, although she disagrees with me, as she is entitled to do on a whole range of issues, I hope would accept that my commitment to social justice, and helping vulnerable people, like her's, is beyond any question."

Conservative leader Ruth Davidson questioned whether it was "believable" that no one in the SNP knew about the allegations.

She said: "We already know that the Crown Office and Police Scotland were asked whether they would investigate this case in July of last year.

"We know that the Law Society raised with the Crown Office in December.

"We know that journalists have been investigating it all summer and we know that the police were called in nearly three months ago.

"Yet the first minister is asking us to believe that nobody in the SNP, the party of government, from the constituency in Edinburgh West right up to the chief executive to the leader herself, knew anything about this until they read it in the paper almost two weeks ago."

In the decision issued by the Scottish Solicitors Discipline Tribunal (SSDT) which struck off Christopher Hales from the solicitors’ roll, the Tribunal came to a view “the solicitor must have been aware there was a possibility he was facilitating mortgage fraud.”

The decision stated: “The Tribunal had no hesitation in making a finding of professional misconduct. There were numerous breaches of the CML Handbook in respect of 13 different transactions involving an ongoing course of conduct which continued for a period of over one year. The Tribunal has made it clear on numerous occasions that institutional lenders are clients of Respondents in the same way as any other clients and are owed the same duties of care. The CML Handbook has been instituted to help prevent mortgage fraud and emphasise the reporting duties on the part of solicitors. In this case the Respondent had a clear duty to report the back to back transactions, cash backs, increases in prices and deposits being provided by a third party to the lender. These matters would have been very likely to have had a material effect on the lender's decision to lend. The Tribunal consider that the features of these transactions were such that the Respondent must have been aware that there was a possibility that he was facilitating mortgage fraud, whether or not this actually occurred. He generated fees on the basis of allowing this to occur. It must have been glaringly obvious to the Respondent that something was amiss when cash backs of £27,000 or £28,000 from the seller to the purchaser were involved.”

“There were so many breaches of the CML Handbook in these cases that the Respondent would have known that he did not have his client's authority to draw down the funds and accordingly the Tribunal also found it a breach of Rule 6 of the Accounts Rules. The Tribunal considered that not only did the Respondent fail to act in the best interests of his lender clients but he failed to act with the utmost propriety towards these lender clients. This is extremely damaging to the reputation of the legal profession.”

“The Tribunal took account of the Respondent's responses contained in the Executive Summary Report but did not consider that these provided any satisfactory explanation for what had happened. The Tribunal note that the Respondent has ceased practice and took account of the fact that the Respondent had cooperated by admitting the averments of fact, duty and misconduct. The Respondent however did not attend at the Tribunal to provide any mitigation in person.”

“In the whole circumstances, given the ongoing course of conduct, the large number of transactions involved, the Respondent's knowledge of the central role of Mrs A and Company 3, which should have set alarm bells ringing and the fact that this type of conduct is likely to bring the profession into disrepute, the Tribunal considered that it had no option other than to strike the Respondent's name from the Roll of Solicitors in Scotland.”

Prosecutors have instructed police to carry out an investigation into "alleged irregularities" relating to property deals in the year 2010/11 after the case was referred to the Crown Office by the Law Society of Scotland.

The society said concerns over potential criminal matters relating to the tribunal's findings were first raised "informally" with the Crown Office in December 2014, and then "formally" in July this year.

Ms Thomson's solicitor, Aamer Anwar, said in a statement released ahead of FMQs: "Michelle Thomson maintains that she has always acted within the law.

"In the interests of her constituents and her party she thought it best if she voluntarily withdrew from the party whip.

"There was no requirement for her to do so, even though she knew it would automatically lead to her suspension from the party. She did so in order to clear her name and return as quickly as possible to frontline politics.

"To that purpose we have contacted Police Scotland at Mrs Thomson's request advising them of her wish to assist with their investigation if, or when, they wish to speak to her."

The struck off solicitor, and the MP who ‘took advantage’ of homeowners - Michelle Thomson - the SNP Member of Parliament with 17 homes

Lawyer involved in property deals with Michelle Thomson - was struck off by tribunal. A SOLICITOR - Christopher Hales, who acted for Edinburgh West MP Michelle Thomson and her husband in multiple property deals, has been struck off for professional misconduct over his part in 13 deals involving Ms Thomson or M&F Property Solutions, of which she was a partner.

Michelle Thomson, the party’s shadow minister for business, innovation and skills, has been accused of taking advantage of vulnerable families by building a property portfolio worth about £1.7 million by buying homes at knockdown prices from families struggling to pay their mortgages.

Hales, who once listed his occupation as “Police Constable” – and is now struck off by the Scottish Solicitors Discipline Tribunal from working as a solicitor - handled numerous property deals for his client – SNP MP Michelle Thomson. Mr Hales acted for Ms Thomson before she was elected as an SNP MP.

According to a ruling by the Scottish Solicitors’ Discipline Tribunal, a full version of which has been published by the Sunday Times, Mr Hales failed to provide key information to mortgage lenders in breach of guidelines designed to prevent fraud in numerous cases.

The decision to strike off Christopher Hales came to a view “the solicitor must have been aware there was a possibility he was facilitating mortgage fraud.”

The decision stated: “The Tribunal had no hesitation in making a finding of professional misconduct. There were numerous breaches of the CML Handbook in respect of 13 different transactions involving an ongoing course of conduct which continued for a period of over one year. The Tribunal has made it clear on numerous occasions that institutional lenders are clients of Respondents in the same way as any other clients and are owed the same duties of care. The CML Handbook has been instituted to help prevent mortgage fraud and emphasise the reporting duties on the part of solicitors. In this case the Respondent had a clear duty to report the back to back transactions, cash backs, increases in prices and deposits being provided by a third party to the lender. These matters would have been very likely to have had a material effect on the lender's decision to lend. The Tribunal consider that the features of these transactions were such that the Respondent must have been aware that there was a possibility that he was facilitating mortgage fraud, whether or not this actually occurred. He generated fees on the basis of allowing this to occur. It must have been glaringly obvious to the Respondent that something was amiss when cash backs of £27,000 or £28,000 from the seller to the purchaser were involved.”

“There were so many breaches of the CML Handbook in these cases that the Respondent would have known that he did not have his client's authority to draw down the funds and accordingly the Tribunal also found it a breach of Rule 6 of the Accounts Rules. The Tribunal considered that not only did the Respondent fail to act in the best interests of his lender clients but he failed to act with the utmost propriety towards these lender clients. This is extremely damaging to the reputation of the legal profession.”

“The Tribunal took account of the Respondent's responses contained in the Executive Summary Report but did not consider that these provided any satisfactory explanation for what had happened. The Tribunal note that the Respondent has ceased practice and took account of the fact that the Respondent had cooperated by admitting the averments of fact, duty and misconduct. The Respondent however did not attend at the Tribunal to provide any mitigation in person.”

“In the whole circumstances, given the ongoing course of conduct, the large number of transactions involved, the Respondent's knowledge of the central role of Mrs A and Company 3, which should have set alarm bells ringing and the fact that this type of conduct is likely to bring the profession into disrepute, the Tribunal considered that it had no option other than to strike the Respondent's name from the Roll of Solicitors in Scotland.”

 Solicitor in Thomson's house deals struck off

Sunday Times 27/09/2015

Mark Macaskill ; Jon Ungoed-Thomas

NICOLA STURGEON'S frontbench spokeswoman on business has been involved in a series of property deals exposed as possible mortgage fraud, according to a public ruling.

Michelle Thomson, the Edinburgh West MP and Scottish National party's shadow minister for business, innovation and skills, was involved in the suspect deals in 2010 and 2011. Many of the vendors were "distressed" and anxious to sell. Thomson has strongly denied any wrongdoing.

The solicitor, Christopher Hales, who acted for Thomson, was struck off last year for professional misconduct over his role in the deals.

All of the 13 transactions for which Hales was struck off involved Thomson or the property venture M&F Property Solutions, in which a tribunal stated she was a partner.

The 53-page Scottish Solicitors' Discipline Tribunal ruling states the "central role of Michelle Thomson and M&F Property Solutions in a number of these transactions should have set alarm bells ringing". A redacted version of the ruling was published last year but released in full to The Sunday Times last week.

It said Hales "must have been aware that there was a possibility he was facilitating mortgage fraud, whether or not this occurred". In some cases loans obtained for the properties were greater than the actual purchase price. Hales failed to provide the mortgage company with key information that is used to prevent fraud.

The correct facts — if they had been provided to the lender — may have had "a material effect on the decision to lend", the tribunal ruled.

The Sunday Times revealed last week that Thomson and her husband, Peter Thomson, a music teacher, had built up a property portfolio, worth about £1.7m according to Registers of Scotland documents, by buying homes at knockdown prices from families in financial hardship.

It also reported claims from families of discrepancies on the land registry, alleging that the price on official records was higher than the amount received by vendors. Peter Thomson, who bought some of these properties, denies any wrongdoing and official documents show vendors confirmed the sale values.

The Law Society of Scotland said last week it was examining the property transactions detailed by this newspaper's investigation. It can prosecute cases before the Scottish Solicitors' Discipline Tribunal. A tribunal document also confirmed Michelle Thomson's role in mortgage deals set out at the disciplinary hearing against Hales, a former partner at Grigor Hales in Edinburgh, in May last year.

In one of the deals, Sarah Capper, 77, responded to a newspaper advertisement to sell her three-bedroom home in Stirling in the autumn of 2010. Capper says she had bought it for £79,000 about two years previously and spent £50,000 on refurbishments, including a new kitchen and a conservatory.

Capper, who has two sons, three grandchildren and two great-grandchildren, was being treated for skin cancer, which is now in remission, and was anxious to return to England to be near her family. She was offered £64,000 for the house by Frank Gilbride, a former journalist who was a business partner of Thomson.

Capper reluctantly accepted the offer and the house was sold to Gilbride on November 19 2010. On the same day Michelle Thomson bought it from Gilbride for £95,000, but she then received a "cashback" from Gilbride of £28,181.80.

Hales, Thomson's lawyer, did not inform the lender — The Mortgage Works — that the property had been bought and sold in a "back-to-back" transaction and that Thomson had got it at a discount, because of the cashback.

The tribunal ruled that it must have been "glaringly obvious" to Hales that something was "amiss".

Capper, a widow who now lives in Henfield, West Sussex, said last week she wanted an explanation of why Gilbride and Thomson had bought and sold her house on the same day with a £31,000 mark-up.

She said: "I am livid. My daughter-in-law had told me not to accept the offer, but I had to do it. I sold it to get back to England and see my family.

"I had cancer, and I had no one to fall back on. I could have got a lot more money if I had gone to an estate agent. I am struggling now."

In June 2010 Michelle Thomson bought a three-bedroom terraced house near Aberdeen for £245,000 and sold it a few hours later to someone she knew for £315,000.

The tribunal ruled that the quick sale — or "back-toback" transaction — was not disclosed by Hales to the mortgage lender, contrary to the Council of Mortgage Lenders Handbook.

Experts say back-to-back transactions by two parties operating together can be used to secure a larger mortgage than would otherwise be available. It can also reduce tax, by recording a higher price on the land registry than was actually paid. It means when the property is later sold, the profit — which is subject to capital gains tax — may be understated by thousands of pounds.

In 10 of the other deals for which Hales was struck off, M&F Property Solutions, in which both Thomson and Gilbride were partners, provided deposits to other homebuyers.

The tribunal said Hales should have told their lenders that some of the funds were "not provided by the purchaser".

The tribunal ruled that it had no other option than to strike Hales from the register, the most severe sanction at its disposal.

It said his actions had been "extremely damaging" to the reputation of the legal profession. The Mortgage Works, which provided a loan for Thomson for Capper's home, would not say whether it was investigating the matter, but said solicitors were required to warn them of any back-toback transaction.

Thomson, 50, trained as a musician at the Royal Scottish Academy of Music and Drama but later embarked on a business and property career. Her husband teaches music at St George's School for Girls, a private school in Edinburgh.

Last month her email address appeared on the list released by hackers of the infidelity website Ashley Madison. She said the email address was out of date and that she was the victim of a smear.

Registers of Scotland records show at least 17 homes in Scotland are owned by Thomson, her husband or the couple jointly. The Thomsons say they operate to the highest ethical standards, and that they provide support and advice for struggling families.

Sandra and Garry Kelly, who sold their Edinburgh home to Peter Thomson in 2009, said they intend to lodge a complaint with the Scottish Legal Complaints Commission. The couple say they were offered £73,000 by an intermediary for their home, but legal papers say the price to be paid by Peter Thomson was £105,000.

Sandra Kelly said she signed this document because she was told it was a condition of the sale, but insists the actual price was £73,000.

A spokesman for Michelle and Peter Thomson said land registry documents showed that the Kellys had acknowledged receipt of the sum of £105,000 for their property. The spokesman previously said the Thomsons "vigorously deny any allegation of wrongdoing or impropriety".

A spokesperson for Michelle Thomson said: "Michelle has always acted within the law and will be giving no further comment."
Gilbride did not respond to a request for comment. Hales was not available for comment.

A spokeswoman for the Law Society of Scotland said: "The Law Society is considering the information it has received and which has been reported in The Sunday Times."

Data shows ConDems Bedroom Tax linked to increase in rent arrears all over Scotland

The UK Government’s “disastrous” welfare reform programme has led to a rise in rent arrears and a rise in emergency housing payments across local authorities, Deputy First Minister Nicola Sturgeon said today.

New data collected by the Scottish Government and COSLA shows that UK Government changes to housing benefit have added significant financial pressures on Scottish councils.

The research showed that all, but one, of Scotland’s local authorities with housing stock, had seen an increase in rent arrears. Three quarters of councils said that the bedroom tax is directly responsible for the increase in arrears.

Of that rent now due to be collected from tenants affected, 60 per cent of councils reported receiving 40 per cent or less and 80 per cent of councils reported receiving 50 per cent or less (based on responses from 20 of the 26 councils with their own housing stock).

Ms Sturgeon said that it was ‘absolutely imperative’ that the DWP review and evaluate the impact of their welfare reforms as a matter of urgency.

Last month, research showed that local authorities had received 22,000 requests for emergency Discretionary Housing payments by the end of May.  Nineteen local authorities saw a 400 per cent rise compared to the same period last year. And by the end of May, 22 per cent of the £10 million funds made available in Scotland for DHPs by the Department for Work and Pensions had been allocated.

Ms Sturgeon said: “This new data shows a drastic increase in the number of people applying for emergency funding to help them deal with the impact of the UK disastrous welfare reform programme.
“Local authorities across Scotland are having to deal with the appalling aftermath of the bedroom tax, which is hitting our most vulnerable citizens, including a high proportion of disabled people, extremely hard in these challenging economic times.

“The Scottish Government and COSLA have had little indication from the UK Government about how they intend to review the impact of the bedroom tax to date - even though it is clear from this research that it is driving up rent arrears and requests for emergency funds.

”That is why we have made a commitment to the people of Scotland that we will scrap the bedroom tax following a successful referendum vote next year. This will be done within a year of independence and we will have the practical arrangements in place to ensure that this happens.

“Working with our partners in local government we have provided £40 million to protect households from the 10 per cent cut in successor arrangements to Council Tax Benefit. We have also allocated funding to support people affected by the bedroom tax with an additional £7.9 million for advice and support services, of which £2.5 million is ring fenced for social landlords.

“We cannot mitigate the full impacts of the UK Government’s cuts to the welfare system without full powers over welfare or access to all our resources – but we will continue to oppose the bedroom tax. It is unfair and divisive policy that hit some of our most vulnerable groups hardest, and it undermines and jeopardises the work this Government is taking forward to create a fairer, more successful, and prosperous Scotland.”

‘Too ill to work’ yet Ex-SLCC Chief Eileen Masterman resurfaces in Scottish Public Services Ombudsman investigation into death of baby at NHS Forth Valley Hospital

MacAskill meets Masterman, yet months later the SLCC complaints chief left on ‘ill health’ grounds.IT has been pointed out to Scottish Law Reporter that Eileen Masterman, the ‘too ill to work’ former Chief Executive of the Scottish Legal Complaints Commission (SLCC) who was reported to have received a substantial, secret payoff personally signed off by Justice Secretary Kenny MacAskill, swiftly returned to her previous employers at the Scottish Public Services Ombudsman (SPSO) to investigate complaints made by members of the public against public bodies poorly regulated by the SPSO.

Scottish Law Reporter last featured a report on Eileen Masterman’s bitter exit from the Scottish Legal Complaints Commission, negotiated by lawyers and backed up by the Justice Secretary in a rather strange, secret deal involving a huge payout, the size of which appears to have been buried in either the SLCC’s annual accounts, or those of the Scottish Government.

The popular law blog, Diary of Injustice featured an investigation into a cruel case involving the death of a baby at an NHS Forth Valley hospital, which was investigated by Eileen Masterman in her position as a “Complaints Reviewer” at the SPSO. The Diary of Injustice report raises serious concerns as to how & why Mrs Masterman was able to return to work in the public sector so quickly after being accused by the Scottish Government’s Finance Secretary John Swinney of lying over secret meetings with corrupt US Insurance Giant Marsh :

Deputy First Minister to look into death of baby McKenzie Wallace after parents complain of ‘whitewash’ report by SPSO investigator Eileen Masterman

Health Minister to look into NHS failures in case of death of baby in NHS Forth Valley hospital & SPSO report whitewash. SCOTLAND’S DEPUTY FIRST MINISTER Nicola Sturgeon has said she will look into the case of the death of little baby McKenzie Wallace at an NHS Forth Valley hospital after an exclusive report in the Sunday Mail newspaper revealed the baby’s grieving parents have fought a long & difficult battle to get answers over why little McKenzie died. The report in the Sunday Mail also revealed NHS Forth Valley FAILED to pick up on a rare heart defect in the couple’s baby which should have been detected during a 20 week scan but was missed after the scan, conducted by a trainee under the supervision of an experienced midwife was not properly interpreted. However, a senior consultant obstetrician who later studied the ultrasound pictures from the Stirlingshire hospital found a heart problem was visible and had been missed by both the midwife & the trainee.

On receipt of a further report into the tragedy, the family have accused the Scottish Public Services Ombudsman (SPSO) ‘Complaints Reviewer’, Eileen Masterman of producing a ‘whitewash’ report in the SPSO’s investigation of their complaints against NHS Forth Valley regarding the deadly failures in the provision of medical services which ultimately led to the death of McKenzie Wallace just five days after she was born.

While the death of baby McKenzie has been a terrible toll in itself for the family to bear, the nightmare continued when their complaints to NHS Forth Valley over the events which led to the death of their child were mishandled, leading to the family using Freedom of Information legislation to uncover more facts not disclosed by NHS Forth Valley during their investigations and ultimately, making a complaint to the Scottish Public Services Ombudsman who used an unnamed ‘expert’ to exonerate the hospital’s role in the death of the child.

The files accumulated by the family in their complaint to NHS Forth Valley can be read here : Complaint to NHS Forth Valley - Death of Baby McKenzie Wallace The responses received from NHS Forth Valley can be viewed here : NHS Forth Valley FOI - Death of Baby McKenzie Wallace and the report by the Scottish Public Services Ombudsman into the way the hospital handled the case, can be viewed here : SPSO Report - Death of Baby McKenzie Wallace

Former SLCC Chief Executive Eileen Masterman wrote SPSO report which exonerated negligent medical staff at NHS Forth Valley. In what may come as a surprise to many, the author of the SPSO report now branded a whitewash is none other than Eileen Masterman, former Chief Executive of the Scottish Legal Complaints Commission (SLCC), who took a six month sick leave from the SLCC and then employed teams of lawyers to negotiate a massive SECRET PAYOFF so large & subject to such a complex agreement, the secret deal was required to be signed off personally by Scotland’s Justice Secretary, Kenny MacAskill. Legal insiders commenting on the case said today they were shocked to see Eileen Masterman show up again at the Scottish Public Services Ombudsman so soon after resigning under a cloud from the Scottish Legal Complaints Commission, with an official explanation of “ill health”.

FOI investigations by Diary of Injustice revealed Justice Secretary MacAskill personally signed off secret unpublished payment to Eileen Masterman. One Scottish Government insider who now claims he “did not agree with the terms of the settlement as put to Mr MacAskill” said the Justice Secretary was out on a limb over his involvement in the secret payoff to Masterman. The insider called for all details of the negotiations involving Ms Masterman, the SLCC & the Scottish Government along with the amount of the secret payoff to be made public.

The Scottish Government insider said : “Clearly there is a public confidence issue here were someone can resign from the highly controversial and underperforming Scottish Legal Complaints Commission claiming ill health and then go back to work at the highly questionable Scottish Public Services Ombudsman who have similar public confidence issues. There must be full transparency here otherwise there can be no confidence in the SPSO.”

One senior solicitor who does not wish to be named has already claimed the Scottish Legal Complaints Commission had been told during the “bitter negotiations” that “Eileen Masterman’s health was so bad that she may never work again”. It has also been alleged that involvement from Cabinet Secretary for Finance John Swinney, who accused Ms Masterman of lying over secret meetings she took part in with convicted US insurers Marsh who handle the Law Society of Scotland’s notoriously corrupt Master Policy protection for negligent solicitors also ‘contributed to Ms Masterman’s alleged ill health’, an issue reported earlier by Diary of Injustice here : SLCC’s Eileen Masterman resigns, questions remain on attempt to mislead Cabinet Finance Chief John Swinney over secret meetings with insurers Marsh

However it appears after only a few months of leaving the SLCC, Eileen Ms Masterman was re-employed by Jim Martin, the Scottish Public Services Ombudsman, whose organisation was savaged last year by Scottish Government Minister Alex Neil during his testimony to the Scottish Parliament’s Petitions Committee, which Diary of Injustice reported along with video footage of Minister Neil’s testimony, here : Holyrood considers nine petitions against Scottish Public Services Ombudsman as Housing Minister dubbed ‘out of touch’ over accusations

The Sunday Mail newspaper spoke to the parents about their views of Ms Masterman’s report on the death of their baby. The Sunday Mail reported : “The couple have also criticised a report issued last month by Eileen Masterman, of the Scottish Public Services Ombudsman. She rejected the view of the Forth Valley doctor. Instead, she agreed with an unnamed expert who said there was no need for a second scan due to the limited nature of what could be seen. She said: “The advice indicated that, even if the scan had been done again, it would have been likely the results would have been the same.”

Andrew said: “I have no faith in Masterman. The SPSO have refused to say who the expert is or hand over their report. “McKenzie’s death cannot be for nothing. Some sort of lesson has to be learnt.”

SPSO refused to issue any comment on Eileen Masterman’s report. The Scottish Public Services Ombudsman was asked for media comment on Ms Masterman’s position at the SPSO and to explain how she was able to return to work so soon. One of it’s Press Officers said : “I am sorry but we are unable to comment on the employment status of individuals. This would be unfair to those individuals and in breach of data protection.” Later, the SPSO angrily REFUSED to disclose any material in response to Freedom of Information requests regarding Ms Masterman’s apparent speedy return to work at the SPSO, with SPSO officials blocking all further attempts to secure disclosures via Freedom of Information legislation.

Scottish Deputy First Minister & Health Secretary Nicola Sturgeon MSP. Deputy First Minister & Scotland’s Health Secretary, Nicola Sturgeon was asked by Diary of Injustice for a comment on the tragic events and the SPSO’s handling of baby McKenzie’s parents complaints against NHS Forth Valley. Questions put by Diary of Injustice journalists to Ms Sturgeon, which were accompanied by papers relating to the case asked : “Has the Health Minister any comment on how the complaint involving the death of the baby has been handled, the fact this family have received little support in spite of what appears to be a cover up by NHS Forth Valley, and why can one individual who travels between regulators show up again in an old post to carry on her work after claiming she could never work again.”

A spokesperson for the Scottish Government replied to the questions put to the Health Secretary, stating : “The circumstances surrounding this event are extremely tragic, and our thoughts are with the parents. Where recommendations are made in an Ombudsman’s report, we expect NHS Boards to fully implement all necessary steps to ensure that similar circumstances do not recur.”

The spokesperson continued : “The SPSO is an organisation independent of the Scottish Government and as such appoints its own personnel. The circumstances surrounding any appointment of any individual is a matter for the SPSO.”

The parents of baby McKenzie have since received a letter from the Scottish Government replying on behalf of Scottish Health Secretary Nicola Sturgeon. Andrew & Joanne have now been told Ms Sturgeon has agreed to look at the papers relating to the circumstances of baby McKenzie’s death, and how Andrew & Joanne were treated by NHS Forth Valley & the SPSO. Ms Sturgeon also offered her condolences in the letter to Andrew & Joanne over baby McKenzie’s death. The parents of baby McKenzie have also asked for a meeting with Ms Sturgeon over the case.

Clearly, the tragic case of the death of little baby McKenzie Wallace, just five days into her live is yet another clear demonstration of medical negligence in the NHS and the cover ups which kick in to prevent any justice for the bereaved family. The family deserve answers and the life of a child cannot be lost in an SPSO report or a promise of “lessons will be learned” which are, as we are all now sadly too aware, never learned.

The Sunday Mail reports :

Grieving parents say medics missed tragic toddler's heart problem

Mar 25 2012 Exclusive by Russell Findlay

HEARTBROKEN parents yesterday told how they fear a midwife missed their baby daughter’s fatal heart condition because she was in the huff. McKenzie Wallace died just five days after being born because of a heart defect linked to rare genetic disorder Ivemark syndrome.

But mum Joanne Weir, 27, and dad Andrew Wallace, 31, say the condition would have been picked up at a 20-week scan if the midwife had not been annoyed that they asked the sex of their baby. The scan was conducted by a trainee sonographer at Forth Valley Royal Hospital in Larbert and was supervised by an ­experienced midwife, who did not flag up any problems.

But a senior consultant obstetrician who studied the ultrasound pictures from the Stirlingshire hospital found a heart problem was visible. He also stated that “he would have suggested a repeat scan or asked for a second opinion”. As a result, the midwife who supervised the trainee was ordered to undergo further training. The couple said that a consultant at Yorkhill Hospital, Glasgow, agreed the heart defect – known as right atrial isomerism – should have been spotted.

Joanne, who is due to give birth again in 10 weeks at Edinburgh Royal, said: “It should have been glaringly obvious and was ‘too big to miss’, according to McKenzie’s consultant at Yorkhill.”

Fuel tanker driver Andrew, who lost a brother and an uncle to the genetic condition, said: “A trainee carried out the scan but the supervisor was so busy moaning at us for daring to ask if we were to buy blue or pink that she was obviously distracted.“Apparently it’s all right, though, because she has now been for training – but this should not have happened.

“We had to make the decision not to attempt to treat McKenzie as all options were horrific and had life-extending probabilities of less than a few months. Had we known she had this condition, we may have considered ­termination early in pregnancy as it was incredibly unfair to put McKenzie through that.”

The couple, from Bo’ness, Stirlingshire, also said that another midwife ignored their concern about McKenzie’s blue appearance when she was born at Stirling Royal Infirmary. During Joanne’s labour, a sewage pipe became blocked below the maternity ward, which caused chaos. Andrew said: “They were distracted. They should have listened to what I was saying about McKenzie turning blue.”

It took 24 hours before they admitted any problem and the baby was immediately sent to the Royal Hospital for Sick Children at Yorkhill. From there, McKenzie was sent to the Rachel House Hospice in Kinross, where she died in her parents’ arms on February 18 last year.

The couple have also criticised a report issued last month by Eileen Masterman, of the Scottish Public Services Ombudsman. She rejected the view of the Forth Valley doctor. Instead, she agreed with an unnamed expert who said there was no need for a second scan due to the limited nature of what could be seen. She said: “The advice indicated that, even if the scan had been done again, it would have been likely the results would have been the same.”

Andrew said: “I have no faith in Masterman. The SPSO have refused to say who the expert is or hand over their report. “McKenzie’s death cannot be for nothing. Some sort of lesson has to be learnt.”

The NHS said: “We carried out an internal review and could find no evidence of errors in the clinical care provided by staff.”

Scottish Health Secretary names ‘Minimum Alcohol Price’ in an effort to save lives from ‘harm & misery of alcohol misuse’

The Scottish Government’s Health Secretary, Nicola Sturgeon has today announced the proposed minimum price for alcohol, which will be set at 45p per unit. The move it is claimed, will save lives, money and save future generations from the misery of alcohol misuse although whether the move will clear a vote in the Scottish Parliament remains to be seen …

Minimum alcohol price named

02/09/2010

The proposed minimum price for alcohol will be set at 45p per unit, it was announced today.

Health Secretary Nicola Sturgeon said that saving lives, saving money and saving future generations from the 'harm and misery caused by alcohol misuse' are just some of the benefits alcohol minimum pricing could bring.

She said that introducing a minimum price of 45p per unit would have significant health and social benefits including, in the first year:

* 50 fewer deaths from alcohol-related harm
* 1,200 fewer hospital admissions
* A £5.5 million reduction in health care costs
* 22,900 fewer days absence from work

After 10 years, benefits would increase to:

* 225 fewer deaths from alcohol-related harm annually
* 4,200 fewer hospital admissions annually
* An £83 million reduction in health care costs over the 10 year period

Ms Sturgeon said: "For too long, too many Scots have been drinking themselves into an early grave. It is no coincidence that as the affordability of alcohol has plummeted in recent decades, alcohol-related deaths, disease, crime and disorder have spiralled.”

"I believe it's crucial that we reintroduce realistic alcohol pricing. It cannot be right that a man can exceed his weekly recommended alcohol limit for less than £3.50. That's why we're taking decisive action, including proposals to introduce a minimum price per unit, which would bring these pocket money prices to an end.”

"Getting the price right is vital for minimum pricing to work - too low and it will simply be ineffective. After careful consideration, we believe that 45p per unit is the right price. Our proposals have already won backing from respected health professionals at home and abroad and I hope, for the sake of our nation's health, they will also win the backing of the Scottish Parliament."

Dr Harry Burns, Scotland's chief medical officer, said: "Scotland has an unenviable reputation when it comes to alcohol. We are, sadly, world-class when it comes to damaging our health through heavy drinking. But that can change. Scotland led the way in the UK when it came to banning smoking in public places and I believe we must also lead the way in introducing a minimum price for alcohol.”

"Minimum pricing, as part of a package of wider measures, can help us to redress the balance when it comes to our unhealthy relationship with alcohol."

The Scottish Government will table an amendment to the Alcohol (Scotland) Bill to introduce the 45p price. The bill is about to start the 2nd stage of the parliamentary process.

Statistics published this week show that Scotland continues to drink more than every other part of the UK.

Deputy First Minister Nicola Sturgeon writes letter for serial benefits cheat in £80K fraud case, asks for alternative sentence to jail

Scotland’s Deputy First Minister Nicola Sturgeon wrote letter for fraudster. NICOLA STURGEON, Scotland’s Deputy First Minister, and Health Secretary has been revealed to have written a letter in support of a serial benefits fraudster who defrauded £80,000 from the Department of Work and Pensions. In an appalling move, Ms Sturgeon asked Glasgow Sheriff Court to consider an alternative to a custodial sentence, for 60 year old Abdul Rauf, who has a criminal record for a previous offence involving fraud which it is claimed Ms Sturgeon already knew of before writing the letter now at the centre of calls for Ms Sturgeon's resignation.

Alex Salmond supported Ms Sturgeon asking the court to change its sentence. Political opponents are calling on Ms Sturgeon to resign, despite having gained initial support from First Minister Alex Salmond (must be ok to support benefits cheats, not abuse victims – Ed) however legal insiders say the terms used by Ms Sturgeon in her letter amount to political interference with the judiciary, and must be fully investigated. A spokesman for the SNP backed up Mr Salmond’s claims that Ms Sturgeon was fulfilling her obligations to constutients by representing Mr Rauf, even though not one politician at the Scottish Parliament would say they would write the same letter Ms Sturgeon wrote for Mr Rauf.

Nicola Sturgeon: Letter in support of fraudster

ABDUL RAUF.

I refer to my above named constituent and the case brought against him for benefit fraud.

I have been aware of Mr Rauf's case since July 2008 when he sought assistance from me after a search warrant was executed at his home by the Department of Work and Pensions and officers from Strathclyde Police.

It was clear at that time that he recognised the serious nature of the matter he was facing and that it would be necessary to pay back the money he had obtained unlawfully.

For a number of years Mr Rauf has suffered from poor health, mainly associated with his heart. He has a family including young children aged under 10 and he is heavily involved in his community.

All of these aspects of his life have been significantly impacted upon by the mistakes he has made.

Mr Rauf has accepted his wrong doing and has experienced the consequences of it through the effect on his health, the distress caused to his family and the impact on his standing in his community.

He has advised me that he has already paid £27,000 of the outstanding balance owed to the Department of Work and Pensions and has said since he first sought my advice that he will sell his property in Edinburgh to settle the remaining balance.

He and his wife are anxious that a custodial sentence may be imposed by the court and of the effect this will have on Mr Rauf's health and the impact on family life.

I would appeal to the court to take the points raised here into account and consider alternatives to a custodial sentence.

SIGNED NICOLA STURGEON.

“consider alternatives to a custodial sentence.” … (interference in the court process, we certainly think so – Ed)

The Herald reports :

Sturgeon in storm over support for fraudster

By Brian Currie

Published on 11 Feb 2010

Nicola Sturgeon was last night facing demands for her resignation after it was revealed she gave a character reference to a convicted fraudster.

The Deputy First Minister wrote a letter of support for father-of-five Abdul Rauf after he defrauded £80,000 from the Department for Work and Pensions.

The letter was produced at Glasgow Sheriff Court yesterday and handed to Sheriff Alan MacKenzie by defence advocate Donald Findlay, QC.

He said it was the first time in his career he had handed over a letter from someone of such importance.

Rauf, 59, who was jailed for four years for fraud in 1996, was due to be sentenced for his latest crime after admitting defrauding the DWP between 2001 and 2006.

Ms Sturgeon, who admitted she knew of Mr Rauf’s previous conviction, said she had written the letter to the court because, as his MSP, she was “duty-bound” to make reasonable representations on behalf of constituents.

A spokesman for Ms Sturgeon said she had “represented her constituent entirely properly and appropriately”.

However, Labour leader Iain Gray said she had made “an appalling error of judgment”.

Last week Ms Sturgeon and First Minister Alex Salmond were caught up in a row over claims of “cash for access” when it emerged lunch dates with the pair at the Scottish Parliament were auctioned to raise money for the SNP.

Mr Gray said: “If the facts of the case are as they appear and Nicola Sturgeon made such an appalling error of judgment she must resign.

“Last week she was selling access to raise funds for the SNP. Now she is prepared to give a character reference for a convicted fraudster.”

Bill Aitken, the Conservative justice spokesman, said her letter was “ill-considered”.

“It is extraordinary to describe a second conviction for fraud as a mistake. Either Ms Sturgeon didn’t care about his previous fraud conviction or she didn’t check. Either would be unbelievable and a grave lapse of judgment.”

LibDem spokesman Mike Rumbles said: “It beggars belief that the Deputy First Minister could think it appropriate to write in support of a convicted fraudster who is now facing another conviction.”

He said Mr Salmond should explain his deputy’s actions at First Minister’s Questions today and that Ms Sturgeon should “clear the air” by making a statement to parliament.

Prosecutor Adele MacDonald told the court that Rauf, who has a £400,000 house in Maxwell Park, Glasgow, applied for income support in October 2001. She said: “He completed paperwork declaring that he owned his property at Springkell Avenue and that he had £67 in savings in a bank account.”

It was subsequently discovered that he also owned a £200,000 property in Newington, Edinburgh, and was receiving £650 a month rent while claiming benefits over a five-year period.

Sheriff MacKenzie told Rauf that a jail sentence was “at the forefront” of his mind.

The earlier conviction for Mr Rauf, a former sub-postmaster, was for stealing £58,624 in pension and benefit payments by forging signatures on almost 800 DSS payment orders and keeping the cash for himself.

In her letter Ms Sturgeon says Mr Rauf suffers poor health, has young children and urges the court to “consider alternatives to a custodial sentence”.

Ms Sturgeon yesterday defended her involvement in the case. She said she was “not aware” of having met Mr Rauf socially and an SNP spokesperson said he was not a donor to the party and not a member of it.

Saying she was “duty-bound” to make reasonable representations on behalf of constituent, Ms Sturgeon added: “That’s what I did but ultimately the decision is for the court to take.”

“I don’t condone the behaviour of anyone who breaks the law,” she added.

Lunch-gate bites First Minister Alex Salmond as Holyrood's Standards Commissioner investigates cash for access video scandal

First Lunch with First Minister Alex Salmond for £9K. Scotland’s First Lunch Minister Alex Salmond is reported to be under investigation by the Scottish Parliament’s Standards Commissioner (lol – Ed) over allegations of cash for access to Scottish Ministers, including himself, after videos emerged of a lunch auction the SNP held to raise party funds in Central Glasgow.

Since the story broke, Mr Salmond has announced he has cancelled the lunches at issue, which saw people pay up to £9,000 (lol, may as well burn it – Ed) to have lunch with the First Lunch Minister Mr Salmond. Among those paying up to ‘nosh with Eck’, were noted Human Rights lawyer Ameer Anwar & Councillor Stuart Pratt.

The Scottish National Party have since released details of further fundraising events to be held at the parliament, which include three lunches at Holyrood sold for £1,500 and a tour of the parliament by Nicola Sturgeon that fetched £260.

First Lunch – The Movie, starring Alex Salmond and Nicola Sturgeon.

BBC News reports :

Alex Salmond cancels auctioned lunches

Scotland's first minister has cancelled four Holyrood lunch appointments which had been sold at auction to raise funds for the SNP. It emerged last week that Alex Salmond and Deputy First Minister Nicola Sturgeon had each sold lunch dates at a party event in Glasgow. The SNP has now said Mr Salmond also auctioned a further three lunches.

Scottish Labour leader Iain Gray accused Mr Salmond of "systematic abuse" of his position. They have both insisted no parliamentary rules were broken.

The Scottish Parliament is expected to issue new guidelines over the practice in the coming weeks.

Last Thursday, the parliament stated that the restaurant at Holyrood must not be used for "any other purpose" than parliamentary duties.

Mr Salmond has written to Presiding Officer Alex Fergusson regarding the issue.

In his letter, he said: "I am cancelling all lunches in parliament as a result of party activity as we await the Corporate Body providing new advice. I have identified four such lunches, and Nicola Sturgeon has identified one lunch and a tour - since none of them have taken place, there is therefore no difficulty in the Corporate Body considering the issue as a matter of principle. Nor indeed have any of the donations been given."

But Mr Salmond wrote that he was "extremely concerned that as things stand it would be unwise to proceed with charity lunches or indeed a range of other lunch uses of the restaurant which might potentially fall foul of the parliament statement released last Thursday."

"Clearly, this would be undesirable. My next charity lunch is as a result of the Northsound 'Cash for Kids' auction, on Thursday 25 February," he said.

"Many other members will be in a similar position, and what I propose is that the Corporate Body, at its meeting on Wednesday, consider issuing interim advice that charity lunches can continue until such time as the whole matter can be fully discussed and comprehensive new advice issued to members."

'Systematic abuse'

Scottish Labour leader Iain Gray said: "Rather than draw a line under the issue of 'cash for access' it would appear now the first minister and his deputy Nicola Sturgeon were systematically selling access for private meetings in order to raise party funds. Now we know this was not a one-off occasion. Alex Salmond has to answer for this rather than trying to cloud the issue. This is not about charity lunches in the parliament but extremely serious allegations over the systematic abuse of the first minister's office."

Bill Johnston, a member of the Labour Party from Edinburgh, has reported Mr Salmond and Ms Sturgeon to the Scottish Parliamentary Standards Commissioner.

The SNP said Amin Hussein paid £9,000 for a lunch with Mr Salmond during a Glasgow Central SNP event last week.

Human rights lawyer Aamer Anwar paid £1,000 for a lunch with the first minister at the Glasgow Central SNP candidate adoption meeting last year. Mr Anwar, who said he was not a member of any political party but backed Osama Saeed, the SNP candidate in Glasgow Central, accused some Labour politicians of "staggering hypocrisy" over the issue. He said: "I haven't actually made my donation yet, but am very happy to do so - and I'm not really bothered about having a lunch anyway."

A lunch was also won by Mr Salmond's constituency agent, Councillor Stuart Pratt, at the candidate adoption meeting in Inverurie last December, for £400. A prize of lunch with Mr Salmond was raffled for £100 by Young Scots for Independence at the SNP's annual conference last year.

Meanwhile, Khalid Javid paid £2,000 for lunch with Ms Sturgeon, also at the Glasgow Central event. Mr Javid had previously bid £260 last year for a tour of the parliament.

The SNP said none of these events had taken place, and none of the donations had been received.

Deputy First Minister Sturgeon avoids questions on giving homeowners more protection from repossession

Amid yesterday’s BBC television programme on home repossessions in Scotland, you’ve got to wonder whose side the Scottish Government are on when they can’t even give Scottish homeowners more protection against lenders repossessing their homes … (obviously on the side of the banks & lenders, not homeowners – Ed)

The Press & Journal report :

Sturgeon ‘burying head in the sand’

Call for scottish homeowners to get more protection against repossession

By Tim Pauling

Published: 09/04/2009

Deputy First Minister Nicola Sturgeon was last night accused of “burying her head in the sand” over home repossessions amid calls for Scotland to adopt the same protection for homeowners as England and Wales.

It followed claims on a BBC TV programme last night that 7,500 Scots face losing their homes this year.

The show found homeowners in Scotland are more at risk from aggressive lenders because of the failure to adopt pre-action court protocol, which forces lenders to negotiate with borrowers before taking them to court.

This had cut repossessions by half since it was introduced last year, according to the programme.

In November the Liberal Democrats, Labour, Green parties and Independent MSP Margo MacDonald unsuccessfully called on the Scottish Government to adopt similar measures.

Labour health spokeswoman Cathy Jamieson said more needed to be done because the government’s mortgage to rent scheme had only helped 150 people.

“Homeowners in Scotland deserve the same protection from repossession as those south of the border,” she said. “Nicola Sturgeon is burying her head in the sand.”

Lib Dem housing spokes-man Jamie Stone accused Ms Sturgeon and Justice Secretary Kenny MacAskill of “turning a blind eye”.

He said: “This programme proves the opposition parties were right last November to launch a joint campaign urging the SNP government to change the law and give Scottish homeowners the maximum protection from the threat of repossession.”

But a Scottish Government spokeswoman called the opposition claims “ridiculous”.

“The Scottish Government is taking extensive action to help homeowners in the current economic climate and we are far ahead of the game compared with the situation south of the border, having had mortgage rescue schemes in operation for several years,” she said.

The Mortgage Rights (Scotland) Act gives owners a right to ask a sheriff to give them time to pay off arrears, while Scottish courts also have the flexibility to award costs.

The Home Owners Support Fund has also been increased to £35million.

The spokeswoman claimed that the pre-action protocol in England and Wales had “no significant legal effect” and questioned whether it had led to a 50% cut in the number of repossession cases going through the courts.

Scottish inquiry into the use of contaminated blood products needs wider remit

The inquiry into the use of infected blood products in Scotland, to be chaired by Lord Penrose, must have a wider remit, according to campaigners.

Let’s hope the campaigners and victims are listed to for once ..

The Herald reports :

Scope of inquiry into blood scandal in Scotland ‘must be widened’

MARIANNE TAYLOR February 24 2009

Campaigners said yesterday that patients and their families may never find out why contaminated blood products were given to thousands of haemophiliacs and others unless the scope of a Scottish Government inquiry into the scandal is widened.

A separate inquiry in England yesterday condemned the "procrastination" that led to patients, including hundreds of Scots, becoming infected with HIV and Hepatitis C after receiving infected blood transfusions during the 1970s and 1980s.

The privately funded inquiry, led by Labour peer Lord Archer of Sandwell, described the infection of so many people as a "horrific human tragedy", and concluded that commercial interests had taken precedence over public health concerns.

The findings outlined how the NHS bought "bad blood" products from US suppliers who used what became known as "skid row" donors, such as prison inmates, who were more likely to be HIV positive or have Hepatitis C.

However, some key witnesses, including officials from the Department of Health, were not compelled to give evidence or supply documents as part of the investigation, while the UK Government is under no obligation to act upon its findings.

In light of this, lawyers and patients groups north of the border have questioned its effectiveness and warned that similar limitations placed on the Scottish inquiry announced last year by Health Secretary Nicola Sturgeon could lead to accusations of a cover-up. That inquiry is being led by judge Lord Penrose.

Solicitor-advocate Frank Maguire, of Thompsons Solicitors, which represents the families of the two victims whose deaths from infected NHS blood supplies sparked the Scottish inquiry, said: "Not one single official from the Department of Health agreed to give evidence to the Archer inquiry and that is a glaring omission which undermines the credibility of its findings.

"How can anyone get to the truth without speaking to the officials and ministers who made the key decisions at the time?

"The danger for Scotland is that the Penrose inquiry will find itself in the same position with absolutely no legal powers to force officials or Westminster government ministers to give evidence.

"This is exactly the sort of conduct that leads to talk of a cover-up."

UK-wide, 4670 patients were infected with Hepatitis C and 1243 of those patients were also infected with HIV. More than 2000 of these victims have already died, while others are still receiving treatment for the two life-threatening conditions.

Evidence in Scotland suggests that every haemophiliac over the age of 21, around 365 patients, is likely to have Hepatitis C, while some also have HIV. Some patients who did not know they had the conditions then passed it to their partners, who later died.

Some victims have already received payments of £20,000 from a fund set up by both Holyrood and Westminster, and campaigners have called for more compensation.

However Philip Dolan, chairman of the Scottish Haemophiliacs Forum, said revealing the truth should be the main aim of any inquiry. He said: "We need a full public inquiry that uncovers every detail of this scandal. We also need to hear directly from the health professionals and officials who made the key decisions.

"That is the only way we will ever fully understand what happened, and why."

SNP defy calls for openness as Deputy First Minister supports continued secrecy over radioactive water contamination details

Its not all good news that's coming out of our new Scottish Government as the Sunday Herald reveals the SNP's Deputy leader and Cabinet Secretary for Health & Wellbeing, Nicola Sturgeon, has supported the previous orders of the Labour/LibDem Scottish Executive to legally challenge the disclosure of information relating to radioactive water contamination in Dumfries & Galloway - a case which is now to be heard in the English House of Lords.

How odd the public are being denied a right to know of a major problem in this case .. why could that be ? perhaps the Nuclear industry have gone knocking on the door of our new Scottish Government reminding them of their place ? or just another case of Westminster orders must be obeyed ... and are it seems ...

You can read more about this story over at the FOI web log here : Sturgeon defends NHS in leukaemia case

Apologies for the lack of updates this week, staff have been on holiday.

The Sunday Herald reports :

Rebuttal

Robin Harper on secrecy

THESE ARE exciting times indeed; a newly shaped parliament breathing (some) fresh air into Scottish politics and a media and policy community getting excited at the new opportunities and progressive mood in the country.

How strange then, that the new deputy first minister and Cabinet secretary for health and wellbeing, Nicola Sturgeon, should back legal action against our own information commissioner and support action in the House of Lords to overrule a Scottish court.

Yes, it's true, but I still can't fathom it. Greens have sought information about the number of childhood leukaemia cases by census ward since the inception of the freedom of information law. The NHS refused to comply. Greens appealed to the Scottish information commissioner who then ordered the NHS to release the information, in a form that would not identify individuals. The NHS again refused, and appealed to the Scottish courts. The NHS lost the appeal. The court of session ordered the release of the information as it posed no risk to data protection or patient confidentiality. The NHS is now appealing to the House of Lords, and inexplicably, has the support of Sturgeon.

In a letter to me, the deputy first minister accepts the view that "Barnardisation" (named after statistician George Barnard), the statistical method of protecting individual confidentiality proposed by the Scottish information commissioner, is "not appropriate in this case". No reason is given, despite the system being a standard and accepted practice. I am faced with only an assertion, with no reasoning or argument. If she cares to approach the information commissioner or examine the findings in court, she would know this position is simply not true.

Her advice to the Greens is to meet the NHS to talk about it. Fine, but you have to ask what purpose this would serve other than to simply divert attention. If they aren't going to listen to the courts or independent commissioners, I doubt very much whether they'll simply hand over the information after a nice chat.

To give the Cabinet secretary some credit, she and her advisers have probably had their hands full with waiting lists and hospital closures, and have probably not given this issue much thought. It's time they did.

Health information is important for communities to access when considering health issues in their areas, especially the poorest communities who tend to live in the worst environments, with multiple development impacts on their quality of life. This is what environmental justice is all about. It was in vogue with Jack McConnell but then drifted off when it became obvious that policies like third party rights of appeal in the planning system would have to be put in place to give communities an equal say.

Sturgeon and the SNP have a chance to show Scotland, especially its poorest communities, that they will stand up for them and make sure they can find out the effect of certain developments on their health should they need to do so.

The case of NHS versus the Scottish information commissioner (and incidentally backed by the UK commissioner, who has responsibility for data protection) is to be heard in April in the House of Lords. It will be sad to see our health secretary backing secrecy, and even sadder that hundreds of thousands of pounds of taxpayers' money will be wasted trying to maintain secrecy and denying the public the right to know.

Robin Harper is co-convener of the Scottish Green Party and their speaker on education