Justice Directorate Civil Law and Legal System Division

The Scottish Government

T: 0131 244 4823 E: kay.mccorquodale@govicot

Riaghaltas na h-Alba

LEGACY 2014

REQUEST UNDER TljlE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 (FOISA)

Your request You asked the following in relation to the recent recruitment round for Lord President:

"Information of the number of applications, gender of applicants, how many applicants made it to any shortlist, and heir gender (not the names of applicants) how many applicants (& gender) withdrew from the process (if any).

contained

in the selection process and the panel's advice to the First Minister, Information any discussions relating to the panel's advice to the First Minister, and information contained in the First Minister's recommendation to the Queen." Response to your

re guest

Information is provided below in response to your specific requests for information. Whilst our aim is to provide information whenever possible, we are unable to provide some of the information you requested as exemptions under FOISA apply to that information, namely: • sections 30(b)tf ) and 30(b)(ii) (free and frank advice and exchange of views); and • section 38(1)(p) (personal information the disclosure of which would contravene data protection principles). The reasons why tho?.'e exemptions apply are explained in Annex A to this letter.

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Information of the numb er of applications, gender of applicants, how many applicants made it to anv shortlist, and w eir gender (not the names of applicants) how many applicants (& gender) withdrew from ie process (if any). Five applications were fpceived, of which two were shortlisted by the selection panel for interview. While we aim to provide the information requested, in this case information about the gender of applicants is withheld under section 38(1)(b) as releasing such information about a small pool of applicants could lead to their identification. I can confirm that no applicants for the office of Lord President withdrew from the process. Information contained in the selection process, The First Minister set up the selection panel to recommend to the First Minister individuals who are suitable for appbointment to the office of Lord President, in accordance with section I Courts (Scotland) Act 2008. In terms of section 20 of the 2008 Act 19(3) of the Judicary selection must be solely on merit. In addition the panel must be satisfied that any individual who is recommended i$ of good character. I attach at Annex B extracts of this and other relevant legislation; a njcite of how the selection panel was established in accordance with the legislation; and the neWp release announcing the selection panel. The selection panel met on 3 July 2015 to plan the appointment process. The advert was issued on 20 July 201{? with a closing date of 3 August 2015. References were received by 24 August 2015. A sho ÿlisting meeting was held on 1 September and interviews were held on 5 October 2015. The personal qualities and criteria for appointment by which the panel judged the suitability o the candidates is as set out in the application pack, the relevant extract of which can beÿ ound at Annex C.

The panel's advice to tth e First Minister and anv discussions relating to the panel's advice to the First Minister The selection panel's aqvice to the First Minister can be found in the selection panel report; the redacted version o which can be found at Annex D. The selection panel agreed its advice to the First Miii ster orally following the interviews. Thereafter, the selection panel agreed its written repop to the First Minister, see Annex D and Annex E. E-mails following the panel's advice to thb First Minister are attached at Annex F.

Information contained in the First Minister's recommendation to the Queen

In terms of section 95 of the Scotland Act 1998, it is for the Prime Minister to recommend to Her Majesty the appoiiihtment of a person as Lord President, following a nomination for appointment made by fie First Minister to the Prime Minister. The First Minister wrote to the Prime Minister on 21 IN ovember 2015 making her nomination for the appointment of Lord Carloway as Lord President, the redacted version of which can be found at Annex G.

Your right to reguest a review If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response, by writing to Head of FOI Unit, 2W, St Andrew's House, Regent Road, Edinbur[gh, EH1 3DG or by e-mailing [email protected]. Your review request should explain why you are dissatisfied with the response, and should be made within 40 working days from the date when you receive this letter. We will complete the review and tell you the result, within 20 working days from the date when we receive your review request.

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If you are not satisfied with the result of the review, you then have the right to appeal to the Scottish Information Go mmissioner. More detailed information on your rights is available on the Commissioner's we bsite at www.itspublicknowledqe.info .

Yours sincerely

JAN MARSHALL Head of Civil Law and Legal System Division

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ANNEX A An exemption applies An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested. "l| his exemption applies because the information is personal data of a third party and disclosihp it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exemption is not subject to the 'public interest test', so we are not required to conÿder if the public interest in disclosing the information outweighs the public interest in applyin g the exemption. Exemptions apply, subject to the public interest test

Exemptions under sec ions 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information requested. These exemptions apply because disclosure wp uld, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers and officials to have a private space within which to seek advice and discuss thÿ assessment of candidates, as part of the process of reaching a decision on the appointjnent of Lord President, head of the Scottish judiciary. Disclosing the content of such free and frank briefing material about this appointment exercise will substantially inhibit sucji briefing in relation to a future exercise for this or similar specialist public appointments.

These exemptions are ;subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. We recognise that rest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers ip briefing about specialist public apointments such as that of the Lord President. It is clearly in the public interest that Ministers are fully informed to properly consider the assessme nt of candidates for this and other specialist public appointments. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type o information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

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ANNEX B EXTRACTS OF RELEVANT LEGISLATION The procedure for app!•tainting the Lord President is governed by sections 19 and 20 of and Schedule 2 to the Juditojiiary and Courts (Scotland) Act 2008 ("the 2008 Act") and section 95 of the Scotland Act 1998 ("the 1998 Act"). See extracts below: Judiciary and Courts Scotland) Act 2008

Lord President and Lord Justice Clerk 19. Appointment (1) This section applies where a vacancy arises, or is expected to arise, in the office of Lord President or the office of Lord Justice Clerk. (2)

The First Minister must establish a panel in accordance with schedule 2.

The function of the panel is to recommend to the First Minister individuals who are suitable for appointment to fill the vacancy. (3)

For the purpose s of section 95(2) of the Scotland Act 1998 (c. 46), the First Minister must not nominate any individual for appointment to fill the vacancy until the panel has made its recommendation under subsection (3).

(4)

(5) In deciding whom to nominate for the purposes of that section, the First Minister must have regard to the pahel's recommendation.

Selection criteria 20. (1) This section applies where a panel established under section 19(2) is selecting an individual to be recommended by it as suitable for appointment. (2)

Selection must

(3)

The panel may select an individual only if it is satisfied that the individual is of good

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solely on merit.

character. SCHEDULE 2 Panels ESTABLISHED UNDER SECTION 19(2) (introduced by section 19(2))

Constitution of panel 1(1) A panel establifehed under section 19(2) in connection with a vacancy, or an expected vacancy, in the office of Lord President is to comprise (a) the Chairing Meimber of the Judicial Appointments Board for Scotland ("the Board"),

—

(b)

one of the othdr lay members of the Board nominated by the Chairing Member, and

(c)

two qualifying j tidges (on which see paragraph 3) nominated by the First Minister.

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A panel establis sd under section 19(2) in connection with a vacancy, or an expected (2) vacancy, in the office of Lord Justice Clerk is to comprise

—

(a)

the Chairing Merriber of the Board,

(b)

one of the other lay members of the Board nominated by the Chairing Member,

(c)

the Lord President, and

(d)

one qualifying jucjge nominated by the First Minister.

(3)

This paragraph i subject to paragraph 2.

Vacancies etc. of the Board is unable for good reason to participate in a 2(1) If the Chairing panel, that Member's place on the panel is to be taken by a lay member of the Board nominated by the Chairing Member. If the office of the Chairing Member is vacant, or if that Member is unable for any (2) reason to make a nomination for the purposes of sub-paragraph (1), that Member's place on the panel is to be takeii by another lay member of the Board nominated by the Board.

Member

If the Lord President is unable for good reason to participate in a panel, the Lord President's place is to b e taken by a qualifying judge nominated by the Lord President.

(3)

During any period when section 4 applies, or if the Lord President is unable for any reason to make a nomination for the purposes of sub-paragraph (3), the Lord President's place on the panel is to be taken by a qualifying judge nominated by the First Minister.

(4)

Qualifyingjudges 3(1) The qualifying judges are (a) those judges of t ie Supreme Court of the United Kingdom who have held office as judges of the Court of Session, and (b)

the judges of the Court of Session (other than the Lord President).

The Lord Justice Clerk is not a qualifying judge in relation to a panel to be established in connection with an expected vacancy in that office.

(2)

A judge is a qualifying judge in relation to a panel only if the judge has given to the (3) First Minister notice thdl: the judge is not willing to be appointed to the vacancy in connection with which the panel isjl[o be established.

Fees and expenses ; panel is entitled to such fees and expenses, if any, as the Scottish 4(1) Each member of a Ministers may determine. (2) It is for the Scottish Ministers to pay those fees and expenses. The Scottish Ministers may determine different fees and expenses for different (3) members

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Scotland Act 1998 Appointment and removal of judges. 95 (1) It shall continue! o be for the Prime Minister to recommend to Her Majesty the appointment of a person as Lord President of the Court of Session or Lord Justice Clerk.

The Prime Minister shall not recommend to Her Majesty the appointment of any (2) person who has not beon nominated by the First Minister for such appointment.

Before nominating persons for such appointment the First Minister shall consult the Lord President and the Lord Justice Clerk (unless, in either case, the office is vacant).

(3)

You may also find it he pful to note: Paragraph 1(1) of Schedule 2 to the 2008 Act provides that the selection panel in conection with a vacancy in the oifice of Lord President is to comprise(a) the Chairing Member of the Judicial Appointments Board for Scotland ("the Board"), (b) one of the other lay members of the Board nominated by the Chairing Member, and (c) two qualifying judgqs nominated by the First Minister.

Paragraph 3 provides tpat the qualifying judges are (a) those judges of the Supreme court of the United Kingdom who have held office as judges of the Court of Session, and (b) the judges of the Cburt of Session (other than the Lord President). A judge is a qualifying judge in relation to the panel only if the judge has given to the First Minister notice that trhe judge is not willing to be appointed to the vacancy in connection with which the panel is to be established.

Letters to all of the qualifying judges requesting that they indicate whether or not they would wish to give notice to the First Minister that they were not willing to be appointed to the office of Lord President and that they would be willing to sit on the selection panel as one of the qualifying Judges were sent on 21 May 2015. The First Minister norri nated The Rt Hon Lord Reed, Justice of the Supreme Court of the United Kingdom and t ie Rt Hon Lady Dorrian, Senator of the Court of Session as the two qualifying judges. The selection panel wds therefore made up of:

• Sir Muir Russell - Cb air of the Judicial Appointments Board for Scotland • Mrs Deirdre Fulton - Lay member of the Judicial Appointments Board for Scotland • The Rt Hon Lord Re4d - Justice of the Supreme Court of the United Kingdom • The Rt Hon Lady Dorrian - Senator, Inner House of the Court of Session.

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See http://news .scotla rid aov.uk/News/Lord-President-appointment-process-beqins1b4d.aspx

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ANNEX C PERSONAL QUALITIES AND CRITERIA FOR APPOINTMENT Legal and

Judicial

A candidate shall:

•

Be an outstanding lawyer in the main areas of the law that come to be determined in the Court of Session and the High Court of Justiciary.

•

Possess a thorough understanding of the theory and principles on which the law is based, its practical application and an ability to analyse and explore legal problems creatively and imaginatively.

•

Be able clearly and succinctly to set out complex legal issues both orally and in writing and to explain th e reasoned basis for any decision.

•

Be aware of the areas in which the law is developing with a demonstrable desire to master new and unfamiliar areas of the law.

Leadership and Manaqement

A candidate shall be able to:

Provide visible and visionary leadership for both the Scottish Judiciary and the SCTS. Inspire confidence, command respect and gain commitment from others.

•

Provide leadership and strategic direction to ensure that decisions are taken and implemented to deliver an effective and efficient court service across Scotland. Lead reform within financial constraints and at a time of significant change.

Lead change in pncouraging a more diverse judiciary. Personal Qualities

A candidate should be (able to demonstrate:

Integrity, independence of mind, moral courage and the ability to command respect.

Social awarenes3S and understanding of the contemporary world. Sound temperajnent, consideration and courtesy.

Resilience. Excellent communication skills which support the representational role on behalf of the judiciary and SCTS. Fairness, impart ality and a responsible attitude. i

An ability to set and promote both the highest standards of behaviour in court and wider judicial cdhduct."

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ANNEX D

From: Neil Rennick Justice Directorate 21 October 2015 First Minister

APPOINTMENT OF TH E LORD PRESIDENT

Purpose 1. To advise you of the recommendation of the selection panel for the appointment of a new Lord President.

Priority Routine but we are aware of the aim of all involved to have a permanent appointment 2. in place as soon as posiible.

Background 3. The Rt Hon Lord Gill retired from the office of Lord President on 31 May 2015. A selection panel comprisi ng Sir Muir Russell (Chair), the Rt Hon Lord Reed, the Rt Hon Lady Dorrian and Deirdre Ful on (lay member of JABS) was established by you. They have now concluded their selectipfi exercise and their report is attached at Annex A. Officials will provide letters to send thanking them for their work. 4. Interviews were) field on 5 October 2015. The panel considers that [redacted] appointable [redacted] the Rt Hon Lord Carloway, Lord Justice Clerk, [redacted] ÿ

5. Copies of the [redacted] and references [redacted] are available, should you wish to see them.

Next Steps 6. It is for the First Minister to make a nomination of an individual for appointment to the office of Lord President to the Prime Minister. The Prime Minister then makes the necessary recommendation to Her Majesty.

7. In making the norjnination the First Minister must have regard to the recommendations of the selection panel but is not obliged to accept their recommendations. 8.

[redacted]

9. [redacted]. If it wcj>uld be helpful, a meeting could also be arranged with the Chair of the selection panel befb e reaching your decision. 10. Officials are avajil able to clarify any issues on the selection and appointment process. Once you have decideÿ on your nomination, officials will arrange for the necessary paperwork for forwarding to the Prime Minister.

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Recommendation 11.

That you: consider the report of the selection panel on the appointment of a new Lord

President; advise whether you wish to meet with the panel Chair; [redacted] advise of your nomination so that we can prepare the necessary paperwork and Royal warrant

NEIL RENNICK Acting Director, Justice 43537 21 October 2015 Copy

List:

For Action

Cabinet Secretary for ylustice Minister for Communityt Safety and Legal Affairs

For Comments

For Information Constit General interest interest Awareness

Portfolio

X X

Permanent Secretary DG Learning & Justicb Jan Marshall [redacted]_

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Annex A

Recommendations for the Office of Lord President

Selection Panel Report

Sir Muir Russell (Chair) The Rt Hon Lord Reed The Rt Hon Lady Dorrian Deirdre Fulton

October 2015

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SUMMARY

Redacted

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BACKGROUND The panel met on 3 July 2015 to agree the criteria for appointment and the format of the

recommendation process The appointment criteri covered 3 broad categories: legal and judicial work; leadership and management; and persiidnal qualities. They are listed as Annex A to this report. As part of the application process, applicants were invited to submit a letter setting out how they met the criteria for his office, backed up by evidence and examples; to provide three examples of written worl< (for example judgments, opinions or other pieces of work) which they considered best demonstrated their suitability for this office; to identify two referees; and to supply an up to date Curriculum Vitae. There were five applicants:

Redacted

A short listing meeting W,as held on 1 September 2015. The panel considered that two applicants, Lord Carloway [redacted] merited an interview on the basis of the quality of their applications. The panel agreed that given the level of appointment, candidates needed to be able to demonstrate that they nr|iet the criteria to an exceptional degree. [Redacted] Interviews were held on 5 October 2015.

PANEL DECLARATIONS

Members of the Selection Panel made the following declarations on knowledge of the candidates: [Redacted] The panel agreed that tlhese matters would be mentioned to candidates at the start of each interview, in the interestÿ of frankness and openness; and that account would be taken of them as necessary in qiliestioning and discussion. [Redacted].

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CANDIDATE SUMMARY LORD CARLOWAY Redacted

CONCLUSION Redacted. Lord Carloway has a w ide breadth of experience in both the civil and criminal spheres at the highest level, [redacted]

Redacted

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ANNEX E EXCHANGES WITH SELECTION PANEL ABOUT DRAFT REPORT TO FIRST MINISTER From: [redacted] Sent: 08 October 2015 14:25 To: ALASTAIRMUIR RUSSEELL [redacted] Subject: Selection panel report - Office of Lord President

Dear Sir Muir,

Following Monday's intjÿrviews I attach a first draft of the selection panel report for your comment. I have not s$nt it to the other panel members but can do so if you would like me to share it with them at his stage.

Kind regards [redacted]

Civil Law and Legal Syfrfcem Division | Justice Directorate St Andrews House | Are;a GW15 | Regent Road | Edinburgh EH1 3DG Tel: 0131 [redacted]

From: ALASTAIRMUIR RUSSELL [redacted] Sent: 12 October 2015 12:20 To: [redacted] Subject: Fw: Selection panjdl report - Office of Lord President

[redacted]

Thanks. I think you ha\>e covered the ground well. Here is a version of the draft with a few suggested changes. Iflyou are content with these, the draft can go to the rest of the panel for comment. Best Muir

From: [redacted] Sent: 12 October 2015 16:0b To: Lord Reed [redacted]; Lady Dorrian[redacted]; [redacted] Cc: ALASTAIRMUIR RUSSELL [redacted] Subject: Selection panel rpport - Office of Lord President

Dear panel members

interviews

Following last week's i I attach a draft selection panel report. I would be grateful if you could amend this b s you consider appropriate. It has already been seen by Sir Muir.

Kind regards [redacted]

Civil Law and Legal Systitern Division | Justice Directorate St Andrews House | Area GW15 Regent Road | EdinbunJjlh | EH1 3DG Tel: 0131 [redacted]

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From: Lord Reed [redacted] Sent: 14 October 2015 17:30 To: [redacted]; [redacted]; [redacted] Cc: [redacted] Subject: RE: Selection partial report - Office of Lord President

Dear [redacted],

This strikes me as an the attached version. Most of the

excellent report. I have made a few minor suggestions as shown on

suggestionÿ are trivial, [redacted],

Kind regards, Robert

From: [redacted] Sent: 15 October 2015 12:38 To: Lady Dorrian; [redacted] Cc: [redacted]; [redacted] Subject: FW: Selection panel report - Office of Lord President Sensitivity: Confidential

Dear Lady Dorrian and Deirdre Could you please let rrjie know whether you intend to make any amendments to the report. am keen to submit it to the First Minister.

Kind regards [redacted] Civil Law and Legal Systerr Division | Justice Directorate St Andrews House | Area GW15 | Regent Ro3d Edinburgh | EH1 3DG Tel: 0131 [redacted] From: [redacted] Sent: 15 October 2015 12:52 To: Cc: [redacted]; [redacted]; [redacted]; [redacted] Subject: Re: Selection panel report - Office of Lord President

[redacted],

I've had another read through in light of Robert's changes and I'm happy with the document. I think it's a very accur;ate and well written reflection of our findings in relation to [redacted] and it spells out clearly what [redacted] would bring to the role. Kind regards, Deirdre Sent from my iPhone

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From: Lady Dorrian [redacted] Sent: 15 October 2015 13:3)C To: [redacted]; [redacted] Cc: [redacted]; [redacted] Subject: RE: Selection pane report - Office of Lord President Sensitivity: Confidential

I have only two suggesfio>ns. The

1st relates to para 1 re [redacted].

The 2nd comment relates to the last paragraph re [redacted]

Best wishes Leeona From: [redacted] Sent: 15 October 2015 14:06: To: [redacted]; [redacted]; Lc rd Reed [redacted]; [redacted] Cc: [redacted] Subject: RE: Selection pane report - Office of Lord President Sensitivity: Confidential

Dear all Thank you for your comments Deirdre I note that you a re content with the document and think it's a very accurate and well written reflection of the banel's findings in relation to [redacted] candidates and it spells out clearly what [redacted] vt/ould bring to the role.

I have incorporated Lady Dorrian's comments. I attach the report with all amendments. I would be grateful for cohfirmation that you are all content so that I may proceed to send it to the First Minister. I am on leave from this Evening until 26 October but [redacted] will arrange for it to be sent in my absence. Kind regards [redacted] Civil Law and Legal System Division | Justice Directorate St Andrews House | Area GW15 | Regent Road Edinburgh | EH1 3DG Tel: 0131 [redacted]

From: Lady Dorrian [redacted] Sent: 15 October 2015 14:[11 To: [redacted]; [redacted]; [ijeidacted]; [redacted] Cc: [redacted] Subject: RE: Selection pan|e report - Office of Lord President Sensitivity: Confidential

Yes, I am very happy wi h this, which I think presents an accurate and balanced record of our conclusions.

Regards Leeona

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From: Lord Reed [redacted] Sent: 15 October 2015 14:42 To: [redacted]; [redacted]; [rjedacted] [redacted] Cc: [redacted] Subject: RE: Selection panÿl report - Office of Lord President Sensitivity: Confidential

Dear [redacted], I am content with the aijnended report. I agree, in particular, with the points which were made by Leeona.

The amended version beems to me to present an accurate account, and a fair and balanced assessment [redacted] Kind regards,

Robert From: ALASTAIRMUIR RUSSELL [redacted] Sent: 15 October 2015 16:22 To: Lord Reed; [redacted]; [redacted]; [redacted] Cc: [redacted] Subject: Re: Selection pan 2l report Office of Lord President

-

Colleagues

Thanks to [redacted] fbr her hard work on this, and to you all for your input to the process and your comments on the draft. am content with this final version. Best Muir

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ANNEX F E-MAILS FOLLOWING ADVICE TO FIRST MINISTER From: [redacted] On Behalf Of First Minister Sent: 28 October 2015 To: Rennick NS (Neil) Cc: Cabinet Secretary for Justice; Minister for Community Safety and Legal Affairs; Permanent Secretary; DG Learning & Justice; Marshall J (Jan); [redacted] APPOINTMENT - OFFICE OF LORD PRESIDENT SELECTION PANEL Subject: RE: OFFICIAL REPORT

16:ÿ1

SENSITIVE:

Neil,

FM has noted the subm ssion you provided and advised that she does not need to meet the Panel Chair at this stag& and would just like to meet with [redacted]. Grateful if this could pl&pse be taken forward. Kindest regards [redacted]

DPS/First Minister of 0131 [redacted]

Scotland

From: [redacted] On Beha f Of First Minister Sent: 18 November 2015 i; :44 To: Rennick NS (Neil); First Minister Cc: Cabinet Secretary for Justice; Minister for Community Safety and Legal Affairs; Permanent Secretary; DG Learning & Justice; Marshall J (Jan); [redacted] Subject: RE: OFFICIAL SEN SITIVE: APPOINTMENT - OFFICE OF LORD PRESIDENT SELECTION PANEL REPORT

Neil/[redacted] As you'll be aware, FM met [redacted]

FM considers that [redacted] she would like to nominate Rt Hon Lord Carloway for appointment to the offic as Lord President. She considers that he has the necessary experience and ability to take on the role, including taking forward the diversity agenda. As discussed with [redacted], we'll arrange for FM to speak to Lord Carloway to let him know [redacted] I'll let you kriow when the call is set up (no answer at the moment), [redacted]

In the meantime, I'd be grateful if you can progress the necessary paperwork. Many thanks, and happy to discuss [redacted] | Private Secre ary/FM | 0131 [redacted]

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Rt Hon Nicola Sturgeon MSP

First Minister of Scotland

St Andrew's House, Regent Road, Edinburgh EH1 3DC T: 0845 774 1741

SENIOR JUDICIARY |N CONFIDENCE The Rt Hon David Carr)4ron MP Prime Minister 10 Downing Street LONDON SW1A2AA

The Scottish Government

LEGACY 2014

21 November 2015

APPOINTMENT OF LORD PRESIDENT This letter makes nomination for the post of Lord President of the Court of Session, to follow the retiral of the Rt Hem Lord Gill on 31 May 2015. The Lord President is Scotland's most senior judge. Under the provisions of the Scotland Act 1998 you make a recommendation to Her Majesty the Queer from a nomination made by me. Selection Process The process of select on is set out in the Judiciary and Courts (Scotland) Act 2008 ("the 2008 Act"). In line with those provisions I established a panel of 4 people and invited them to recommend individualÿ suitable for appointment. The panel was chaired by Sir Muir Russell (Chair of the Judicial Apppointments Board for Scotland) and also comprised the Rt Hon Lord Reed (Justice of the Supreme Court of the United Kingdom), the Rt Hon Lady Dorrian (Senator, Inner House of the Court of Session) and Deirdre Fulton (a lay member of the Judicial Appointments Board for Scotland).

The reform of the go/ernance of the Scottish Judiciary by the 2008 Act enhanced and provided a statutory tj)asis for the responsibilities of the Lord President. The Lord President became the Head of the Scottish Judiciary and is ex-officio the chairing member of the Scottish Courts and trt bunals Service. The Lord President therefore has a substantive remit beyond his legal and judicial duties and must be able to provide visible leadership and strategic direction to| drive the reform agenda for the court service here in Scotland. I therefore invited the pÿnel to consider not only the legal, judicial and personal qualities of the candidates but also the>iir leadership and management skills. The panel has now r£ sorted to me and I am satisfied that it has conducted a fair and open competition. There wdre 5 applications and the panel met with 2, [redacted]. In deciding whom to nominate have a statutory obligation to have regard to the panel's recommendation, [red&cted]

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[redacted],! have decild ed to nominate the Rt Hon Lord Carloway for appointment to the office as Lord Presided I consider that he has the necessary experience and ability to take on the role, including tsihjiing forward the diversity agenda.

Lord Carloway was appointed as Lord Justice Clerk and President of the Second Division of the Inner House of th Court of Session in August 2012. Prior to that he was appointed a Senator of the College of Justice in February 2000 and elevated to the Second Division of the Inner House in August 2008. He is a graduate of Edinburgh University (LLB Hons) and was admitted to the Faculty of Advocates in 1977. He served as an Advocate Depute from 1986 to 1989 and was appointed Queen's Council in 1990. From 1994 until his appointment as a Judge he was Treasurer of the Faculty of Advocates. The panel concluded lhat Lord Carloway has a very strong public service ethic. They considered that he is highly motivated to take on the office of Lord President and would be committed to the office Given his track record as Lord Justice Clerk he would be able to deliver real irnprovememt within the justice system through an agenda of reform and modernisation and wop d be respected. Lord Carloway has a wide breadth of experience in both the civil and criminal spheres at the highest level, [redacted]. He clearly understands the role of the Lord F pesident and the challenges that he would face, which he is well prepared to meet.

Recommendation I therefore invite you tcj recommend to Her Majesty that the Right Honourable Lord Carolway should be appointed tp the office of Lord President in succession to Lord Gill. It would be most helpful if the appd ntment could be dealt with quickly as the office is currently vacant.

NICOLA STURGEON

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