The law is an ass? No, it’s the Government that is behaving like an ass

THERE is an old saying that the law is an ass. However, in this case, it appears to me the Scottish Government is, in fact, behaving like an ass. I absolutely agree with the senior judges who state in consultation remarks that the independence of the legal profession is essential to a democracy.

There seems to be a lack of understanding within the Scottish Government not just on this, but also on the importance of the separation of powers principle.

This refers to the concept that the executive, the parliament and the justiciary, the three arms of government, have to be separate for a democracy to work.

This concept is recognised across the world and has been since the 18th Century. However, the Scottish Government does not grasp this. They instead believe that winning a Holyrood election effectively makes them a dictatorship over everyone in Scotland.

That includes lawyers, judges and the legal profession.

Courts and the legal system are a vital part of any governmental set-up. They are key to proper democratic function.

In America, a country which adheres to democratic principles, Richard Nixon lost the presidency because of a decision of the Supreme Court – releasing the White House tapes.

Similarly, with Donald Trump just now it will be the courts which decide the outcome of the many allegations against him.

The ultimate decisions of these hugely important matters will be for the courts to determine, free from any interference from the executive or legislature. The fact the courts are determining political matters doesn’t matter.

The courts still have to do their jobs in these difficult areas, and do it independently. When I was BBC Scotland’s lawyer, I acted on many occasions against the SNP, who are now in charge of the Scottish Government. I won all these cases.

When the Scottish Government set up a committee on defamation, despite the fact I was the Scots lawyer who had conducted more defamation cases than any other, I was not put on the committee.

This was quite simply because I was seen by the SNP Government as ‘an enemy’, rather than one of the favoured few lawyers who could be relied on. Critics might say they only like tame toadies.

This is exactly the course of action which weak administrations are liable to take when in positions of power. Also, remember that a significant amount of litigation involves the Scottish Government.

The judges note this in their consultation document.

It has to be the case that the lawyers acting against the Government can do their honest best and proceed with integrity and without fear of the consequences.

If this Bill becomes law, I have little doubt the Scottish Government would victimise any lawyer who successfully pled a case against them. And to be blunt, as they lose most cases, there will be plenty of potential lawyer victims.

The level of incompetence in the Scottish Government is extremely worrying as has been amply demonstrated by the ferry fiasco, the failed Scottish census, the idiotic gender recognition laws, in fact too many failures to list here. Virtually everything they touch goes horribly wrong.

It’s probably a consequence of their lack of experience. Very few of them have had a job outside the Scottish political bubble and very few have broad life experience.

As a result, they are appallingly bad at selecting the right people to do any task.

If they take over regulation of the legal profession, which is effectively what they are proposing to do, you can be sure they will appoint someone who has no real knowledge or the necessary independence to act as a proper regulator. In short – only toadies need apply.

I can’t believe the Scottish public wish to live in a near dictatorship. This Bill is another manifestation of this philosophy and way of acting. The kindest way of looking at this Bill is that Scottish Ministers are simply incompetent and do not understand its implications.

The less sympathetic assessment is that it is something more sinister, and yet another example of them wishing to control the democratic function of Scottish society.

This attempt to take over the regulation of the legal profession is extremely worrying. It must be resisted. It may not be you today. But they will come for you next.