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Manin: Judiciary Adopts Self Regulatory Code Of Conduct

Saturday, August 27th, 2011

MANNIN: JUDICIARY ADOPT SELF REGULATORY CODE OF CONDUCT

A year ago the Celtic League expressed concern about the lack of judicial oversight regulation in the Isle of Man – a concern which went unreported in the Manx media (see link):

http://groups.yahoo.com/group/celtic_league/message/3443

Now the Isle of Man judiciary have brought out a `code of conduct’ for the first time. The code, identical to one already in place in another Crown dependency, seems to have been adopted in some haste – a recognition perhaps of the unsatisfactory situation we had highlighted.

Obviously the Celtic League are pleased that the code, which goes someway to meeting a deficiency we had outlined, has been issued. However the new document is in essence self regulatory and was issued by the First Deemster with a somewhat pious declaration saying:

“It is hoped that the publication of this Code of Conduct will assist in underlining to the community the high standards of conduct rightly expected from judges in this jurisdiction. It will also be a useful document for the Manx Judiciary in considering the high standards expected of them in their judicial and personal lives.”

The somewhat brief missive from the Isle of Man Courts of Justice ends by saying
(at para 22):

“This Code of Conduct will be kept under review from time to time and may be amended in the future.”

There is no doubt that an early review is warranted which should lead to some regulatory oversight being added to make the code more than a PR exercise for the Courts of Justice.

A copy of the code can be found at the link below:

http://www.courts.im/lib/docs/courtservice/PressRelease/judiciarycode.pdf

J B Moffatt (Mr)
Director of Information
Celtic League

27/08/11

The Celtic League has branches in the six Celtic Countries. It works to promote cooperation between these countries and campaigns on a broad range of political, cultural and environmental matters. It highlights human rights abuse, monitors all military activity and focuses on socio-economic issues.

TEL (UK)01624 877918 MOBILE (UK)07624 491609

Internet site at:

http://celticleague.net
http://groups.yahoo.com/group/celtic_league/

Tags: Judicial revue, Manin
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Time To Address The Scandal of Judges And Deemsters Pay

Sunday, May 1st, 2011

TIME TO ADDRESS THE SCANDAL OF JUDGES AND DEEMSTERS PAY

British, Manx and Irish Judges pay is disproportionate in terms of global judicial pay scales

The announcement by An Taoiseach Enda Kenny that he is to press ahead with a referendum which will remove a constitutional safeguard on the wages of Ireland’s judges is a wake-up call to other communities across the British Isles about the scandal of the pay and perks of the judiciary.

Salaries paid to UK (including Manx Deemsters who are analogued to UK scales) and Irish judges are the highest in the World (in fact Ireland is slightly behind the UK).

In these difficult economic times, as other classes of public and private workers have had to endure the privation of cuts or freezes in pay, these be-wigged denizens of the High Courts have been immune from such realities.

Speaking today Enda Kenny reinforced his determination to proceed with reform stating that Judges were not a special case and could not expect to be treated as such.

It is to be hoped that politicians in both the Isle of Man and the United Kingdom also realise that it is time to `call time’ on extravagant salaries and the gilt-edged pensions that uniquely amongst public servants the judiciary receive.

Irish District court Judges receive salaries ranging from 148,000 Euro and the Circuit Court Judges 177,000 Euro.

Meanwhile Deemsters (High Court Judges) in the Isle of Man are even better paid and receive up to £173000 in line with Group 3 on the UK Judicial Salary Structure.

However, pay is just the tip of the iceberg and `fringe benefits’ are also generous. UK and Manx Judges can expect to walk away with a 50% pension after 20 years aggregated service.

All this for what the last job specification for a Deemster described as “no pre-determined hours of work”.

Meanwhile equivalent High Court Judges in both the United States and France earn roughly $200,000 whilst those serving in Germany earned just $108,000. A quick calculation at today’s exchange rates indicates the staggering difference between these pay scales and those of their greedy UK, Manx and Irish
colleagues!

J B Moffatt (Mr)
Director of Information
Celtic League

29/04/11

The Celtic League has branches in the six Celtic Countries. It works to promote cooperation between these countries and campaigns on a broad range of political, cultural and environmental matters. It highlights
human rights abuse, monitors all military activity and focuses on socio-economic issues.

TEL (UK)01624 877918 MOBILE (UK)07624 491609

Internet site at:

http://celticleague.net
http://groups.yahoo.com/group/celtic_league/

Tags: judges pay, Judicial revue
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Mannin: Will Judiciary Selection Changes Advance Transparency?

Sunday, September 19th, 2010

NEWS FROM THE CELTIC LEAGUE

MANNIN: WILL JUDICIARY SELECTION CHANGES ADVANCE TRANSPARENCY?

The Isle of Man Chief Minister has responded to a query from the Celtic League about the procedure for the appointment of members of the judiciary. The League had written to the CM last month ahead of recently announced changes unveiled in the past few days.

The Celtic League had asked about transparency in the appointment process, particularly in the light of comment some years ago by the UK Department of Constitutional Affairs.

See link:

http://groups.yahoo.com/group/celtic_league/message/3454

Whilst the changes detailed by the Chief Minister and the more direct involvement of both his Office and the President of Tynwald are a welcome constitutional development it remains to be seen how this advances transparency. The full text of the Chief Ministers reply is set out below:
“Thank you for your letter dated 28 August 2010 concerning the judicial appointments process.

The appointment of members of the judiciary has very recently undergone a constitutional change. These positions will now be advertised and a shortlist of candidates, assessed against the job and person specification, will be drawn up for interview. The panel, now consisting of the First Deemster, the Chief Minister and the President of Tynwald will make recommendations to the Secretary of State for appointment by Her Majesty the Queen. This process has evolved, and continues to evolve, to take into account best practice in recruitment procedures. I have enclosed a copy of a press release and a letter to Members of Tynwald issued on Friday for your information.

The posts of both the First Deemster and Clerk of the Rolls and HM Attorney General will soon be advertised, interested applicants will be able to request an information pack which provides full details as to the selection procedure. Advertisements for these positions will appear in the local press, on the Chief Secretary’s Office website and the Isle of Man Law Society will be informed of the vacancies to draw to the attention of their members.

As you can see the recruitment of judicial officers is an open and transparent process and is reviewed each time a vacancy occurs to ensure the process conforms with current best practice.

Yours sincerely

Hon. A Brown MHK

Chief Minister

Enc.”

J B Moffatt (Mr)
Director of Information
Celtic League

18/09/10

The Celtic League has branches in the six Celtic Countries. It works to promote cooperation between these countries and campaigns on a
broad range of political, cultural and environmental matters. It highlights human rights abuse, monitors all military activity and focuses on
socio-economic issues.

TEL (UK)01624 877918 MOBILE (UK)07624 491609

Internet site at:

http://celticleague.net
http://groups.yahoo.com/group/celtic_league/

Tags: Judicial revue, Mannin
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Mannin: Judiciary Selection Why The Secrecy

Sunday, August 29th, 2010

NEWS FROM THE CELTIC LEAGUE

MANNIN: JUDICIARY SLECTION WHY THE SECRECY

Why is the selection process for members of the judiciary not more transparent the Celtic League has asked the Manx Government? (See below):

“The Chief Minister of the Isle of Man
Mr A Brown MHK
Government Buildings
Douglas
Isle of Man

28/08/10

Dear Chief Minister,

In 2003 the UK DCA issued a consultative paper entitled “Constitutional reform: a new way of appointing judges”. The consultative paper was aimed at stimulating debate on judicial reform.

Tellingly the DCA paper says:

“In order for the judiciary to continue to command public confidence, it is vital that the process by which judges are selected and appointed must also command confidence. The present judicial appointments system has come under increasing scrutiny and challenge in recent years. Rightly or wrongly, the existing procedures are commonly seen as unaccountable and lacking in transparency. They are perceived by many to be systemically biased. Whether or not the system really is biased, the perception has an impact which is real
enough. This perception may damage public confidence in the administration of justice”

Can you indicate why there is so little transparency in relation to the appointment of members of the judiciary in the Isle of Man?

Would it be possible for the process surrounding the selection of all serving members of the judiciary (Deemsters, High Bailliff etc) to be made public or is this information regarded as to sensitive or confidential for the public to have access to?

Yours sincerely,

J B Moffatt (Mr)
Director of Information”

Ireland: Judicial Conduct Committee Proposal In New Bill

Friday, August 27th, 2010

NEWS FROM THE CELTIC LEAGUE

IRELAND: JUDICIAL CONDUCT COMMITTEE PROPOSAL IN NEW BILL

A new bill which will establish a Judicial Council in Ireland will ensure that Judges in Ireland who are the subject of complaint can be held to account via the establishment of a judicial conduct committee which will include lay member participation.

The current system in the other Celtic countries including the United Kingdom and the Isle of Man is that senior judicial figures are not the subject of independent scrutiny operating instead the operate under a self-regulatory framework which ensures they are accountable to no one. This leads to a fairly widespread lack of confidence in Judges (called Deemsters in the Isle of Man) in these jurisdictions

The proposed (Irish) Judicial Council Bill will ensure that members of the public, court staff and members of the legal profession who have a complaint about judicial conduct will have a forum to go to. There is extensive provision for the resolution of complaints in an informal
manner, and for dealing with issues relating to a judge’s mental or physical health. But there is no doubt that if required, the judicial conduct committee will have teeth.The main points of the Bill are:

The establishment of a judicial council

The creation of a judicial conduct committee

New guidelines for judicial ethics and conduct

The creation of procedures for investigating complaints against judges

All investigations will be carried out in private, and the identity of neither the complainant nor the judge may be made public.

The publication of any information or evidence in relation to complaints will be an offence, punishable on summary conviction to a fine of up to €3,000.

The provision of a system for carrying out an investigation into the mental or physical health of judges.

The judicial conduct committee will have the powers of the High Court in compelling witnesses and ensuring the production of documents and its hoped the council will promote high standards, efficiency and continued education among judges.

In addition the proposals allow for the creation of a number of committees, including a judicial studies institute, to further education and to provide information, including on sentencing, and judicial support committees.
Related information here:
http://www.justice.ie/en/JELR/General%20Scheme%20Judicial%20Bill.pdf/Files/Gener\
al%20Scheme%20Judicial%20Bill.pdf
J B Moffatt (Mr)
Director of Information
Celtic League

26/08/10

The Celtic League has branches in the six Celtic Countries. It works to promote cooperation between these countries and campaigns on a
broad range of political, cultural and environmental matters. It highlights human rights abuse, monitors all military activity and focuses on
socio-economic issues.

TEL (UK)01624 877918 MOBILE (UK)07624 491609

Internet site at:

http://celticleague.net
http://groups.yahoo.com/group/celtic_league/

Tags: Ireland, Judicial revue
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