SCOTTISH judges are being called on to register any gifts and hospitality they receive, after it emerged that ordinary court service staff are compelled to declare the presents they receive from solicitors and QCs.
The Sunday Herald has learned that court clerks and other officials have declared around 500 gifts and examples of hospitality in the last six years, most of which are from legal firms, yet members of the judiciary are under no such obligation.
Leading QC John Scott said the introduction of a voluntary register was a "good idea".
The Lord President, Lord Gill, last week sparked controversy by snubbing a parliamentary committee's request for oral evidence on a potential judicial register of interest.
MSPs wanted to ask Lord Gill about a proposal that would result in members of the judiciary having to declare outside financial interests, such as shareholdings, but the country's top judge refused on the grounds of "constitutional principle".
However, the Sunday Herald has learned judges and sheriffs do not even have to register any gifts they have taken, a basic disclosure requirement for other public servants.
The lack of accountability contrasts with the stringent rules for the Scottish Court Service (SCS) staff who work with judges and sheriffs.
Figures obtained by this newspaper reveal court employees regularly receive presents from the legal firms and lawyers who use the system.
Between April 2008 and March this year, around 500 gifts and examples of hospitality were declared.
Treats were given to sheriff clerks, who manage the sheriff courts, to be distributed among staff. Individual gifts included 21 bottles of Lanson champagne, Chanel perfume and Marks & Spencer gift vouchers.
A "trip in a light plane" for a senior court official was also recorded, while a solicitor paid a £25 parking charge for a sheriff clerk. Football tickets were also offered, and accepted.
In 2010, the SCS became concerned about whether staff failed to register gifts. An external probe was launched, undertaken by former Accountant in Bankruptcy chief executive Gillian Thompson. It included interviews with 147 staff and focused on compliance.
According to the report, the majority of staff acknowledged "accepting gifts could be perceived by others to compromise their neutrality".
Although Thompson did not find any breaches of the rules, she recommended the SCS tighten its policy.
As a result, the court service ruled that all gifts worth less than £15 must be recorded, while presents above this value must also be approved by senior staff before being accepted.
But members of the judiciary are not governed by a registration rule.
John Scott QC, a partner in Capital Defence Lawyers, said: "A voluntary register of gifts and hospitality might be a good idea."
A Judicial Office for Scotland spokeswoman said: "There is no register for gifts and hospitality for the same reason that there is no register of interests. Judicial office-holders are bound by their oath and subject to the guidance contained in the Principles of Judicial Ethics."
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