I believe that existing evidence of failures to comply with ethical standards and statutory law exposes multiple opportunities for wilful harm: and undermines the rule of law in Scottish public life.
I believe that there is currently no mechanism to prevent or efficiently deter Politicians and other public servants from acting in a manner which:
(i) results in harm to public services,
(ii) undermines the human rights of individuals, and
(iii) fails to comply with the rule of law and judgments of the Court System.
I believe that the absence of such a mechanism has resulted in a flawed status quo; despite legislation and ethical standards to which individuals with the power of privileged and public position, in Scotland, are expected to conform.
Examples of actions to be considered:
- The Lord Advocate to be removed from the position of Scottish Minister; in order to maximise the appointed individual's capacity to ensure that the Scottish Government may be held fully accountable to the Courts and that it abides by the spirit and the letter of the law.
- Creation of a compensation scheme to include a system of fines for individual decision makers. Such fines may be commensurate with the degree of harm caused by, for example, Government wrongdoing. This scheme could offer prompt reparation to victims as and when Government (and its agencies') wrongdoing has been established.
- Introduction of supranational institution oversight of the Scottish Government, for example, at a European Union and/or United Nations level.