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Patricia Scotland

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The Baroness Scotland of Asthal
Scotland speaking at the Royal Courts of Justice before LGBT History Month. (2007)
Shadow Attorney General for England and Wales
Assumed office
11 May 2010
LeaderEd Miliband
Preceded byEdward Garnier
Attorney General for England and Wales
In office
28 June 2007 – 11 May 2010
Prime MinisterGordon Brown
Preceded byThe Lord Goldsmith
Succeeded byDominic Grieve
Advocate General for Northern Ireland
In office
12 April 2010 – 11 May 2010
Prime MinisterGordon Brown
Preceded byPosition established
Succeeded byDominic Grieve
Attorney General for Northern Ireland
In office
28 June 2007 – 12 April 2010
Preceded byThe Lord Goldsmith
Succeeded byJohn Larkin
Personal details
Born (1955-08-19) 19 August 1955 (age 68)
Dominica
Political partyLabour
Alma materCambridgeshire College of Arts and Technology
University of London
Middle Temple

Patricia Janet Scotland, Baroness Scotland of Asthal, PC, QC (born 19 August 1955) is a British barrister, and served in many ministerial positions within the UK Government, most notably as the Attorney General for England and Wales and Advocate General for Northern Ireland.

Early life

Baroness Scotland was born in 1955 in the Commonwealth of Dominica as the tenth child of twelve. Her family moved to Walthamstow when she was two years old. She attended the Walthamstow School for Girls. She is a Roman Catholic.[1] She was educated at Mid Essex Technical College in Chelmsford where she pursued a London University (LLB) law degree in 1976 (in association with University College London). She was called to the bar at the Middle Temple in 1977, specialising in family and children's law. She made history in 1991 by becoming the first black woman to be appointed a Queen's Counsel.

Career advancement

Early in 1997 she was elected as a Bencher of the Middle Temple. Scotland was named as a Millennium Commissioner on 17 February 1994, and was a member of the Commission for Racial Equality. She received a life peerage on a Labour Party list of working peers in 1997.

Government Posts

From 1999 - 2001, Baroness Scotland was the Parliamentary Under-Secretary of State at the Foreign and Commonwealth Office where she was inter alia, responsible for the UK Government's diplomatic relations with North America, the Caribbean, Overseas Territories, Consular Division, British Council, administration and all Parliamentary business in the House of Lords. Baroness Scotland notably introduced the International Criminal Court Bill which sought to ratify the jurisdiction of the International Criminal Court into UK law. Baroness Scotland established the Pro Bono Lawyers Panel, a panel of British-based lawyers who provided legal advice on a pro bono basis to United Kingdom nationals imprisoned in foreign countries. Baroness Scotland created an Overseas Territories Council for the Caribbean and reformed and restructured the Foreign and Commonwealth Office's Consular Division to be able to respond more effectively to emergencies and disasters abroad such as the 9/11 terrorist atrocities.

In 2001, she became Parliamentary Secretary, Lord Chancellor's Department, and was made a member of the Privy Council. She was the Minister responsible for civil justice and the reform of civil law including the comprehensive reform of land registration leading to the Land Registration Act 2002. She was also responsible for international affairs at the Lord Chancellor’s Department and was appointed by the then Prime Minister, Tony Blair as the UK Alternate Representative to the European Convention [2] and was given primary responsibility for the negotiations in relation to the Charter of Rights which were successfully concluded in 2003. During this period she consolidated the strong relations created with all the applicant countries through the FAHR programme and the Member States and was subsequently awarded the Polish Medal for her contribution to the reform and development of Law in Poland.

Baroness Scotland was a contender for a cabinet position in 2003, when then Prime Minister Tony Blair reportedly considered appointing her Leader of the House of Lords.[3]

In 2003, Baroness Scotland was made Minister of State for the Criminal Justice system and Law Reform at the Home Office and deputy to the Home Secretary. She served in that post until 2007 under three Home Secretaries: David Blunkett, Charles Clarke and John Reid. Whilst at the Home Office she was responsible for major reform of the criminal justice system. She created the Office of Criminal Justice Reform [4] which helped to create and support the National Criminal Justice Board and the Local Criminal Justice Board. Having acted as Chair, she then created three Alliances to reduce re-offending (Corporate, Civic and Faith based Alliance) and the Corporate Alliance against Domestic Violence[5]. She created an advisory group on victims and the Criminal Justice Centre, Victims and Witness units.

Baroness Scotland created Inside Justice Week[6] and the Justice Awards. She introduced the Crime and Victims Act which created new offence of familial homicide which was successfully used to prosecute the killers of Baby P who would otherwise have escaped responsibility for his death. By 2009, domestic violence in the UK had been reduced by 64% [7]. The domestic violence homicide rate had been significantly reduced and crime was at its lowest since 1991.

Baroness Scotland continued her responsibility for international affairs at the Home Office and continued to represent the UK in a number of difficult and challenging international negotiations such as those relating to extradition.

In 2004, Baroness Scotland was considered to be a possible candidate to become a Commissioner of the European Union.

Attorney General

On 28 June 2007, Baroness Scotland was appointed Attorney General by the new Prime Minister, Gordon Brown. She was the first woman to hold the office since its foundation in 1315. As the Attorney General she was the Chief legal adviser to: Her Majesty the Queen, Parliament and the Government, Supervisor and Superintendent of the Prosecutorial Authorities (SFO,CPS, RCPO), Leader of the Bar and had non statutory oversight of the prosecutors in government departments, the Treasury Solicitors Department and armed services prosecuting authority. She was Guardian of the Rule of Law and Public Interest. She was one of the three Cabinet Ministers responsible for the Criminal Justice system and had specific responsibility for fraud policy and the National Fraud Authority and chaired the Inter-Ministerial Group responsible for the improvement of the response to fraud and e-crime.

She was instrumental in creating the Quintet[8] which brought together the Attorneys General of USA, Canada, Australia and New Zealand to consider issues of joint legal and systemic concern. During her time as Attorney General, Baroness Scotland she continued to promote pro bono work by lawyers and created an international and Schools Pro Bono Committee which was responsible for co-ordinating pro bono work. Baroness Scotland created the Pro Bono Awards and Pro Bono Heroes. She also created an Attorney General's Youth Network [9]to help children better understand the Rule of Law.

She was the last Attorney General for England and Wales also to be the Attorney General for Northern Ireland before the devolution of justice powers to the Northern Ireland Assembly, and the appointment of a separate Attorney General for Northern Ireland.

When Labour left government on 11 May 2010, Baroness Scotland became the Shadow Attorney General and was reappointed to that role by Ed Miliband when he appointed his first Shadow Cabinet in October 2010[10].

Charitable work

Baroness Scotland is the Patron of the Corporate Alliance against Domestic Violence[11]. Baroness Scotland is the joint Patron of Missio[12], a charity which is the Catholic Church’s official support organisation for overseas mission[13].

Awards

Baroness Scotland has been voted Peer of the Year by Channel 4[14], the House Magazine[15], Parliamentarian of the Year by the Spectator[16] and the Political Studies Association [17] and received a number of other awards for her contribution to law reform in the UK and abroad.

Baroness Scotland was awarded an Honorary Degree from the University of East London in 2005.[18]

Public speaking

In January 2010, Baroness Scotland gave the keynote address to the Faculty of Law of the Hebrew University of Jerusalem as part of the Lionel Cohen lecture series[19]. In September 2009, Baroness Scotland gave the keynote speech of the 9th Stephen Lawrence Memorial Lecture[20]. In July 2009, Baroness Scotland gave the keynote speech to the CPS Community Conference[21]. In May 2009, Baroness Scotland gave the keynote speech at the Law Society of Scotland Conference[22].

NatWest Three

A new extradition treaty with the United States of America had been signed on 31 March 2003. Baroness Scotland had the responsibility for promoting the necessary legislation in the House of Lords.[23]. The "NatWest Three" extradition case, which made use of the extradition treaty. The three men were British citizens, living in the UK and working for the Royal Bank of Scotland Group, a British bank. On 12 July 2006, in a highly unusual move, the Speaker of the House, Michael Martin, allowed an emergency debate on both the treaty and the NatWest Three after a request by Liberal Democrat frontbencher Nick Clegg.

During the debate, Baroness Scotland's view in 2005 that a higher threshold to establish "probable cause" was required by the UK to extradite from the US than vice versa was contrasted by Nick Clegg to comments the Prime Minister had made in July 2006 in which he stated that the evidential burdens on the two countries were the same.[24] The 'NatWest Three' were subsequently extradicted, and accepted a plea bargain arrangement under which they pleaded guilty to a single count of wire fraud in the United States

Illegal immigrant employment controversy

On 17 September 2009, the UK Border Agency stated that it was conducting an investigation into allegations that Lady Scotland was employing an illegal immigrant as her housekeeper, contrary to the Immigration, Asylum and Nationality Act 2006, which she herself as a Home Office Minister had been responsible for steering through the House of Lords.[25] Labour MP Graham Stringer called for Scotland to be sacked over the matter, feeling she had tarnished the government and that the matter caused people to believe the Government was "passing laws it is not applying to itself".[26] As an employer of someone subject to immigration control who was not entitled to work in the UK, she was required to pay a penalty[27] set by the Border Agency at £5,000; she would have been excused had she inspected, and kept copies of, suitable documents which established that the housekeeper was entitled to work in the UK.[28][29] When Scotland likened the penalty to the fine imposed for failing to pay the London congestion charge, her remarks drew additional criticism.[30] Opposition politicians called for her resignation or dismissal and "a senior cabinet colleague" was quoted as saying "Her position is untenable. She's toast."[31] On 23 September 2009, Stephen Hesford resigned from the Government in protest against her remaining.[32] Her former housekeeper later stated that she had not been asked for immigration documents and, in particular, had not been asked for and had not shown a passport, a claim denied by Baroness Scotland.[33] The housekeeper's passport, seized by the UK Border Agency, contained a forged visa, but even the forged visa had expired at the date Baroness Scotland claimed to have inspected it. Baroness Scotland has since suggested that there must have been a second passport, so far undiscovered, and that this was the passport she inspected, but failed to copy.[34]

Personal life

Baroness Scotland resides in London[35] and in Asthal, the Oxfordshire village, where she and her barrister husband live with their two sons.[36]

References

  1. ^ http://www.catholicherald.co.uk/features/f0000331.shtml
  2. ^ http://www.parliament.uk/biographies/patricia-scotland/26608
  3. ^ New Face of the Lords, The Guardian, 7 October 2003.
  4. ^ http://webarchive.nationalarchives.gov.uk/+/http://www.homeoffice.gov.uk/inside/org/dob/direct/ocjr.html
  5. ^ http://www.caadv.org.uk/
  6. ^ http://www.justice.gov.uk/news/announcement171008a.htm
  7. ^ http://www.equalities.gov.uk/media/press_releases/domestic_violence_drop.aspx
  8. ^ http://www.ag.gov.au/www/ministers/mcclelland.nsf/Page/MediaReleases_2009_FourthQuarter_9November2009-Communique-QuintetofAttorneysGeneral
  9. ^ http://www.attorneygeneral.gov.uk/NewsCentre/Pages/AttorneyGeneral'sYouthAdvisoryCouncilmeetsforthefirsttime.aspx
  10. ^ http://www2.labour.org.uk/labours-new-front-bench-team
  11. ^ http://www.caadv.org.uk/board_patron.php
  12. ^ http://www.missio.org.uk/
  13. ^ http://www.missio.org.uk/mission/index.php
  14. ^ http://www.guardian.co.uk/politics/2007/jun/28/labour.uk11
  15. ^ http://www.domnitjen.com/profiles/profile_scotlandp.html
  16. ^ http://news.bbc.co.uk/1/hi/uk_politics/4425550.stm
  17. ^ http://www.psa.ac.uk/Content.aspx?ParentID=2&SearchID=1000005
  18. ^ "UEL Alumni Newsletter".
  19. ^ http://www.attorneygeneral.gov.uk/NewsCentre/Speeches/Pages/%E2%80%9CLawfare%E2%80%93TimeforRulesofEngagement%E2%80%9D.aspx
  20. ^ http://www.attorneygeneral.gov.uk/NewsCentre/Speeches/Pages/AttorneyGeneral-KeynoteSpeech%E2%80%93StephenMemorialLecture.aspx
  21. ^ http://www.attorneygeneral.gov.uk/NewsCentre/Speeches/Pages/KeynoteSpeech%E2%80%93CPSCommunityConference.aspx
  22. ^ http://www.attorneygeneral.gov.uk/NewsCentre/Speeches/Pages/KeynoteAddressAtLawSocietyOfScotlandConference-TheRuleOfLaw.aspx
  23. ^ Extradition Debate Hansard, 12 July 2006.
  24. ^ Extradition Debate Hansard, 12 July 2006.
  25. ^ "Immigration officials to investigate Attorney General Baroness Scotland over housekeeper". London: Telegraph. 2009-09-17. Retrieved 2009-09-17.
  26. ^ Glen Owen, "Labour MP: It's extraordinary Brown hasn't sacked Baroness Scotland", Mail on Sunday, 20 September 2009.
  27. ^ Immigration, Asylum and Nationality Act 2006 s15
  28. ^ John Bingham, Rosa Prince, "Attorney General Baroness Scotland fined £5,000 over illegal immigrant housekeeper", Daily Telegraph, 22 September 2009.
  29. ^ "Pressure on law chief after fine", BBC News online, 22 September 2009.
  30. ^ Watt, Nicholas (2009-09-22). "Gordon Brown spares Lady Scotland — but congestion charge remark fuels criticism". London: The Guardian. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  31. ^ "Baroness Scotland Urged to Quit by Ministers", Daily Telegraph 22 September 2009.
  32. ^ Aide quits over Attorney General BBC News online, 23 September 2009.
  33. ^ Barrett, David (2009-09-26). "Baroness Scotland faces new inquiry". London: Telegraph. Retrieved 2009-09-27.
  34. ^ "I didn't show Baroness Scotland any passport, says housekeeper in sensational new allegations". London: Mail on Sunday. 2009-09-27. Retrieved 2009-09-28.
  35. ^ "Baroness Scotland faces new inquiry call over £170,000 London allowance". Telegraph. 2009-09-20. [dead link]
  36. ^ Tran, Mark (2007-06-28). "Profile: Lady Scotland". London: Guardian.

Offices held

Political offices
Preceded by Attorney General for England and Wales
2007–2010
Succeeded by
Attorney General for Northern Ireland
2007–2010
Succeeded by
New office Advocate General for Northern Ireland
2010
Succeeded by

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