Judges chairing inquiries having major impact on court system – Lord President

Appointing members of the judiciary to chair public inquiries has a “disproportionate impact on an already overstretched resource”, Scotland’s most senior judge has warned.

Lord Pentland, who took over as Lord President in February, said when a judge agrees to chair an inquiry “the knock-on impact is substantial, particularly at the present time”.

He raised his concerns in a letter to MSPs on Holyrood’s Finance and Public Administration Committee, which is investigating the cost effectiveness of public inquiries.

Figures from the Scottish Parliament Information Centre show that as of June, the cost of ongoing public inquiries in Scotland was £240 million “thus far”.

A number of such inquiries are currently under way, including into the response to the Covid-19 pandemic, the historic abuse of children in care, and the death of Sheku Bayoh in police custody.

In his letter, the Lord President said: “If a judge is to be appointed to chair a public inquiry, it is very unlikely they will be able to continue to sit in court cases during the appointment.”

Adding there are only 36 senior judges who sit in High Court cases and in the Court of Session, he said having judges chair public inquiries led to a loss of almost 10% of sitting days in these courts.

Lord Pentland set out: “In a typical year, such a judge would sit for 205 days. That translates as approximately 34 criminal trials.

“There are currently three serving senior judges chairing public inquiries. That amounts to nearly 10% of the sitting days available to deal with civil and criminal cases of the most serious kind, cases which the public has every right to expect will be dealt with reasonably promptly.”

He said even without judges sitting on public inquiries, senior judges are under “intense pressure”, adding: “This is due to the far higher and sustained volume of serious criminal cases that was emerging just before the pandemic and which has since accelerated.

“Appointing a judge to a public inquiry therefore has a disproportionate impact on an already overstretched resource as far as the core role of sitting on court cases and presiding in jury trials is concerned.”

He pointed out that as it stands, the number of pending trials in Scotland’s high courts “is on track to double this year, compared to 2019-20”.

Lord Pentland also noted case volumes from the first three months of 2025 have “already exceeded original projections” from the Scottish Courts and Tribunal Service

He said it is a “matter for ministers as to whether they wish a judge to chair a public inquiry”.

Lord Pentland said he is “happy to assist ministers” in finding judges to lead inquiries, saying the role as inquiry chair is “a rewarding experience professionally, notwithstanding the challenges involved”.

But the Lord President said he echoed the point made by his predecessor, Lord Carloway, that “a judge is not always necessary or in some cases the right fit to chair a public inquiry”.

His comments come after David Kennedy, the general secretary of the Scottish Police Federation (SPF), said public inquiries are having a “detrimental impact” on policing.

Speaking in June, Mr Kennedy said: “The amount of and the sheer task that public inquiries place on the police service, resource wise, is quite extraordinary.”

Meanwhile Kenneth Gibson, the convener of the Finance and Public Administration Committee, said “public inquiries often involve significant sums of money”, which is “an issue our members have raised concerns over”.

Mr Gibson added that “no Holyrood committee has examined the topic of statutory public inquiries before – in any level of depth”, saying the current work is therefore “timely and appropriate”.

A Scottish Government spokesperson said: “We welcome the committee’s interest and look forward to hearing its views.

“Public inquiries are set up when no other avenue is deemed sufficient given the issues of public concern.

“In many cases, such as the Scottish Covid-19 Inquiry, they are established with the support of, or in response to calls from, the Scottish Parliament.

“When appointing a chair, Ministers take into consideration a range of matters, including the views of affected parties who wish to see an inquiry established.

“In cases where a serving judicial chair is proposed, Ministers must consult the Lord President in relation to any appointment.”