Campaigner Iain Mckie, the former police officer who spearheaded the reappraisal of his daughter Shirley Mckie's case involving the SCRO fingerprinting unit, has written to Justice Secretary Kenny MacAskill calling on the minister to investigate the actions of the Crown Office, who have blacklisted the Firm.

The Crown's action came in direct response to prior concerns expressed by the Firm's editor to Parliamentary Justice Spokespersons over the Crown Office’s consistent failure to address media inquiries put to it.

Mckie has asked MacAskill to provide assurances that the Crown's actions do not represent government policy, and that he will put in place guidelines preventing "any organ of government behaving in such a high handed way so detrimental to the public interest."

He has also asked MacAskill to "work with the parties involved to ensure that procedures exist for the resolution of differences with the media and that this Crown Office behaviour is not taken as any form of precedent for future action."

"On a personal level while conducting my 14 year campaign for my daughter Shirley McKie I have unfortunately been faced with a secretive and closed Crown Office that apparently places little value on openness and accountability," he adds.

Mckie's letter can be read in full below.

-------- 
Kenny MacAskill MSP
Cabinet Secretary for Justice
The Scottish Parliament
Edinburgh
EH99 1SP

Dear Mr MacAskill,

Open and Accountable Government: Blacklisting of ‘The Firm’ by the Crown Office

Speaking in Edinburgh in April this year the First Minister of Scotland Alex Salmond stated.

“The House of Commons is now held in widespread disrepute. The best remedy is to offer a different style of MP. Local champions whose mission is to articulate community concerns.

“Every SNP candidate will sign a pledge of accessibility, accountability and openness on issues like expenses – it will be their Community Commitment.’”

I assume therefore that each and every member of the government shares these principles of, ‘accessibility, accountability and openness’.

As you are aware while the Lord Advocate and the Solicitor General for Scotland have independence in relation to criminal prosecutions and the investigation of deaths both are members of the Government and the Lord Advocate attends Cabinet by invitation. Presumably therefore they must be open to advice, guidance and even instruction on non-protected matters.

As members of the SNP administration I must assume that apart from the actual processes of criminal investigation and prosecution they are bound by the philosophy and principles of that Government.

By simple deduction therefore I would take it that in their non prosecutorial role they espouse the principles of ‘accessibility, accountability and openness’ articulated by the First Minster in April.

Unfortunately a recent action by the Crown Office on a non-protected matter completely undermines these principles.

In its internet edition of 7 July under the headline, ‘Crown Office blacklists The Firm’, the editor/publisher of ‘The Firm’ magazine Steven Raeburn explains how the Crown Office is refusing to communicate with his magazine regarding matters involving justice in Scotland.

‘The Deputy Crown Agent John Dunn has confirmed that the Crown Office will no longer communicate with the Firm or engage with its legitimate media inquiries. The action comes as a direct response to prior concerns expressed by the Firm's editor to Parliamentary Justice Spokespersons over the Crown Office’s consistent failure to address media inquiries put to it.

The Crown Office have classified the Firm’s approach as “unacceptable” and accused the Firm of “persistent rudeness and abusive communication.”

“Accordingly, I write to advise you that the Crown Office and Procurator Fiscal Service will not enter into further communication with you as an individual or in your capacity as Editor of the Firm,” Dunn says.’

Mr Raeburn and ‘The Firm’ have been in the vanguard of those seeking a Scottish Justice System that is open and accountable. In addition to being subscribed to by myself, readers of ‘The Firm’ include over 10,000 solicitors and 500 or so advocates and the magazine is seen as one of Scotland’s most important journals for highlighting and discussing legal matters.

As a member of the public, someone who cares about justice in Scotland and a potential SNP voter I would seek your assurance.

• That this ‘blacklisting does not represent government policy.
• That you will carry out an immediate enquiry into this matter.
• That you will put in place guidelines preventing any organ of government behaving in such a high handed way so detrimental to the public interest.
• That you will work with the parties involved to ensure that procedures exist for the resolution of differences with the media and that this Crown Office behaviour is not taken as any form of precedent for future action.

On a personal level while conducting my 14 year campaign for my daughter Shirley McKie I have unfortunately been faced with a secretive and closed Crown Office that apparently places little value on openness and accountability.

On the other hand through the good offices of MSP’s like Michael Russell and Alex Neil I have found the SNP extremely supportive of my cause and of course we await the report of the Inquiry under the Rt Hon Sir Anthony Campbell that you commissioned in 2008.

I would hope that in this instance reason will prevail and that the Crown Office will be instructed to uphold the principles of openness and accountability in its dealings with the media and indeed with any individuals fighting the power of the state.

Yours sincerely,