At its meeting on 8 February 2022, the Equalities, Human Rights and Civil Justice Committee considered the following instrument:

• The Maximum Number of Judges (Scotland) Order 2022 [draft]

The instrument is subject to the affirmative procedure (Rule 10.6).

The draft SSI was laid before the Scottish Parliament on 16 December 2021 and referred to the Equalities, Human Rights and Civil Justice Committee.

The purpose of this instrument is to increase the maximum number of persons who may be appointed judges of the Court of Session from 35 to 36.

This is required as a consequence of the upcoming appointment of a Court of Session judge as Chair of the Covid Inquiry (“the Inquiry”) from 2022. The appointee will be seconded to the Inquiry. During the secondment, the judge will not be available to sit in court however will remain a judge for the purposes of the statutory limit in section 1(1) of the Court of Session Act 1988.

The Delegated Powers and Law Reform Committee (DPLR) considered the instrument at its meeting on 21 December 2021. The DPLR Committee agreed that it did not need to draw the Parliament’s attention to the instrument on any grounds within its remit.

It is for the Equalities, Human Rights and Civil Justice Committee to recommend to the Parliament whether the Order should be approved.

The Cabinet Secretary for Justice and Veterans ("the Cabinet Secretary"), Keith Brown MSP, has, by motion S6M-02595 proposed that the Committee recommends the approval of the Order.

The Committee took evidence from the Cabinet Secretary at its meeting on 8 February 2022.

Following the evidence session, the Cabinet Secretary moved motion S6M-02595—That the Equalities, Human Rights and Civil Justice Committee recommends that The Maximum Number of Judges (Scotland) Order 2022 [draft] be approved.

The motion was agreed to without division or dissent.