Scottish Government refuses to comment on 'the judiciary’s use of AI' following Sandie Peggie ruling
Judges in the employment tribunal between nurse Sandie Peggie and NHS Fife have been accused of using AI to compile their report.
A Conservative MSP said he is “astonished” the Scottish Government will not respond to claims that AI was used in the Sandie Peggie v NHS Fife ruling.
Employment Judge Sandy Kemp issued his judgement in the ongoing employment tribunal over a trans doctor’s use of the female changing rooms last month. It concluded NHS Fife had harassed Ms Peggie in how it handled complaints against her, but all other matters, including all those against Dr Beth Upton, failed.
However, several corrections have since been made to the judgement and an incorrect quote was found to have been included, leading campaigners to accuse the tribunal of using AI to compile the report.
Murdo Fraser MSP had asked the Scottish Government to intervene on the matter, but ministers have refused to do so, saying the judiciary must be independent of government.
Speaking in Holyrood, Community Safety Minister Siobhian Brown said: “The Scottish Government doesn’t consider it appropriate to comment on the judiciary’s use of AI because the judiciary is independent of the Scottish Government.
“In order to preserve the independence of the legal system and protect it from political interference, legislation places a duty on all ministers and law officers to uphold the judiciary’s independence, barring them from trying to exert influence over judicial decisions.
“Decisions over judicial processes, including whether to use AI in composing judgements, are solely for the judiciary to determine.”
Mr Fraser said he was “astonished” at the minister’s response.
He said: “I am really astonished that Scottish ministers don’t consider it a serious matter that AI could be used to compile judgements in court.
“The publication of the employment tribunal between Sandie Peggie and NHS Fife raised really serious concerns.
“The number of manifest errors in it and the number of unprecedented corrections that had to be made led to suspicions that AI was used to produce the judgement - shouldn't the Scottish Government speak urgently to the lord president [of the judiciary] about this matter to ensure the maintenance of public confidence in the judicial system?”
Ms Brown also said the Scottish Government “supports the ethical and responsible use of AI in public services”, but “has no role in judicial decision”.
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