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Survivors' group recommends high-profile lawyers to take on chairing of child abuse inquiry

By Janice Burns
National
July 19, 2016

http://www.thenational.scot/news/survivors-group-recommends-high-profile-lawyers-to-take-on-chairing-of-child-abuse-inquiry.20166

Human rights barrister Michael Mansfield

SURVIVORS have written to Deputy First Minister recommending three big names to replace the former chair of Scotland’s controversial child abuse inquiry.

In Care Abuse Survivors (INCAS), which represents the largest number of survivors in Scotland, has asked John Swinney to consider giving the job to leading English human rights barrister Michael Mansfield, or Scottish lawyers Lord Malcolm or Lord McEwan.

Earlier this month, the inquiry’s former chair Susan O’Brien QC resigned after formal proceedings were launched to remove her following claims she made comments that were offensive to survivors.

Panel member Professor Michael Lamb had stepped down just days before, saying the review was “doomed’’ due to interference by Scottish Government ministers.

Education Minister Swinney then met with child abuse survivors after saying they had lost faith in the inquiry. He denied claims of interference from ministers, said he was “utterly committed to an independent inquiry” and agreed to consider expanding the remit of the inquiry.

In a letter to Swinney, INCAS parliamentary liaison officer Alan Draper wrote: “You did agree to revisit the remit of the inquiry to consider including organisations who had a ‘duty of care’, and to look at redress being part of the remit.

“In the meantime, we again requested interim payments for elderly and sick survivors. We also recommended Michael Mansfield, Lord Malcolm or Lord McEwan should be the new chair.

“We feel that you have a lot of questions to answer about the dismissal of Susan O’Brien and it is right that it has been referred for investigation to the relevant parliamentary committee. We also indicated that the action taken by government had undermined survivor confidence. It is fair to state, however, that we have had confidence in the inquiry team.”

Mansfield has been involved in high-profile cases representing the families of the Hillsborough disaster, the Guildford Four, the Birmingham Six, the families of the victims of Bloody Sunday and Mohamed Al-Fayed in the inquest into the deaths of his son Dodi Al-Fayed and Diana, Princess of Wales.

Draper also called for another urgent meeting with key members of the INCAS group in a bid to move the inquiry on.

A Scottish Government spokesperson said: “Ministers’ primary focus remains on supporting the inquiry’s successful operation – including the appointment of a new chair.

“We are encouraged that INCAS have indicated their trust and confidence in the inquiry team. Throughout the process of deciding to establish a public inquiry, determining its broad terms of reference and ahead of appointing the panel to lead it, this government has liaised closely with survivors and representatives, taking account of the many and varied views on these and wider issues around support for survivors of child abuse.

“As the Deputy First Minister has made clear, we will continue to do so, including with a further meeting with survivors over the summer.”

Lamb, a professor of psychology at Cambridge University, said the inquiry’s fact-finding was being “constrained” and “micro-managed” by ministers.

In a letter to Swinney, he said: “It has become increasingly clear over the last nine months that the panel cannot act independently and that the Scottish Government intends to continue interfering in ways large and small, directly and indirectly.

“Continuing interference threatens to prevent the inquiry from investigating thoroughly and taking robust evidence of the highest quality.

"Repeated threats to the inquiry’s independence have undermined the panel’s freedom and have doomed the inquiry before the first witness has been heard.”

When O’Brien quit she stated her position has been “actively undermined” by officials in recent months.

Complaints were lodged due to two comments O’Brien made during a training session for inquiry team members. One concerned her recounting the experiences of a child sex abuse victim in a manner it was claimed “potentially breached confidentiality”.




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