Child Abuse Inquiry Is in Crisis after a Second Lawyer Goes As Victims Warn of "Devastating Blow" to the ?100million Probe
By Alexander Ward
The beleaguered public inquiry into historic child abuse was left in total crisis tonight as a second top lawyer left the ?100million probe. Elizabeth Prochaska, who was junior counsel to the Independent Inquiry into Child Sexual Abuse (IICSA), confirmed today that she had stepped down a fortnight ago. It came hours after it was announced that the senior counsel to the inquiry, Ben Emmerson QC, had been suspended amid claims of disputes with the probe's chairwoman, Alexis Jay. Mr Emmerson, who was appointed by Theresa May when she was Prime Minister, appears set to be the latest senior departure after three previous chairs quit. He is thought to have concerns about the vast scale of the ?100million inquiry. Former director of public prosecutions Lord Macdonald today said the inquiry had to be reformed or abandoned while victims groups branded the affair a 'charade'. IICSA is yet to hear a single day of evidence despite gathering millions of pages of material over the past two years. Mr Emmerson had been poised to quit after falling out with Professor Jay over whether to rein in the inquiry, which is tasked with completing 13 different inquiries into abuse allegations relating to virtually the entire British establishment.
Professor Jay, along with Home Secretary Amber Rudd, remain determined it should stick to the original terms of reference. Lord Macdonald said the inquiry had been 'careering out of control since its inception' and had to be reformed or abandoned. He added: 'From the start it has fatally confused a laudable desire to bring closure to generations of victims with … a tightly focused forensic inquiry into the changes that might better protect children in the future. 'The end result is an apparent attempt at mass therapy on a grotesque scale, which is unlikely to lead to any lasting public benefit … The question now is whether it is too late to be saved. 'The departure of Ben Emmerson, who has carried the bulk of its work for months, is a categorical disaster. It will be enormously difficult to find another lawyer of stature willing to swallow this poison pill in the absence of a total redesign.
'The Home Secretary needs to face up to reality: an inquiry lasting years into dozens of public institutions going back decades, quite unable to restrain its own remit, is destined to end as an embarrassing fiasco. 'It must be constrained … focused on the future and on deliverable and useful reforms. Otherwise it should be abandoned and closure left to the counsellors.' Lord Macdonald and Mr Emmerson are both members of Matrix Chambers in London. Stunned victims' groups said the top human rights barrister was the 'glue' that held the inquiry together. Ian McFadyen, a campaigner and survivor of abuse, said Mr Emmerson's suspension was a 'devastating blow'. He told the BBC Radio 4 Today programme: 'I think we have one of the largest inquiries that the United Kingdom is to undergo, and legal advice and counsel of his quality and expertise is essential.' He said the news raises questions over whether the inquiry is fit for purpose, adding: 'It's just been catastrophe after catastrophe and this is a devastating blow for survivors. 'I've been involved in this inquiry for the last two-and-a-half years, trying to make sure it is fit for survivors' purposes to engage with, and have met Mr Emmerson several times and he is someone who I hold in high regard and who I think is trustworthy, so I'm more than upset.' He said someone with huge legal expertise is needed to work with the inquiry. The suspension has reignited debate over whether the probe should be split up to make it more manageable. Mr McFadyen said the terms of reference cannot be altered without the full agreement of those involved but added that he 'has no issue' if it does need to be changed. 'We don't want an inquiry for an inquiry's sake,' he said. 'We want an inquiry that has teeth and that has positive outcomes for future child protection.' Andi Lavery, of Catholic survivors' group White Flowers Alba, which represents 70 victims, said: 'This can't carry on without him. 'It has only existed because of Ben Emmerson. He has been the glue holding everything together. 'If he leaves, the victims' groups will leave. Most have lost confidence already. 'This inquiry has been a sham, a charade. Theresa May made a lot of promises, she has not kept one of them.' Lord Macdonald and Mr Emmerson are both members of Matrix Chambers in London. The row comes after it emerged the inquiry is receiving as many as 100 fresh allegations every week. More than ?17.9million of taxpayer's cash has already been spent, but the inquiry, which will examine sex abuse claims at dozens of institutions, is yet to hear evidence. Earlier today David Enright, a solicitor representing 20 per cent of the core participants, called for Michael Mansfield QC to be made co-chairman. He said: 'The chair Professor Jay … does not have the legal experience to do this. [Mr Mansfield] is trusted by the victims and survivors and he has the gravitas and the ability … to drive this inquiry forward. 'The victims will be stunned and worried that yet again the wheels have come off the wagon.' One victim, Phil Frampton said: 'All these changes cause devastating uncertainty and anxiety to survivors … Mansfield has the support of many survivors.' Mr Mansfield was unavailable for comment.
Mr Emmerson's departure will raise further questions about the Prime Minister's judgment in setting up the inquiry. The vacancy could prove difficult to fill as a widely held view in the legal community is that the scope of the inquiry is unmanageably wide. NO JUSTICE FOR ALLEGED VICTIMS OF CYRIL SMITH
No further action is to be taken after a police investigation into alleged sex abuse of young boys at a Rochdale school. Greater Manchester Police launched a full criminal inquiry in July 2014 in the wake of a book by the town's MP, Simon Danczuk, which detailed alleged widespread abuse at Knowl View, a residential school, by Cyril Smith and others. The book claimed there had been a cover up by Rochdale council and a failure by police to investigate persistent calims of abuse at the now closed Bamford school between the 1960s and 90s. In September 2015 GMP confirmed they had sent a file on their investigation to the Crown Prosecution Service. But the inquiry has now closed - with just one person, who is to face trial in December, being charged. In a statement GMP said; 'Operation Jaguar was launched following reports of both physical and sexual abuse that took place at Knowl View residential school for boys from 1969 until the school closed in 1995. 'Between April 2014 and April 2015, 13 files with multiple allegations were submitted by Greater Manchester Police to the Crown Prosecution Service relating to 27 suspects and 16 victims, of both physical and sexual offences. 'In 2016, the CPS communicated their decision to GMP on the final one of the 13 files that was still under review. No further action will be taken in relation to this allegation. 'In May 2016, a further file was submitted to the CPS and in August 2016, the CPS advised that there was insufficient evidence to support a prosecution. No further action will be taken in relation to this allegation.' Tory MP James Berry, who sits on the Home Affairs Select Committee and was a barrister in the Leveson Inquiry, told Today another experienced and intelligent lawyer can be found to assist the inquiry. The departure of Ben Emmerson, who has carried the bulk of its work for months, is a categorical disaster. It will be enormously difficult to find another lawyer of stature willing to swallow this poison pill in the absence of a total redesign Lord Macdonald QC, ex-director of public prosecutions He said: 'The chair decides who to appoint as counsel to the inquiry; obviously the current chair didn't appoint Mr Emmerson. 'It has to be someone who is competent for the role who gets on with the chair.' He dismissed calls for the inquiry to be split up, saying an overarching probe is needed to make meaningful recommendations. Mr Emmerson is a 53-year-old deputy High Court judge, and was the British judge on the war crimes tribunals in Rwanda and Yugoslavia. He also represented the widow of former KGB agent Alexander Litvinenko in her legal battle to secure an inquiry into his murder. Mr Emmerson was paid was paid a staggering ?408,000 last year – almost double what Professor Jay earns. She is paid a salary of ?185,000 and receives an accommodation allowance of ?35,000. Professor Jay has said: 'I am confident we can adapt our working methods to make our task more manageable and to progress with our work more quickly.' Amber Rudd has also defended the scale of the inquiry, saying the original terms of reference were 'the right ones'. A Home Office source said there would be 'no change' to the inquiry's focus. TIMELINE: HOW THE TROUBLED INQUIRY INTO CHILD ABUSE HAS HAPPENED July 7, 2014 - Theresa May, then home secretary, announces a public inquiry with the remit of investigating whether 'state and non-state institutions' have taken seriously their duty of care to protect children from sexual abuse within England and Wales. Its chairwoman will be Baroness Butler-Sloss, a retired High Court judge. July 9 - Baroness Butler-Sloss faces calls to quit due to a potential conflict of interest over a family connection. Her late brother, Sir Michael Havers, was attorney general in the 1980s. Then prime minister David Cameron stands by the appointment. July 14 - Baroness Butler-Sloss steps down. September 5 - Dame Fiona Woolf, a leading tax lawyer and then Lord Mayor of the City of London, is appointed as the new chairwoman of the inquiry. October 22 - Child sex abuse victim launches a legal challenge against Dame Fiona's appointment over her suitability for the role. She is accused of having 'close association' with Lord Leon Brittan, the late Labour peer against whom allegations of sex abuse were later dropped. October 31 - Dame Fiona quits as chairwoman. February 4, 2015 - Mrs May tells the House of Commons she is disbanding the former inquiry into child sex abuse and setting up a new statutory inquiry. Dame Lowell Goddard - described as 'one of the most respected and experienced judges in the Commonwealth' - is announced as its chairwoman. March 12 - New inquiry is set up with same remit as first. April 29 - Dame Lowell announces the inquiry will conduct a full investigation into the issues surrounding the allegations of sexual abuse against Lord Greville Janner, citing 'clear public interest' over the adequacy of institutional responses to allegations against public figures. July 9 - Dame Lowell officially opens the inquiry. October 16 - Former child protection manager Peter McKelvie resigns from the inquiry's Victims' and Survivors Consultative Panel as it is revealed that he may face questioning over his own handling of pursuing allegations of child sex abuse. November 27 - Inquiry announces its first 12 investigations and Dame Lowell says she is committed to completing the in inquiry in five years. December 19 - Lord Janner dies aged 87. March 9, 2016 - Inquiry holds first hearing on the investigation into allegations against Lord Janner. August 4 - Dame Lowell writes to Home Secretary Amber Rudd to offer her resignation citing her career and family life. August 11 - Professor Alexis Jay, who led an earlier inquiry into abuse in Rotherham, is promoted from within the inquiry to take over as chairwoman. September 28 - Ben Emmerson is suspended as the inquiry's top lawyer amid reports he fell out with Professor Jay over the scale of the inquiry. September 29 - Elizabeth Prochaska, who was junior counsel to the Independent Inquiry into Child Sexual Abuse (IICSA), confirms that she had stepped down a fortnight ago.
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