Suspension of Child Abuse Inquiry Lawyer a "Devastating Blow"

By Matthew Weaver and Sandra Laville
The Guardian
September 29, 2016

https://www.theguardian.com/society/2016/sep/29/suspension-of-child-abuse-inquiry-lawyer-ben-emmerson-is-devastating-blow

The independent inquiry said it had ‘become very concerned about aspects of Mr Emmerson’s leadership of the counsel team’. Photograph: Anthony Devlin/PA

The suspension of the most senior lawyer to the troubled public inquiry into institutional child abuse has been called a devastating blow to survivors of abuse.

Ben Emmerson QC was suspended before he was expected to resign over apparent disagreements about the remit of the inquiry under its fourth chair, Alexis Jay. It is the latest setback to the inquiry after the resignations of three previous chairs, and has fuelled fears that the process is “careering out of control”.

Ian McFadyen, a campaigner and survivor of abuse, said the inquiry had been beset by “catastrophe after catastrophe”.

Asked on BBC Radio 4’s Today programme about the impact of Emmerson’s suspension, he said: “It is one of the largest inquiries that the United Kingdom is to undergo and legal advice and counsel of his quality and expertise is essential ... This is a devastating blow for survivors.”

McFadyen, who is applying to be a core participant on the inquiry, said: “I have been involved with this inquiry for the last two-and-a-half years trying to make sure that it is fit for survivors’ purposes. I have met Mr Emmerson several times and he’s somebody I hold in high regard and I think is trustworthy, so I’m more than upset.”

He added: “For an inquiry that is going to be so far-ranging into all institutions and failures of child protection, we need somebody with huge legal expertise and Mr Emmerson has that.”

Lord Macdonald, a former director of public prosecutions, told the Times that Emmerson’s suspension made it likely that the inquiry would end up as an “embarrassing fiasco”.

Macdonald, who works with Emmerson at Matrix Chambers, said the inquiry had been “careering out of control since its inception”.

The Labour MP Chuka Umunna, who is campaigning to be chair of the home affairs select committee, said he was extremely concerned about Emmerson’s suspension.

But the Conservative MP James Berry, a barrister and member of the home affairs select committee who worked on the Leveson inquiry, defended Emmerson’s suspension. He said it was important that the chair of the inquiry had confidence in her lead counsel.

He told Today: “There have been issues with previous chairs, but we now have a chair who I think does have the confidence of the victims and has the experience from the Rotherham sex abuse inquiry. 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 and gets on with the chair.”

In a statement, the independent inquiry said it had “become very concerned about aspects of Mr Emmerson’s leadership of the counsel team”. It did not elaborate. Lawyers acting for Emmerson said he would respond when allegations were put to him.

The third chair to be appointed, Dame Lowell Goddard, resigned suddenly in the summer, saying the inquiry was beset with a “legacy of failure”. In a 10-page critique she said its remit should be narrowed to focus not on detailed investigations into past abuse but on how to protect children now and in the future.

On Wednesday night, the Home Office moved to reassure victims that the inquiry – which was launched two years ago by the then home secretary, Theresa May – would continue. They issued a statement as behind-the-scenes negotiations took place among leading figures in the inquiry team.

Jay is herself under criticism from some victims who question whether a former senior social worker is independent enough to lead an inquiry that will be investigating decisions made by social services across the country.

The suspension of Emmerson leaves a vacuum at the inquiry, which has set up 13 major investigations into abuse within the Roman Catholic church, the Church of England, Westminster, children’s homes in Lambeth, detention centres, schools and the armed forces, among many other institutions. They began earlier this year with preliminary hearings but no evidence has yet been heard.

On Wednesday night, the Home Office said: “Our commitment to this inquiry is undiminished. We owe it to victims and survivors to confront the appalling reality of how children were let down by the very people who were charged to protect them and to learn from the mistakes of the past.”