Abuse judge ‘unlawfully blocked BBC news report’
Court told of discrimination case
‘Not merely to prohibit disclosure’
A JUDGE unlawfully prevented the BBC from reporting an employment tribunal claim against her, a court has heard.
Scottish Child Abuse Inquiry chairman Lady Smith imposed orders limiting how much could be published.
The Court of Session was told how the action was brought to the tribunal by advocate John Halley. He was lead junior counsel to the inquiry but had been absent from work after being diagnosed with cancer in 2016.
He took the inquiry to an employment tribunal claiming that Lady Smith had subjected him to disability discrimination. He also claimed he had suffered harassment and victimisation by the judge during his time working for the inquiry.
Yesterday, the court heard how Lady Smith had passed orders preventing the reporting of certain details of the legal action. It was told she acted unlawfully in doing so and had in effect prevented the BBC from reporting the details of Mr Halley’s actions.
Advocate Kenny McBrearty, QC, representing the BBC, told judge Lord Boyd it was a long-standing principle in Scots Law that the press should be able to report legal proceedings.
He said this principle had been upheld in cases which had been heard by the Court of Session and the UK Supreme Court.
Mr McBrearty said Lady Smith’s orders went against these rulings and attempted to stop the BBC from informing people about a matter of public interest.
He said: ‘The purpose of the restriction order was not merely to prohibit disclosure or publication of the documents.
‘It was to prohibit disclosure or publication of the very existence of the proceedings.’
Mr McBrearty was speaking on the first day of a judicial review brought to Scotland’s highest civil court by the BBC. It is seeking an acknowledgment from the court that Lady Smith’s restriction orders were unlawful, and it also wants Lord Boyd to quash the orders made by the judge.
Mr Halley, who acted as an aide to Lady Smith, issued a statement in April 2019 saying he was raising an action at an employment tribunal. He said he suffered ‘disability discrimination, harassment and victimisation’. Mr Halley later dropped the tribunal claim.
Lawyers for Lady Smith said Mr Halley’s claim was groundless and that he was not an employee but a self-employed advocate.
Roddy Dunlop, QC, for the inquiry, told the court Lady Smith acted lawfully in her actions.
The inquiry continues today.