Child abuse probe hit by fresh f iasco as its former head SUES ministers
SCOTLAND’s landmark inquiry into historic sex abuse is facing fresh turmoil – with the senior lawyer appointed to run the probe now suing the Scottish Government.
Susan O’Brien, QC, was appointed by Ministers to oversee the largescale investigation, with hundreds of witnesses, into allegations of abuse in children’s homes dating back decades.
But she found herself under investigation by Deputy First Minister John Swinney over allegedly offensive remarks, with the threat of being sacked as chairman.
In July, she wrote a scathing resignation letter, accusing the Government of interference, and saying she had lost all confidence in the independence of the inquiry.
Now The Scottish Mail on Sunday can reveal Miss O’Brien is suing the Government, with papers lodged at the Court of Session.
She declined to comment on or explain the case but legal sources believe she is suing for loss of earnings, which could run into tens of thousands of pounds.
It is yet another embarrassing blow for Mr Swinney, who has seen the inquiry lurch from one disaster to another, and it will frustrate victims losing faith in the Scottish Government’s ability to deliver justice.
The inquiry has cost taxpayers more than £2.5 million, with no evidence yet heard, and the bill will now rise higher with legal costs and a potential compensation payout.
It comes days after Mr Swinney refused to extend the remit of the inquiry to include incidents at youth groups and day schools, meaning organisations such as the Scouts and the Catholic Church will avoid scrutiny.
Miss O’Brien was appointed by former Education Secretary Angela Constance in May 2015. She was an uncontroversial choice, having led judicial reviews and written a leading child protection report.
But less than a year into her time as head of the inquiry she was placed under official investigation after making remarks alleged to be offensive to child abuse survivors. She denied the remarks were offensive and quit before the investigation had concluded.
Her resignation in the summer came days after a fellow panel member, Professor Michael Lamb, stood down, also citing Government interference. Last night, Scottish Labour education spokesman Iain Gray said: ‘The inquiry has been dogged by problems that Ministers have not dealt with, not least the resignation of the chair following allegations of Government interference. It’s not good enough for John Swinney to claim in parliament that everything is fine.
‘This is further evidence that everything is far from fine. The most important thing is that survivors don’t lose confidence in this process.’
Scottish Conservative education spokesman Liz Smith said: ‘Susan O’Brien clearly feels that many issues remain about the Scottish Government’s handling of this case – something that will now be tested in the law courts.
‘Not good enough to claim everything’s fine’
John Swinney was very clear last week, in his statement to parliament and in the answer he gave to me, that he wholeheartedly rejected any accusation that there had been Government interference in the inquiry and he restated his belief that the Scottish Government had carried out its duties appropriately.
‘It will therefore now be a matter for the courts to examine the allegations which have been made.’
Following Miss O’Brien’s resignation in July, the Government published correspondence detailing the comments made and the accusations and legal threats which followed. It revealed how during one meeting, earlier this year, she said a survivor had told her a childhood sexual assault was ‘the best thing that ever happened to him’. Her lawyer later claimed the comment was ‘intended to lighten the mood’. The inquiry chairman also referred to a teacher who had been found guilty of sex offences at a top public school as ‘just having a hole in his trousers’.
At Holyrood last week, Mr Swinney praised the new chairman of the inquiry, Court of Session judge Lady Smith.
He described her as ‘an immensely strong chair of the inquiry who, in her own approach and record, personifies the fact that it will be an independent inquiry’.
A Scottish Government spokesman said last night: ‘It would be inappropriate to comment, given that court proceedings are live.’