A statutory public inquiry will be held to examine historical cases of abuse of children in care in Scotland, the Scottish Government has announced.
In a statement to the Scottish Parliament, the Cabinet Secretary for Education Angela Constance said the full remit and appointments for the inquiry would be confirmed by the end of April, following consultation with survivors of abuse. Arrangements for meetings with survivors will begin in January.
Ms Constance also announced that the inquiry would be given the power to compel witnesses to appear and give evidence.
The Cabinet Secretary said:
"This Parliament must always be on the side of victims of abuse. We must have the truth of what happened to them and how those organisations and individuals into whose care the children were entrusted, failed them so catastrophically. And to get to that truth we will be establishing a national public inquiry into historical abuse of children in institutional care. And to ensure justice is done, I can tell this Chamber that where crimes are exposed, the full force of the law will be available to bring perpetrators to account. The Lord Advocate has been consulted on holding the Inquiry and measures will be put in place to ensure that the Inquiry does not compromise or interfere with on-going criminal investigations and prosecutions.
"I am grateful to the survivors of institutional child abuse who have taken the time to meet me and other ministers and who have spoken bravely and eloquently about why they consider a public inquiry is needed. Of course, as vital as their voices have been in getting us to this point, and they have been – I am also conscious that there are many more survivors who remain silent; as abused children they had no voice, no-one to cry out on their behalf at the appalling injustices they suffered while growing up, and today they await the right circumstances for their experiences to be heard. I sincerely hope the public inquiry will provide just such an opportunity for them.
"And as a society we have an opportunity to confront the mistakes of our past and to learn from them. It will not be easy but only by shining a light on the darkest recesses of our recent history will we fully understand the failures of the past, enabling us to prevent them happening again and ensure a brighter future for every child and young person in Scotland, today and in the future."
The Cabinet Secretary also confirmed that work to develop a survivor support fund, a suitable commemoration and to consult on how the dispensation on the time-bar on civil cases is used will continue while the inquiry progresses.
Assurances were given that the inquiry would run in parallel and complement the hearings of the National Confidential Forum, where survivor’s experiences of abuse will be heard.
The Centre of Excellence for Looked After Children in Scotland, CELCIS, has been asked to provide logistical support, academic input and expert advice throughout the inquiry process.
The inquiry will be statutory under the Inquiries (Scotland) Act 2005. It will have the power to compel witnesses to attend and give evidence, if needed.
Martin Crewe, Director of Barnardo's Scotland said:
"Barnardo's Scotland welcomes this announcement and will give the inquiry its full support.
"Organisations that provide residential care must do everything they can to tackle child abuse, past, present and future. We have worked closely with survivors through the 'InterAction' process and it is essential that this inquiry has the confidence of the victims of abuse. We also need to reassure the public that no-one is above the law when it comes to child abuse.
"Any allegations, whether they are current or historical, must be taken seriously and fully investigated by the police. Anyone who has used their power to escape punishment must be brought to justice."
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