Swinney confirms historic abuse inquiry remit will not be expanded

Calls for the remit of Scotland’s historic abuse inquiry to be expanded have been rejected by the Education Secretary.

John Swinney said he would be “failing” the survivors of in-care abuse if he opened up the scope of the inquiry to include incidents at youth groups and day schools.

The inquiry, chaired by senior judge Lady Smith, was set up to examine allegations of abuse from youngsters placed in children’s homes and foster care, as well as those cared for by faith-based organisations or in long-term hospital care and boarding schools.

But while some abuse survivors have called for the terms to be expanded, Mr Swinney said such a move would mean the inquiry would take “many more years to conclude”.

He made clear the inquiry would look at allegations made by those who were in a care setting at the time “where institutions and bodies had legal responsibility for the long-term care of children in the place of the parent, with all of the legal and moral obligations that status carries”.

He said: ” That is different to the position in ‘non in-care settings’, such as day schools and youth groups, where others had a duty of care on a short-term basis but crucially were not in any way replacing the role of parents.

“In too many cases, terrible crimes were committed in those settings too. Criminal behaviour should be referred to the police and I hope, where the evidence exists, this will be energetically pursued through the criminal courts.”

He stressed: ” If we set a remit which would in practice take many more years to conclude, we are failing to respond to those survivors of in-care abuse who have taken us at our word – in Government and in Parliament – that we will learn from their experience and, by addressing the systematic failures which existed, ensure it can never happen again.”

Mr Swinney said: “Since the summer, some survivors have told me they wanted to see the current remit extended to include abuse which took place in non-residential settings such as local parishes, day schools and youth organisations.”

But he added that ” some other survivor groups told me they were content with the remit of the inquiry, and did not wish to see an extension that could prolong the timescale”.

He added: ” It is clear that there is not unanimity on this issue across survivors – some are strongly in favour of no change, and others are strongly in favour of extensive change.”

The Education Secretary updated MSPs at Holyrood on progress with the inquiry after Lady Smith’s predecessor Susan O’Brien QC and another panel member stepped down, amid claims the review was ”doomed” due to interference by ministers.

Professor Michael Lamb, the other panel member who stepped down, will not be replaced, Mr Swinney said, adding that Lady Smith is “content” with that decision.

He confirmed the Scottish Government has introduced its first Bill since May’s Holyrood election, with legislation being brought forward to remove the three-year time bar on abuse victims making a claim in the civil courts.

The Limitation (Childhood Abuse) (Scotland) Bill will cover sexual, physical and emotional abuse, Mr Swinney said.

He also announced a consultation with abuse survivors and others about possible financial redress, pledging to “fully explore the issues and gather a wide range of views”.

Labour education spokesman Iain Gray said the decision not to widen the scope of the inquiry appeared to be a “serious mistake” by the Government.

He said: ” This inquiry has had real problems in the past, what is crucial now is that it proceeds promptly so survivors can feel a sense of justice.

“We welcome the minor clarification of the inquiry’s remit today, however it does mean that the vast majority of survivors of abuse will still be excluded from the scope of this inquiry, which will leave those survivors and their representatives frustrated.

“Failing to widen the scope of the inquiry looks to be a serious mistake.”

Mr Gray added: ” The membership of the panel of this inquiry has been a source of controversy in the past. The Scottish Government must ensure that this limited membership does not impede or slow down the progress of the inquiry.

“Finally, the Cabinet secretary has further delayed a decision on redress and refused to provide interim payments for elderly survivors. That is disappointing.”

But one group of victims welcomed the decision.

Former Boys and Girls Abused in Quarriers Homes said: “The change to the inquiry remit is a positive change and will bring clarity to this now. We were not supportive of widening the remit to such a degree whereby it had a major impact on the timescale.

“We were mindful of the issues that have occurred regarding the English child abuse inquiry. The Scottish Child Abuse Inquiry term of reference and remit are focused, targeted and achievable in a reasonable timescale including with this additional change.”

An NSPCC Scotland spokeswoman said: “We welcome the plans to explore redress for victims of abuse, no matter when the crimes against them were carried out.

“We know that the impact of child abuse can be devastating and last a lifetime, but also that there are many barriers which stop children and adults coming forward when they have been victims.

“Victims of abuse in Scotland have waited too long to have their voices heard and we urge survivors to make contact with the inquiry to tell their story. We hope that the inquiry – when it reports – will succeed in addressing the full extent of any abuse that took place against vulnerable children in care.

“The inquiry also has an important role to play in considering how we can best prevent child abuse in the future. We hope that it will leave a lasting legacy which will help protect future generations.”

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