Independent Panel Inquiry into Child Sexual Abuse

Baroness Kennedy of Shaws Excerpts

Wednesday 4th February 2015 Lords Chamber

[Lord Bates]

My noble friend is absolutely right that we do need to get it right and the terms of reference are key. When we set up the initial independent panel, she will recall that we planned to have six-monthly statements. I thought that was a good arrangement, but one of the whole points of setting it up under the independent Inquiries Act is that the terms of reference have to be agreed with the new chairman. That will be very important, but the fact that we have a former High Court judge—a member of the judiciary with great experience of getting through complex and difficult situations and getting to the heart of the truth—should help us in that task.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I, too, join others in congratulating the Home Secretary on this appointment. Justice Lowell Goddard is someone known to a number of us in the legal profession, and I am sure our judges know her well. She is highly respected and has a great deal of experience. New Zealand has particular experience in dealing with these very problems—indeed, another judge, Carolyn Henwood, led an inquiry into child abuse in children’s homes—so there is a wealth of experience there.

I want to ask this question, because I heard mention of whether the appointment of Ben Emmerson was something that would be agreed to. Ben Emmerson QC is a fearless counsel. Surely the Minister would agree in appointing him that there is a very important role for there to be someone who understands the British system—the British class system, the nature of the British establishment and matters which might not be as quickly understood by someone from a different jurisdiction.

My second question is about the Official Secrets Act. As I understood it, the Minister said that no one would be able to hide behind the Official Secrets Act so as not to answer questions in relation to the inquiry. I should like reassurance about that, because a number of the victims say that, in having their desire to pursue complaints dismissed, they were at times told that matters of national security or public interest meant that inquiries should not proceed. That would be a detriment to the kind of inquiry which is sought by survivors and all of us to clear these matters up.

[Lord Bates]

I welcome the noble Baroness’s support for Justice Goddard from her personal experience of her, and for Ben Emmerson QC. We have been very clear that the Official Secrets Act should be no bar to anyone coming forward with evidence. There are means under the Inquiries Act whereby, if need be, certain evidence can be supplied to the inquiry with restrictions around it, but the Official Secrets Act cannot be used as a screen to hide behind.