First Minister orders study of truth & reconciliation commission after law lords refuse abuse cases

It takes 'the man' himself to move on justice issues in Scotland it seems, leaving Justice Secretary Kenny MacAskill well & truly in the shade as First Minster Alex Salmond moves to assure he will not turn his back on victims of abuse who had their hopes for justice thrown out by the House of Lords last week.

Well that's good. Its about time someone did something on justice, since the Justice Secretary isn't doing a thing ... and we here at Scottish Law Reporter firmly support the idea of Truth & Reconciliation to be implemented in many areas of injustice. Lets hope the First Minister carries on where others have failed ...

The Sunday Mail reports :

Abuse victims' pain as law lords deny them justice

May 25 2008 By Marion Scott

ALEX SALMOND has pledged to find a "way forward" for abuse victims whose hopes for justice were dashed by the House of Lords last week.

First Minister Salmond has told his officials to study Ireland's truth and reconciliation commission after the decision last week.

His spokesman said: "He has given his assurances that he will not turn his back on these victims.

"The Scottish Government will give careful consideration on how best to take these matters forward."

A test case had been brought by Jacqueline Whitton, 55, and Adeline Bowden, 45, who claimed to have been abused by nuns at Nazareth House in Cardonald, Glasgow, in the 1960s. But five law lords agreed with the Court of Session decision not to allow their £50,000 claim. The ruling will hit thousands of similar claims.

Jacqueline called the decision "a victory for the devil".

The ruling is a blow to victims, who must make a claim within three years of turning 18.

It means even those who had proved abuse would not receive Legal Aid funding.

The Irish government passed laws to re-categorise abuse victims as having a disability so they could get round the timebar on claims.

Former First Minister Jack McConnell said yesterday: "Legal technicalities shouldn't get in the way of justice. I am calling on the First Minister to explain what they will do."

But some victims accuse McConnell of betrayal after he failed to take action in 2004.

Lawyer Cameron Fyfe said: "When he apologised to victims four years ago, he should have taken the steps the Irish government did. But he didn't."

Jacqueline Whitton Beaten by nuns

JACQUELINE claims she suffered years of beatings and mental torment by Poor Sisters of Nazareth nuns at Nazareth House in Glasgow. Careworker Jacqueline, 55, from Paisley, said: "I wonder who commits the greater sin - judges, abusers or those who stood by."

She turned to Cardinal Thomas Winning, who offered support, and she believes if he had not died in 2001, the Church would have said sorry.

She said: "I was incensed when I heard Archbishop Mario Conti on TV defending the nuns after Sister Alphonso was prosecuted in Aberdeen eight years ago.

"He described victims as chasing a pot of gold being dangled by lawyers.

"It was such a gross betrayal of children like me."

Sister Alphonso, whose real name is Marie Docherty, was found guilty of four charges of cruelty against young girls.

James Morris Raped by teacher

AS a nine-year-old at St Margaret's Children's Home in Elie, Fife, James was raped by housemaster David Murphy.

Murphy abused 40 kids and died in 2003, months into a 15-year jail sentence.

James, 55, won £75000 compensation because Fife Council decided not to use time limit as a defence.

He said: "The Lords' ruling is a kick in the teeth. There is no timebar on our suffering."

Arthur McEwan Beaten by monk

ARTHUR, 54, sued Brother Benedict - real name Michael Murphy - for years of beatings at St Ninian's List D school in Gartmore, Stirlingshire, run by De La Salle monks.

But he will not receive the £50,000 award as Murphy took a vow of poverty.

Arthur, of Sauchie, Clackmannanshire, said: "I only hope our new First Minister will make the changes we need to reclaim our lives."

David Whelan Abused by teacher

DAVID suffered years of sex attacks by 'Beast in the Belltower' John Porteous at Quarrier's children's village, Bridge of Weir, Renfrewshire.

In 2002, Porteous, 75, was jailed for eight years - reduced to five on appeal.

David, 49, said: "Holocaust victims weren't time barred so why are we?

"My case was proved in court yet this ruling denies me compensation. It's not only unfair, it's perverse."

Justice Secretary ordered by Law Society not to allow review of complaints on crooked lawyers

More From A Diary of Injustice in Scotland as the Justice Secretary apparently kills off any possibility of a review against corruption in the Law Society of Scotland for now ...

Truth & reconciliation fails as MacAskill follows Law Society orders to Parliament on attempt to heal public confidence in legal profession

There will be no 'truth & reconciliation" between the public and the legal profession under Justice Secretary Kenny MacAskill, according to replies received from the Scottish Government on this issue.

While some within the SNP are floating the idea of 'truth & reconciliation' as a way of resolving long standing cases of injustice, it is just one step too far for the public to be allowed any accountability against injustice caused not only by the legal system, but also by the very legal profession which has caused so much trouble & pain in Scotland.

Kenny MacAskill : lawyers money making will take priority over the public interest no matter what ...

I am not too surprised that Mr MacAskill, a lawyer himself who has publicly stated it will be his mission to defend his lawyer colleagues from any criticism or 'misrepresentation', over it seems, anything to do with the public interest, has ruled out a move to resolve the legal profession's sins of the past against clients, where poor or corrupt regulation of crooked lawyers has allowed so many solicitors to remain in practice while many clients have been financially ruined.

I am surprised however, the Justice Secretary so blatantly protects the legal profession from any possible reforms which would damage its monopolistic business model, as well as impugning its controlled regulatory model, the latter of which Mr MacAskill has felt so strongly to protect that he selected a group of lawyers and ex Law Society Committee members to ensure the new Scottish Legal Complaints Commission continues the Law Society's valuable work of letting crooked lawyers off the hook.

You can read some of those reports on the demise of the SLCC before it has even begun its work here :

Call for MacAskill appointments 'sleaze investigation' as revelations show Legal Complaints Commission member was subject of Police inquiry

Law Society staff secretly migrating into 'independent' complaints commission will ensure continuing problems of regulating Scottish lawyers

Calls for full disclosure on legal complaints commission members as Justice Department 'covers up' conflicts of interest in appointments scandal

So, who thinks the Scottish Legal Complaints Commission will do any different from the Law Society of Scotland after those revelations ?

The proposals for 'truth & reconciliation' were made in Petition PE1033, which called for the Scottish Parliament to form an independent commission to resolve the legal profession's long list of poorly handled cases of complaints against crooked lawyers, which have caused so much harm to clients over the years.

Petition PE1033 : a call to resolve lawyers 'sins of the past' against clients, and a chance to do something for Scots before lawyers ...

The Law Society of Scotland however, had other ideas, and ordered the Petitions Committee to close consideration of the petition, implying the SLCC may be able to deal with such issues, when we now see from how the SLCC will be staffed, it certainly won't be dealing with any cases of the past, with the revelation the same Law Society staff who have caused such terrible injustice against the public, are transferring to the SLCC themselves ...

Michael Clancy, Director of Law Reform - Law Society of Scotland demands no truth & reconciliation for ruined clients of crooked lawyers

Michael Clancy, who is the Director of Law Reform at the Law Society of Scotland, but doesn't want the law reformed against lawyers themselves, certainly gives the orders as you can see from the above letter, and the Parliament are only too willing, save the odd note of dissent, to comply and ensure that any call to bring solicitors to account for their injustice against clients does not get heard.

Not only do we have justice denied by the legal profession in Scotland, we also have democracy & accountability denied when it comes to politicians being asked to do something extra to heal injustice, which they should have done a long time ago, and so obviously left out of the Legal Profession & Legal Aid (Scotland) Act 2007, which was brought in to heal some of the problems of biased complaints regulation by lawyers against lawyers.

It appears that Mr MacAskill shares the same chip on his shoulder against me which a few at the Law Society have, therefore I doubt I will revisit this issue with them again for now, as cutting through Mr MacAskill's 'I will support lawyers over people" bias is just impossible and I can't & wont offer the kind of incentives that the other Justice Secretary Michael Clancy along with his colleagues at the Law Society can offer the Scottish Government to keep such 'truth & reconciliation' proposals off the table.

Helping Scots victims of injustice is what being a Scot is all about ...

Of course, it is open to others to raise the same issue ... and perhaps you may be more successful than me, so give it a try please - it's an effort to help all Scots who use lawyers and legal services.

So, little wonder that Justice Secretary Kenny MacAskill supports his colleagues in the legal profession, when they are capable of ripping off earning so much from the taxpayer, as the following story on how much money lawyers took from the taxpayer for themselves in the miners compensation deal demonstrates.

Before anyone says, 'oh the miners compensation rip off happened mostly in England & Wales, and it couldn't happen in Scotland', well, the Law Society of Scotland and it's member legal firms have been doing the very same to Scots for decades, on a wide range of cases, and so far have got away with it because the politicians have sat back for so long and done nothing ...

The Herald reports :

10-year wait for ex-miners as lawyers earn £1.3bn

DANIEL BENTLEY

Former miners have been forced to wait more than 10 years for government compensation for pit-related illnesses, a powerful committee of MPs said yesterday.

Some even died while their claims were being processed because ministers underestimated the size and complexity of the project, the Public Accounts Committee found.

Solicitors have earned more than £1.3bn in fees for handling the claims, with one firm alone collecting nearly £124m.

Average administration costs amounted to more than the claim itself in more than two-thirds of the cases.

In a highly-critical report the committee said the government had expected about 218,000 claims for lung disease and vibration white finger, with payouts totalling £614m.

There have now been about 762,000 claims which it is thought will cost about £4.1bn once they are all settled, as well as another £2.3bn in administration.

But tens of thousands of ex-miners are still waiting for an offer. Last September there were about 128,500 claims still awaiting settlement.

Some miners had waited more than 11 years between their medical assessment and receiving an offer.

Edward Leigh, the Conservative MP who chairs the committee, accused the Department of Business and Enterprise of having "seriously mismanaged" the schemes in their early stages.

Far too much money went into the solicitors’ pockets

"Its attempt to implement the schemes swiftly, combined with its underestimation of how many claims would be made and how complex some would be, resulted in many claimants having to wait a very long time for the compensation they were owed," Mr Leigh said.

"Some of these were elderly and ill and in no position to wait for years for compensation - in some cases 10 years or more. Some claimants even died while waiting. The taxpayer has also taken a big hit, with the cost of just administering the schemes expected to total nearly £2.3bn."

The restitution packages were arranged after British Coal was found to have been negligent in the cases of ex-workers who had developed chronic obstructive pulmonary disease (COPD) from dust and vibration white finger from equipment in the pits.

But the government failed to get its own actuarial assessment of the likely number of claims and liabilities under the Coal Health Compensation Scheme, instead relying on British Coal's forecasts.

Ministers did not initially realise that deceased miners' claims would be payable to their widows and families.

The cross-party committee also criticised the government's dealings with solicitors, accusing it of "weak" negotiations on their fees which led to higher administration costs.

Of the £2.3bn administration expenses, solicitors' bills accounted for £1.3bn.

The average cost of processing each claim was £3100, more than what two-thirds of miners received in compensation.

Just 10 law firms collected between them £635.8m in fees. The highest earner was Thompsons, which received £123.6m.

The government is chasing up to £100m in repayments from solicitors after a court ruling that certain cases should have incurred a smaller fee.

Some solicitors also effectively double-charged for their services by taking a cut from their clients' compensation packages on top of their government-paid fees.

The Legal Complaints Service believes lawyers owe millions of pounds to tens of thousands of miners.

It is currently contacting every miner covered by the scheme urging them to check whether they had money wrongly deducted.

Mr Leigh said: "There are lessons aplenty here for other parts of government planning and implementing new compensation schemes.

"Far too much money went into the solicitors' pockets."

Truth & Reconciliation body to help victims of abuse

The Scottish Government have announced a 'Truth & Reconciliation' forum for abuse victims - an unusual move in Scotland, but welcome.

Speculation among law campaigners & critics the 'truth & reconciliation' format could be applied to other aspects of problems with the law & injustice is reflected in an article by Peter Cherbi in his blog A Diary of Injustice in Scotland :

Truth & Reconciliation in Scotland - A concept to heal & end longstanding issues of injustice & abuse

Over the years, Scotland has seen many abuse scandals in residential homes throughout the country - many reported in the media, many more probably not.

To address these issues, which have been poorly covered, dare I say, covered up by previous administrations, the Scottish Government has announced there is to be a 'truth & reconciliation' body which will be set up to "publicly acknowledge" the abuse inflicted upon thousands of children in residential homes in Scotland - reports the Scotsman newspaper.

You can read more from the Children's Minister Adam Ingram's announcement about the aims of the 'truth & reconciliation' commission on abuse against children here : Truth & Reconciliation and you can read the Scotsman's report on this story here

Personally, I am all for the idea of 'Truth & Reconciliation' as long as any Commission created to handle the serious issues, has the necessary power, impartiality, transparency & accountability to actually do something for the victims of, in this case, the terrible abuse against children which should never have been allowed to happen.

Less of the delay, prevarication, adjusting of remits to protect the guilty or those with the most to lose - issues which we have been so used to encountering in just about every inquiry into events in the past in Scotland, instead, we should be seeing more of things like substantive action sooner rather than later, honesty, and a will to put things right by doing the right thing ... now that is what 'truth & reconciliation' is all about.

There are many other areas of injustice such a proposal of 'Truth & Reconciliation' could be applied to, and I have as you know, asked the Justice Secretary Kenny MacAskill to implement such a 'Truth & Reconciliation' Commission for victims of legal abuse - which covers injustice at the hands of the legal system and legal profession itself.

So far, Mr MacAskill has been reluctant to implement or at times, even acknowledge my request, or even that the issue exists, due it seems to too much interference from his former colleagues in the legal profession, perhaps too much favoritism towards his fellow lawyers - which has often spilled out into his debates & speeches in the Scottish Parliament itself, and of course, the worries from the likes of the legal establishment and even the judiciary that acknowledgement of the wrongs of Scots Law itself, by those who serve it or use it as a business model, against members of the public who have in many cases had their lives totally obliterated, is a step too far to take in the public interest.

You can see how Kenny MacAskill and the Parliament treated my request for 'truth & reconciliation' for victims of legal abuse here : Law Society kills Petition PE1033 amid calls for review of injustice & regulatory sins of the past.

Sadly, as you can see, the Law Society once again intervened and ordered the issue closed - Parliament and the Justice Secretary complying like wee poodles to the lawyers orders ... no thought for Scots who have been thoroughly abused by by their esteemed friends in the legal system though.

"Truth & Reconciliation' is a model which should be applied wisely to many areas of injustice in Scotland, and there are many areas which qualify for it's application : physical abuse, legal abuse, human rights abuse, and many more.

With Adam Ingram's announcement the concept is now to be used in Scotland, there should be a wider application of this policy to clear up Scotland's injustice of the past in all areas of injustice, which would do a lot of good for the country as a whole and see a new chapter turned in the way people are treated, against the old chapter of allowing people to be mistreated.

The Scotsman reports :

Truth forum 'will give a voice' to victims of Scots care homes abuse

By Michael Howie
Home Affairs Correspondent

A TRUTH and reconciliation body will be set up to "publicly acknowledge" the abuse inflicted upon thousands of children in residential homes in Scotland, the Scottish Government has announced.

The move could see the perpetrators of abuse being brought face to face with their victims, in many cases several decades after the offences occurred.

It could also result in formal apologies from the Catholic Church, Quarriers, local authorities and other groups which ran children's homes at the centre of Scotland's abuse scandals – and promises to lift the lid on the full extent of the atrocities.

However, the concept of a truth and reconciliation forum is also a tacit admission that many abusers will never be brought to justice – a fact that enrages many who still bear the psychological scars of their abuse.

A consultation will be held over the detail of the project, led by Shona Robison, the public health minister, with officials set to examine the famous Truth and Reconciliation Commission in South Africa, as well as other schemes in New Zealand and Northern Ireland.

Announcing the plan, Adam Ingram, the children's minister, said: "None of us should forget the physical, emotional and sexual abuse that has taken place in Scotland's residential care homes, perpetrated by the very people who should have been providing support. It would be inexcusable for us not to confront what happened. It's time for us to demonstrate our commitment through actions."

Ms Robison added: "The move towards a Scottish truth and reconciliation forum will benefit victims of historical abuse by providing them with a platform to voice their experiences whilst giving public acknowledgement to what happened.

"For many (abuse] survivors, an acknowledgement of the abuse they suffered would be more beneficial than monetary compensation."

A spokeswoman for the Scottish Government said the scheme could lead to reports being published into the extent of abuse in children's homes, although individuals' identities would be kept secret.

The administration also announced a national "hub" service to assist victims in accessing help such as psychiatric services, better training for residential child-care staff and a review of the law to address shortcomings in public records held on children in care.

The move follows a review of historical abuse of children in residential care by independent expert Tom Shaw, a former chief inspector of education in Northern Ireland. The report was triggered in 2004 when the then First Minister, Jack McConnell, publicly apologised to children who were abused while in care.

But hundreds of victims from residential schools and homes such as Nazareth House, Quarriers, Kerelaw and De La Salle have been unable to come to terms with the physical, psychological and sexual abuse they suffered and are angry at the lack of public acknowledgment and concern for their suffering.

With abuse dating back, in some cases, as far as the 1930s, relatively few people involved have been prosecuted, while evidence is often difficult to corroborate.

Kathleen Marshall, Scotland's children's commissioner, said: "Most people desperately want to be heard. They want an apology. This could provide that opportunity."

'Now it's time for us to be heard'

ELIZABETH McWilliam no longer wants to hide in the shadows, struggling on her own to cope with abuse she describes as "atrocities".

"We've been the silent minority. Now it's time for us to be heard," says the 70-year-old, one of hundreds of children abused by staff at Quarriers homes in Scotland in a period spanning decades. She says that she "just wants the truth". But reconciliation is another thing.

"I will never forgive and forget. The government must make these people face up to what they've done."

But she says a truth and reconciliation forum could help Scotland to move on from the shame of its past. "This is a new dawn, a new horizon for children in care now," she says. "We've got to look forward to the future."

However, Adeline Spence, 45, from Glasgow, is less convinced.

Ms Spence, who was abused by nuns at Nazareth House children's home in Cardonald, said: "I don't know what difference it will make. These people need to be taken to court."

'OUR NATIONAL SHAME'

THE abuse inflicted on children in residential care was described four years ago as Scotland's "national shame" by the then First Minister, Jack McConnell.

Adam Ingram, the children's minister, has already announced an inquiry into allegations of – and convictions for – child abuse at Kerelaw, a residential school and secure unit in Ayrshire that sparked Scotland's biggest child abuse investigation before it closed in 2005. However, that was just the latest in a succession of abuse scandals in residential institutions for children.

The list has grown in recent years. It includes: Larchgrove, a council-run children's home in Glasgow; Blairs College, a seminary in Aberdeen; St Ninian's, a school run by monks, the De La Salle Brothers, in Gartmore, Stirlingshire; and Nazareth House, a chain of Catholic children's homes.

and now the release from the Scottish Government :

Truth and Reconciliation

07/02/2008

A Scottish Truth and Reconciliation Forum is to be set up to support adults who suffered childhood abuse, initially focusing on the needs of survivors of historic abuse in residential care.

The move was among a package of support for adult survivors of abuse announced by Children's Minister Adam Ingram today.

Mr Ingram unveiled plans for:

* A Scottish truth and reconciliation model
* A national service framework to support survivors of historic in-care abuse
* Improvements to the residential child care system, including better staff training and development
* A review of the law to address shortcomings in public records held on children in care
* The specific remit of the joint Scottish Government and Glasgow City Council inquiry into abuse at Kerelaw residential school

Mr Ingram said:

"None of us should forget the physical, emotional and sexual abuse that has taken place in Scotland's residential care homes - perpetrated by the very people who should have been providing support.

"The system let these young people down in the most terrible way and it would be inexcusable for us not to confront what happened.

"It's now time for us to demonstrate our commitment through actions and that's why we're driving forward with the measures announced today."

Minister for Public Health Shona Robison, who will oversee the creation of the forum, said:

"The move towards a Scottish truth and reconciliation forum will benefit victims of historical abuse by providing them with a platform to voice their experiences whilst also giving public acknowledgement to what happened to these children.

"Through close working with survivors and the organisations that represent them, we have come to understand that for many survivors an acknowledgement of the abuse they have suffered would be more beneficial than monetary compensation.

"It is on this basis we have begun to explore the use of a truth and reconciliation model. I hope that through that process there will be an opportunity to give survivors a chance to speak about their experiences but also learn lessons to ensure that children in the future are better protected."

Survivor Scotland member Helen Holland, who suffered abuse in residential care during her childhood, said:

"What many survivors want is acknowledgement of what happened to them and a truth and reconciliation forum can help them to achieve that.

"What we are now seeing is actions, not just words and that has to be positive."

Today's announcement is the Scottish Government's response to recommendations in a review of historical abuse of children in residential care by independent expert Tom Shaw.

2. Scotland's truth and reconciliation forum will give survivors the chance to speak about their experiences, establish the facts and learn from the suffering to help protect children in the future.

Ministers are supportive of proposals for a national framework of advocacy, mediation and counselling services to help in-care abuse survivors which are being considered by reference group Survivor Scotland. Subject to the group's endorsement and Ministerial approval, funding will be made available.

The Scottish Government has asked the National Archives of Scotland's Keeper of the Records to carry out a review of the legislation on public records.

Information on the Independent Kerelaw Inquiry

Ministers have accepted recommendations from the Scottish Law Commission that prescribed personal injury claims (pre-September 1964) cannot be revived.