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Catholic charities object to child abuse inquiry chairwoman Catholic charities raise issue of 'bias' over child abuse inquiry chairwoman
(about 4 hours later)
Two Catholic charities have lodged a legal objection to the appointment of the chairwoman of the Scottish government's inquiry into historical abuse of children in care. Two Catholic charities have objected to the choice of chairwoman for Scotland's public inquiry into historical cases of child abuse.
The Congregation of the Poor Sisters of Nazareth and the Daughters of Charity of St Vincent De Paul want to challenge the choice of Susan O'Brien QC. The Congregation of the Poor Sisters of Nazareth and the Daughters of Charity of St Vincent De Paul have lodged a petition for judicial review.
She is to take up her post on 1 July. They raised the issue of bias over the appointment of Susan O'Brien QC, who has acted in a case against them.
The government said it would defend the appointment, while some victims called the legal move "disappointing". The charities' petition will be heard at the Court of Session in Edinburgh.
One child abuse survivor said it was "a tactic to delay and obstruct justice, which has caused immense upset". The government said it would "robustly" defend the appointment, while some victims called the legal move "disappointing" and "outrageous".
Ms O'Brien's appointment was announced by Education Secretary Angel Constance last month. The action centres on Ms O'Brien's involvement in a case brought by two former residents of Nazareth House children's home in Glasgow.
The alleged they were abused in the 1960s and 70s.
Ms O'Brien acted as counsel for the former residents in their 2008 appeal to the House of Lords which unsuccessfully challenged a court ruling that the claims were made too late.
'Particular concern'
Alastair Duncan QC, representing the charities, told the Court of Session: "The particular concern that my clients have is that Ms O'Brien had acted for individuals alleging abuse against them, that she had supported the allegations that were made by appearing as counsel for those individuals and that she is now being asked to adjudicate on the very same issues."
Mr Duncan said the allegations that arose in the House of Lords case were "almost certain" to be heard again at the public inquiry.
He told judge Lord Woolman that Ms O'Brien had acted in a number of other cases in connection with allegations of historical abuse.
Mr Duncan said the legal challenge was founded on an "apparent bias" rather than any assertion that she was actually biased against the charities.
Ms O'Brien's appointment was announced by Education Secretary Angela Constance last month.
She is due to take up her post on 1 July.
Her remit will include allegations of abuse in institutions, foster care, long-term hospital care and boarding schools.Her remit will include allegations of abuse in institutions, foster care, long-term hospital care and boarding schools.
The Catholic charities claim Ms O'Brien has a conflict of interest and should not be allowed to take up her position. A Scottish government spokeswoman said Ms O'Brien's appointment had been received "positively" by many people, including survivors.
A senior civil servant has written to groups including victims and their families ahead of the first hearing which is due to take place at the Court of Session in Edinburgh. She added: "She is an experienced advocate whose considerable knowledge and expertise was an important consideration in making this appointment.
'Robust challenge'
The letter said: "Please be reassured that the Scottish Ministers are defending this challenge robustly."
A Scottish government spokeswoman said: "Ms O'Brien's appointment has been received positively by many people, including survivors.
"She is an experienced advocate whose considerable knowledge and expertise was an important consideration in making this appointment.
"We are confident that her appointment is sound in terms of the Inquiries Act and that she will lead a fair, thorough and honest inquiry.""We are confident that her appointment is sound in terms of the Inquiries Act and that she will lead a fair, thorough and honest inquiry."
A spokesman for the support group In Care Abuse Survivors (Incas) branded the court application by the charities "outrageous".
'Real agenda'
Alan Draper, the group's parliamentary liaison officer, said: "These are the very organisations who will have questions to answer when it comes to the inquiry.
"These organisations and the Catholic hierarchy have a track record of doing all in their power to prevent victims achieving justice.
"We are pleased that this application indicates what has been the real agenda of the Catholic hierarchy - that is to use every tactic possible to prevent victims achieving justice."
When Education Secretary Angela Constance announced Ms O'Brien's appointment, she said the inquiry would have powers to force witnesses to give evidence.When Education Secretary Angela Constance announced Ms O'Brien's appointment, she said the inquiry would have powers to force witnesses to give evidence.
She had previously said abusers would "face the full force of the law". Ms Constance had previously said abusers would "face the full force of the law".
The minister also confirmed the Scottish government intended to lift the three-year time bar on civil actions. Ms O'Brien has been an employment judge for 15 years and is currently a governor of Heriot-Watt University.
This would include compensation claims for damages in cases of historical abuse that took place after 1964. At the time of her appointment, she said: "I appreciate that no one can provide full justice for any victim of abuse in childhood, but the Scottish government is anxious to enable victims to tell us what happened to them and the impact it had on their lives."
New funding of £14.5m for support services was also announced to the Scottish Parliament, in a move designed to ensure survivors have access to the services they need now.
'Impact on victims'
Ms O'Brien previously chaired a panel which investigated the death of 11-week-old baby Caleb Ness in Edinburgh.
It produced a report in 2003 which resulted in the reorganisation of Edinburgh's social work department.
The QC has been an employment judge for 15 years and is currently a governor of Heriot-Watt University.
At the time of her appointment, Ms O'Brien said: "I appreciate that no one can provide full justice for any victim of abuse in childhood, but the Scottish government is anxious to enable victims to tell us what happened to them and the impact it had on their lives."
"The inquiry panel will try to identify any lessons from past failures which will help to keep our children safe in the future.""The inquiry panel will try to identify any lessons from past failures which will help to keep our children safe in the future."