Statement by FBGA December 2007.

 

Re: Truth and Reconciliation Commission proposed by

 

Ref: Truth and Reconciliation Commission being proposed

 

10^th December 2007

 

Dear Colleagues

 

Further to a newspaper article appearing in The Herald, society on the 5^th December 2007 quoting Professor Marshall, Bronwen Cohen and Lord Clyde with regards the proposed formation and possible setting up of a Truth and Reconciliation Commission in Scotland concerning institutional historical abuse.

 

FBGA's Aims have been to call for a Full Judicial Independent Inquiry into Quarriers Homes past abuse issues

 

FBGA position as a group is that while there may be some merits in what is being mooted with regards a Truth and Reconciliation Commission, we have serious concerns and reservations that such a process could interfere with the following rights and legal obligations that individuals and organisations have including victim survivors in our view.

 

• The right to a fair trial and hearing (European Legislation, Human Rights, section 6) by those alleging abuse and those being accused. The process of Truth and Reconciliation would circumvent the current legal judicial court system.
• That it will interfere with individual rights to seek legal redress in whichever shape or form that takes. It is up to each individual who has had their cases prosecuted within a Court of Law and those seeking redress who have been denied the right due to Timebar to determine fully what is right or acceptable to them.
• The issue of Timebar has been set aside by their governments in other countries such as Ireland and Australia despite the views of any law commission to the benefit of the survivors while acknowledging the enormous damage inflicted on those who have been abused including reparation and full unreserved apologies to those abused
• It will interfere with the rights of organisations to be able to defend against such allegations.
• It has the potential to permit or allow within such a process an individual to create false allegations and embellishing of abuse if the process does not have judicial oversight and proper powers of investigation.
• It has the potential to allow or permit organisations and individuals not to be fully transparent and open with all documentation and the facts if there is no proper oversight or investigational judicial powers given to the process.
• The State and the organisations should recognise fully when cases have been prosecuted successfully and individuals convicted in the Courts of abusing children in-care including where Appeals have been unsuccessful or not launched by those convicted. We believe at this point that the organisations and their agents should resolve and redress the issues to the benefit of those abused without inflicting further trauma or damage on the victim/survivors this includes State bodies also.
• The disclosure of evidential evidence from the trials and court convictions should be used to learn lessons as risk based insurers are often involved.
• The Court process and convictions should act as a catalyst for change and the introduction of full scale Independent Judicial Inquiries into organisations such as Quarriers which currently has the most ex-employees ever convicted of abusing sexually and physically children within the care system in Scotland and the UK (currently 9 ex-employees convicted).
• In Truth and Reconciliation processes the accused sometimes demand and sometimes get anonymity and amnesty from prosecution before they will give evidence. This happened in South Africa.
• If such a process is envisaged and initiated it must include then a condition precedent not to renounce all rights to go to Court to enable such crimes to be fully prosecuted. The organisations and individuals have a right to fair hearing and trial. No rights should be impinged or negated upon in the case of those being accused and those alleging abuse.
• Chief Executives of children's organisations and government appointed Commissioners and others quoted in the article should be calling for full Independent Judicial Inquiries into all of this historical abuse and in particular Quarriers to learn the full causes, extent and failures of the past Scottish Care system to protect children placed in past residential care just as they have undertaken in Ireland and Australia.

 

We understand following discussions within FBGA with survivors internally and externally of FBGA within Scotland and outwith that the points outlined in this letter are the prevailing views of the majority of survivors and there group representatives.

 

FBGA would have liked to have been fully consulted prior to this process being proposed by Lord Clyde, Professor Marshall and Bronwen Cohen or any other process being envisaged or proposed in the future. Individuals within FBGA or outwith who wish such a process as Truth and Reconciliation are entitled to campaign for their Aims outwith FBGA.

 

FBGA as a group at the heart of the issues with many members having been through the Scottish Courts will not be diverted by others from our original Aims and Objectives which are clearly posted on the FBGA website. One of these major Aims was reinforced and stated publicly in the Scottish Parliament in December 2004 calling for a Full Independent Judicial Inquiry into Quarriers Homes. FBGA continue to work constructively with the Scottish Government and others to ensure that all Survivors and their families in Scotland have full access to health and social services in the future. These discussions and deliberations are ongoing and FBGA will continue to keep everyone fully informed openly and transparently. All Subgroup minutes will be posted on the FBGA website.

 

 

David Whelan

FBGA (Former Boys and Girls Abused in Quarriers Homes).