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The Herald Scotland
24-05-2025
- Politics
- The Herald Scotland
Ministers urged to 'come clean' over Sheku Bayoh inquiry
His appointment will see costs spiral further, with taxpayers already facing a bill of more than £23million for the long-running inquiry. Scottish Conservative shadow justice secretary Liam Kerr MSP said: 'Huge amounts of taxpayers' money have already been spent on this inquiry and this latest appointment will clearly add further expense. 'Given the extreme pressures on public finances the SNP need to come clean about what is truly happening with the Sheku Bayoh inquiry and guarantee answers will be delivered for all involved.' READ MORE: Former justice secretary urges MSPs to back Regan's prostitution crackdown bill Scotland 'can lead the way' with new specialist court to prosecute sex crimes MSPs to examine organised crime and overcrowding in drugs in prisons investigation Mr Beer's fee has not been disclosed. The inquiry is examining the circumstances surrounding Mr Bayoh's death in Fife in 2015 - and whether race was a factor. The 31-year-old died after being restrained by police officers in Kirkcaldy. The inquiry was plunged into turmoil last month after the Scottish Police Federation questioned the chairman's impartiality. Lord Bracadale is now considering his role after it emerged he had five meetings with Mr Bayoh's grieving family. Jason Beer KC has been hired by the Sheku Bayoh inquiry (Image: Jordan Pettitt) Mr Beer has worked on the Scottish Child Abuse Inquiry, the Post Office Horizon IT Inquiry, the inquiry into Lucy Letby, the nurse convicted of murdering seven babies and the attempted murder of seven other infants, as well as those into the Grenfell disaster in London and the death of Dawn Sturgess in Salisbury. He is to lead the work on the procedural hearing on June 12 and 13 which will examine whether Lord Bracadale's conduct during the inquiry has been fair. Mr Beer joins Angela Grahame KC and Laura Thomson KC as senior counsel. The Scottish Police Federation (SPF) last month intimated a petition for a judicial review of the inquiry after announcing it had "lost confidence" in the proceedings. It is understood that Lord Bracadale, who has helmed the inquiry since 2020, will consider whether he should step down from the role in the aftermath of the hearing. Should he do so, it would result in significant delays to the inquiry's work. Since the statutory inquiry began in November 2020, it has cost more than £23.7 million. The inquiry has completed the process of gathering evidence and was due to hear closing submissions. After the concerns surrounding Lord Bracadale were first raised, Sadif Ashraf, the solicitor to the inquiry, wrote to all parties in March, pointing out the engagement of families was "crucial to the effectiveness" of the inquiry. He stressed that if the inquiry failed to obtain and retain the confidence of the families, its effectiveness would be prejudiced. Mr Ashraf said since the start of the inquiry's work, Lord Bracadale had publicly expressed his intention to keep the families "at the heart" of the inquiry, and considered it "reasonable and appropriate" to meet members of the Bayoh families "from time to time" to reassure them, maintain their confidence in its work, and encourage them to participate fully. The first meeting took place in November 2021, followed by further meetings in April and November 2022, and January and December last year. Mr Ashraf's letter noted the purpose of the meetings was "to address issues relating to the welfare of family members as the inquiry progressed", and its impact on them. "The chair made it clear that anything of an evidential nature would require to be examined in evidence in the inquiry," Mr Ashraf said. Chairs of other public inquiries have previously met bereaved families including those affected by the Covid pandemic in Scotland and the Grenfell fire. But David Kennedy, general secretary of the SPF, said last month: "These unusual developments have left many core participants feeling that the process no longer appears transparent and open, with all core participants having been treated equally." Earlier this week it was revealed that the cost of public inquiries in Scotland since 2007 had risen to £230m. The figures, collated by the Scottish Parliament Information Centre, found the costs of the Eljamel Inquiry had already grown to £1m, despite not having taken evidence yet. Some £666,949 of this was spent on staff, while £316,035 was spent on external legal costs. The Scottish Child Abuse Inquiry, which was announced in 2014 to investigate the abuse of children in care, remains the most expensive in the country, with a current cost of £95.3m. The Scottish Covid-19 Inquiry, which is examining the Government's response to the pandemic, was announced in 202l and has already cost £34m. The costs of the ongoing Scottish Hospitals Inquiry, which is examining issues with the construction of the Queen Elizabeth University Hospital in Glasgow and the Royal Hospital for Children and Young People in Edinburgh, announced in 2019, have risen to £23.6m. The completed Edinburgh Trams Inquiry cost £13.1m. The figures were published as Holyrood's finance committee investigates the cost-effectiveness of public inquiries. MSPs will probe the role of legal firms and whether they have a vested interest in inquiries running on for years past their original finish date. A spokeswoman for the Sheku Bayoh Inquiry said: 'The Scottish Police Federation has raised concerns about Lord Bracadale meeting with the families of Mr Bayoh. Loss of confidence by a core participant in the fairness of the conduct and procedure of the Inquiry by Lord Bracadale is a matter of concern. 'The Inquiry will hold a public hearing in June on the fairness of the conduct and procedure adopted by Lord Bracadale in meeting with the families. Submissions are invited from all core participants.' 'The Inquiry is delighted to welcome Jason Beer KC to the team. Mr Beer has a wealth of valuable experience across public inquiries and we look forward to working with him in the weeks to come.' The Scottish Government was approached for comment.
Scotsman
21-05-2025
- Scotsman
Sheku Bayoh inquiry: Senior counsel linked to Post Office case appointed as Lord Bracadale comes under fire
Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... The long-running public inquiry into the events surrounding the death of father-of-two Sheku Bayoh in police custody has appointed an additional senior counsel to its legal team. The inquiry scrutinising the death of the 31-year-old, who died in May 2015 after being restrained on the ground by six police officers in Kirkcaldy, Fife, has appointed Jason Beer KC, who joins senior counsel, Angela Grahame KC, and senior counsel, Laura Thomson KC. Advertisement Hide Ad Advertisement Hide Ad Mr Beer, the head of 5 Essex Chambers, specialises in public inquiries, inquests, public law and police law. He has served a key role in several high-profile cases, including the Post Office Horizon inquiry, the Thirwall inquiry, and those into the Grenfell disaster and the death of Dawn Sturgess. Lawyers involved in the Sheku Bayoh inquiry have been reprimanded for inappropriate use of mobile phones in the hearing room. | PA The next hearing dates It comes as the inquiry announced its next hearing dates will take place on June 12 and 13. The hearing will focus on the fairness of the conduct and procedure adopted by the inquiry's chair, Lord Bracadale, in meeting the families of Mr Bayoh. The Scottish Police Federation (SPF) has questioned the former High Court judge's impartiality, and last month intimated a petition for a judicial review of the inquiry after announcing it had 'lost confidence' in the proceedings. Advertisement Hide Ad Advertisement Hide Ad It is understood that Lord Bracadale, who has helmed the inquiry since 2020, will consider whether he should step down from the role in the aftermath of the hearing. Should he do so, it would result in significant delays to the inquiry's work. Jason Beer KC has been appointed to the inquiry team. Picture: PA | PA The Sheku Bayoh inquiry's costs Since the statutory inquiry began in November 2020, it has cost more than £23.7 million. The inquiry has completed the process of gathering evidence and was due to hear closing submissions. After the concerns surrounding Lord Bracadale were first raised, Sadif Ashraf, the solicitor to the inquiry, wrote to all parties in March, pointing out the engagement of families was 'crucial to the effectiveness' of the inquiry. He stressed that if the inquiry failed to obtain and retain the confidence of the families, its effectiveness would be prejudiced. Lord Bracadale's conduct Mr Ashraf said since the start of the inquiry's work, Lord Bracadale had publicly expressed his intention to keep the families 'at the heart' of the inquiry, and considered it 'reasonable and appropriate" to meet members of the Bayoh families "from time to time" to reassure them, maintain their confidence in its work, and encourage them to participate fully in it. Advertisement Hide Ad Advertisement Hide Ad Lord Bracadale has chaired the inquiry since it began its work in November 2020. Picture: PA | PA The first meeting took place in November 2021, followed by further meetings in April and November 2022, and January and December last year. Mr Ashraf's letter noted the purpose of the meetings was "to address issues relating to the welfare of family members as the inquiry progressed', and the impact on them of the inquiry. "The chair made it clear that anything of an evidential nature would require to be examined in evidence in the inquiry," Mr Ashraf said.
Scotsman
01-05-2025
- Politics
- Scotsman
Readers' Letters: It's time to set limits on public inquiry costs
Public inquiry costs are out of control, says reader Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... Lord Bracadale, the Chair of the inquiry into the death in police custody of Sheku Bayoh, is reportedly considering resignation over allegations of potential bias (your report, 30 April). As the inquiry has already cost taxpayers more than £23.7 million without reaching a conclusion, resignation should not be an option — the Chair ought to have been dismissed. It is not acceptable that so much money has been spent with no result. It's time we set strict controls on public inquiries. Each should have a set budget, a contingency allowance and a firm deadline. Meeting time and cost targets should be core objectives, that the Chair must meet. Brian Barbour, Prestonpans, Edinburgh Lord Bracadale has chaired the Sheku Bayoh inquiry since it began in 2020 (Picture: Andrew Milligan/PA) Migrant memories Advertisement Hide Ad Advertisement Hide Ad The discovery of prehistoric 11,000-year old stone toolkits on the Isle of Skye (your report, 29 April), is both significent and saluntary. These toolkits belonged to our hunt gathering ancestors, who undertook a perilous journey of thousands of miles by foot to settle on the island. To undertake that journey would demand an unexpected level of sophisticated civilisation and a deep sense of adventure. It is also a salutary reminder of a world without borders with a freedom of travel. One can only surmise whether there were opportunistic people traffickers way back then, and the equivalent of precarious small boats. Very probably, many died en route. What is certain is that the lust to travel is written very deeply into the human gene, in the constant quest for a new and better life. At the end of the day, we are all descended from migrants and all borders are arbitrary, and a modern construct. Perhaps the urgent lesson is to forget our divisive nationality and recover our humanity sans frontieres. Ian Petrie, Edinburgh Mixed messages Advertisement Hide Ad Advertisement Hide Ad It is appalling, but sadly predictable, that SNP MSPs on Holyrood's Equalities Committee are defending Green MSP Maggie Chapman, who is deputy leader of the Committee, for her outrageous and dangerous abuse of the Supreme Court because of their legal definition of a 'woman' according to to her biological sex. While initially, the First Minister, John Swinney, and other senior members of the Scottish Government declared their acceptance of the new ruling, it has rapidly become obvious that they hope to delay and circumvent its implications being implemented. Speaking to journalists after addressing the Trade Union Congress, Mr Swinney warned against 'a knee-jerk reaction to banning trans people from single sex spaces (your article, 29 April). He said the purpose of addressing leading trade unionists was to to 'renew his pledge to the LGBT community' and he was concerned 'specifically with the rights of trans men and trans women in society'. He and his ministerial colleagues maintain that before they start to implement the new ruling, they have to wait until they receive advice from the Human Rights Commission. This is despite the EHRC having issued 'interim guidance' suggesting that 'trans women should be banned from women-only spaces'. Mr Swinney maintains that as First Minister he is committed to' protecting the rights of everyone in Scotland today' However, he is still unable or unwilling to define what is a 'woman' and refuses to acknowledge and apologise to women for the frightening death and rape threats they have received and are still receiving. Advertisement Hide Ad Advertisement Hide Ad It is apparent that John Swinney, like his predecessor Nicola Sturgeon, does not govern for all Scots but is concerned disproportionately with the needs of trans people. Despite denial to the contrary, it would seem that our current First Minister and many members of his government share very closely the sentiments expressed by Maggie Chapman. Sally Gordon-Walker, Edinburgh Self-interest Maggie Chapman's comments about the Supreme Court were reprehensible, but in many respects pale into insignificance when one considers her failure to recuse herself from the decision process in a meeting called to consider her removal from the committee. Holyrood should be considering her suspension from itself for bringing the Holyrood Parliament into disrepute by voting in her own interest in a conflict-of-interest environment. Alasdair HM Adam, Dollar, Scottish Borders Not so equal Scots have almost certainly pondered the value of Holyrood, especially in recent years. Unpopular legislation coupled with rapidly declining services have been a topic of conversation throughout the land. Now we are observing the SNP members of the Equalities Committee (are some more equal than others?) saving the job of the Greens's Maggie Chapman after her intemperate outburst over the Supreme Court judgment. This outcome was unexpected as Ms Chapman's actions were caught on video for all to see. The somewhat questionable reasons for the SNP not to vote her off leaves many of us scratching our heads. Is Holyrood really doing its 'assigned at birth' job? Gerald Edwards, Glasgow Scrap the cap Advertisement Hide Ad Advertisement Hide Ad Clark Cross says he does not agree that the UK Government is keeping children in poverty via the two child benefit cap (Letters, 29 April). Only a week or so ago, a number of leading charities – including Barnardo's, Save the Children UK and the Child Poverty Action – Group wrote jointly to Sir Keir Starmer to point out that Labour would oversee the highest child poverty rates on record if they failed to scrap the two child cap. Recent figures showed child poverty rising in England and Wales but falling in Scotland, primarily due to the Scottish Child Payment. The Child Poverty Action Group estimate that the number of children in poverty will jump from 4.5 million now to 4.8m by 2029 unless urgent action is taken. Surely a key indicator of a humane and caring society is how it treats its most vulnerable groups – children, pensioners and disabled people. Mr Cross suggests we can't afford to scrap the two child benefit cap. I would suggest that with the welfare of our children in mind we can't afford to keep it! Alan Woodcock, Dundee Go, Fergus Is it good that several respected newspapers have encouraged Fergus Ewing to stand as an independent MSP at next year's Holyrood election… or is it just another unionist ploy to further weaken a troubled SNP and the independence campaign? Advertisement Hide Ad Advertisement Hide Ad My friend Fergus is an energetic, honest and forthright politician and just maybe the inevitable vicissitudes of life have misplaced the memorable statement of his late mother Winnie – the glorious Madame Ecosse – 'Stop the world. Scotland wants to get on.' Grant Frazer, Cruachan, Newtonmore On balance Perhaps David Millar (Letters, 29 April) could enlighten us by presenting, on a sheet of A4 paper, how, over the next decade, we can finance the UK, how we could re-enter the European Union, how we could rely on a so-called 'nuclear deterrent' controlled by the USA, how Scottish pensioners and the poor could afford to keep the lights on with electricity prices among the highest in the developed world, and finally, how Scotland would trade internationally when our so-called 'partner' in the current dysfunctional union continues to concentrate major UK transportation infrastructure spending in the south east of the island of Britain. Perhaps if Mr Millar had been presented with a 'balance sheet' in 2014, 'realistically' outlining the dire state of the UK economy in 2024, he, along with others, would have made a more enlightened decision and voted for Scotland to determine its own future. That sheet would have read that UK debt more than doubled to £3 trillion with annual interest of £100 billion (Scotland's share being close to £10bn annually) and growth stagnant, the UK taken out of the EU (contrary to the wishes of the people of Scotland), nuclear weapons (still based next to Scotland's most populous city) under the control of an unreliable megalomaniac, those closest to our renewable energy resources paying among the highest electricity prices in the UK, and finally, international trade not only hampered by Brexit red tape but by insistence on perpetuating a so-called 'special relationship' with the USA. Advertisement Hide Ad Advertisement Hide Ad Perhaps this is what Mr Millar 'realistically' voted for in the 2014 Referendum but this was not the messaging of the Better Together campaign and if it had been then we would probably now have a mutually respectful relationship with our close friend and neighbour, plus economies better targeted, via enhanced democracy, to meet the wishes and aspirations of the peoples of each proud nation country. Stan Grodynski, Longniddry, East Lothian Frankly, no thanks So former Scottish first minister Nicola Sturgeon is to launch her memoir at the International Book Festival and promises an open, honest and candid account of her achievements and heartbreaks. What achievements would that be then? The last time she launched anything it was a ferry with nae windaes! No need to rush to buy it, it will be piled high in the bookshops remainder bins soon, or perhaps in the load of cookery section under 'Mince'. As for your local library, check out the fiction shelves first, for that is where it belongs! Andrew Kemp, Rosyth, Fife Write to The Scotsman
The Herald Scotland
29-04-2025
- Politics
- The Herald Scotland
Police federation consider legal action against Bayoh inquiry
Details of the substance of the private meetings have not been disclosed. Aamer Anwar, the solicitor for Mr Bayoh's family, said it was not unusual for the chair of a public inquiry to meet victims' families. David Kennedy, General Secretary of the SPF, said: 'These unusual developments have left many core participants feeling that the process no longer appears transparent and open, with all core participants having been treated equally. 'We have lost confidence in the inquiry and regrettably, we have been compelled to indicate that we consider it necessary to petition for judicial review. "We are seeking a fair and transparent public inquiry. We will of course listen to what Lord Bracadale has to say at the forthcoming hearing, but as things stand I imagine that it will be necessary to proceed with the petition." The inquiry is a public inquiry governed by the Inquiries Act 2005. It has so far cost just under £24 million. The inquiry was announced by the Scottish Ministers on 12 November 2019 to examine the circumstances of the death of Sheku Bayoh, who died following his arrest by officers of Police Scotland on 3 May 2015. The inquiry began hearing evidence on or around 10 May 2022. Earlier today the BBC reported that Lord Bracadale was to consider whether he should step down after the SPF questioned his impartiality. Mr Bayoh, a father-of-two, was 31 when he died in May 2015 after being restrained by six police officers in Kirkcaldy, Fife. Former High Court judge Lord Bracadale, who was appointed five years ago, will seek the opinion of all the parties represented at the inquiry at a hearing in June, before deciding whether to carry on or step aside. If he stays, the federation could challenge his decision through a judicial review. But if Lord Bracadale goes, it will result in a significant delay to the inquiry issuing its findings. Aamer Anwar, the Bayoh family's solicitor, described the SPF's move as a "desperate and pathetic attempt to derail the inquiry". And he said if Lord Bracadale does step down it would delay proceedings by "years". A spokesperson for the inquiry said: "The Scottish Police Federation has raised concerns about Lord Bracadale meeting with the families of Mr Bayoh. "Loss of confidence by a core participant in the fairness of the conduct and procedure of the inquiry by Lord Bracadale is a matter of concern. "The Inquiry intends to hold a public hearing in June on the fairness of the conduct and procedure adopted by Lord Bracadale in meeting the families. Submissions are invited from all core participants." Since his appointment in 2020, Lord Bracadale has held 122 days of oral hearings, examining what happened on the day of Mr Bayoh's death, the way the incident was investigated and handled by the authorities and whether race was a factor. The uncertainty over his position comes with the inquiry's finishing line in sight. It has completed the process of gathering evidence and was due to hear closing submissions before Lord Bracadale begins the task of reaching his conclusions. Mr Anwar added: "Lord Bracadale is a man who is widely respected across the legal profession. "He has given 50 years of his life to public service, without blemish. "This attempt to attack his integrity and impartiality, as far as the Bayoh family is concerned, is beneath contempt." Latest figures show that by the end of December last year the overall cost of Lord Bracadale's inquiry itself, covering factors such as its set-up and staffing, had hit £23,765,467. This was up from £22,095,804 at the end of September.
STV News
29-04-2025
- Politics
- STV News
Chair of Sheku Bayoh inquiry to consider position over impartiality concerns
The chair of the Sheku Bayoh inquiry is to consider his position after his impartiality was questioned because he had meetings with the Bayoh family. Lord Bracadale will hold a hearing in June to hear views from all the parties represented at the inquiry on whether it has been conducted fairly. If he steps down, it could delay the findings, but a decision to stay on could result in a judicial review being submitted by the Scottish Police Federation, the body that represents rank and file officers. The Federation's concerns come as the inquiry was due to hear closing submissions. Sheku Bayoh died after being restrained by police officers in Kirkcaldy ten years ago after he was restrained by around six police officers. Following an investigation, the Crown Office decided not to take legal action against the police officers involved. Last month, his family resolved the civil action first raised in May 2018, against the chief constable of Police Scotland. The settlement was agreed without any admission of liability by Police Scotland. The Scottish Police Federation said it was 'surprised' by the chief constable's decision to settle the claim against the force. The body has now intimated a petition for a judicial review of the public inquiry, stating that five meetings between chair Lord Bracadale and the family had taken place without other core participants being notified. David Kennedy, general secretary of the Scottish Police Federation, said: 'These unusual developments have left many core participants feeling that the process no longer appears transparent and open, with all core participants having been treated equally. 'We have lost confidence in the inquiry and regrettably, we have been compelled to indicate that we consider it necessary to petition for judicial review. We are seeking a fair and transparent public inquiry. 'We will, of course, listen to what Lord Bracadale has to say at the forthcoming hearing, but as things stand, I imagine that it will be necessary to proceed with the petition.' Lord Bracadale has presided over some of the most high-profile criminal trials in recent Scottish history, having been senior counsel for the Crown in the Abdelbaset al-Megrahi Lockerbie bombing trial, and presiding over the Nat Fraser and David Gilroy murder trials as a judge. Mr Bayoh's family have described the decision by the federation as an attempt to undermine the public inquiry, which has cost Police Scotland almost £25m. In a statement on behalf of the family, solicitor Aamer Anwar said: 'For over 50 years Lord Bracadale has given his life to public service, acting always with integrity and impartiality, yet this attack comes as no surprise to the Bayoh family, who have been subjected to repeated abuse and attempts to undermine them. 'The question is, why now? In over three years, nobody has uttered a word of complaint. Why should the Chair of a public inquiry not meet the victim's family as they do indeed in every other public inquiry in the UK. 'Only recently, the chief constable met with the Sheku Bayoh family to offer her apologies to them, and she publicly stated her full support for the public inquiry. During the course of evidence, the former Lord Advocate offered his apologies to the Bayoh family – so the question is not what the Federation say, but what lawyers for the Crown Office and chief constable will do at the hearing. 'In conclusion, this inquiry has robustly exposed the incompetence, misconduct, alleged criminality and institutional racism at the heart of our criminal justice system – nothing the Police Federation, Police Scotland, Crown Office or PIRC does now can ever change that. 'Police Scotland recently advised us in an FOI they had spent £17,332,174 on lawyers since the public inquiry was announced – in this final throw of the dice by those acting for the police, the public have right to know why millions more must be spent on police lawyers?' Get all the latest news from around the country Follow STV News Scan the QR code on your mobile device for all the latest news from around the country
