As a member of the DPEA Stakeholders’ Forum, SAS has already raised the issue of unfair treatment of members of the public taking part in the Inquiry process and is awaiting the outcome.
6. Awards of Expenses – review of circular 6/1990
Scotland against Spin put forward that Circular 6/1990 should be updated to deal with the behaviours of parties at hearings and inquiries. This included, what they saw as, personal and vicious attacks on members of the public. They thought that reporters should exercise greater control over parties and the proceedings. They added that issues relating to late submissions should be included, they cited a 721 page closing submission that was 15 weeks late. They put forward that the “test” should be unreasonable behaviour and not just such behaviour that leads to additional expense.
However, after witnessing the x-examination of Dr Connor who was acting as a witness at the Arecleoch Inquiry, a member of the public complained to the DPEA about her treatment. I have copied the reply from DPEA below. SAS will be pushing for an update on our request to review Circular 6/1990 at the next DPEA meeting in April. We are however, not allowed to refer to live cases.
Reply from Interim Chief Reporter
There is of course no place for verbal abuse in inquiry sessions, and any such behaviour will not be permitted. That said, it is the role of advocates to ask questions of opposing witnesses and this may include questions relating to the experience and relevant expertise of witnesses. However, any such questions should be put in a respectful and courteous manner. Having discussed your comments with the Arecleoch reporters, and having reviewed recordings of cross-examination at that inquiry, I am satisfied that in the circumstances, no inappropriate cross-examination was permitted.
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