FAQs
- Why was the Inquiry set up?
The Scottish Government set up the inquiry to fulfil its commitment to hold an independent, public, judicial inquiry into the circumstances surrounding the Shirley McKie case. More details are available on About the Inquiry.
- Is this a statutory inquiry?
Yes. It has been set up under the Inquiries Act 2005. It is one of the first inquiries under that Act to use the Inquiries (Scotland) Rules 2007. More details are available on the Legislative Context page.
- Who undertakes the inquiry?
An “inquiry panel” which consists of a chairman alone or a chairman with one or more other members. In this Inquiry the Chairman will act alone.
- Who is the Inquiry Chairman?
Sir Anthony Campbell, a retired appeal court judge from Northern Ireland.
- When was the Inquiry set up?
For the purposes of the Inquiries Act 2005, the Inquiry was formally set up on 14 March 2008 as announced by Justice Secretary Kenny MacAskill. However, the Chairman remained focussed on his existing judicial duties in Northern Ireland until the end of August when he retired.
- What are the Inquiry’s terms of reference?
- To inquire into the steps that were taken to identify and verify the fingerprints associated with, and leading up to, the case of HM Advocate v. McKie in 1999
- to determine, in relation to the fingerprint designated Y7, the consequences of the steps taken, or not taken, and
- to report findings of fact and make recommendations as to what measures might now be introduced, beyond those that have already been introduced since 1999, to ensure that any shortcomings are avoided in the future
- Who decided the Inquiry’s terms of reference?
To fulfil the requirements of the Inquiries Act 2005, Scottish Ministers agreed the terms of reference after consultation with the Chairman of the Inquiry.
- How will the Inquiry work?
The Chairman has appointed counsel to the inquiry and its solicitor and secretary, and preparatory work is continuing. The intention is to hold an Initial Hearing on the morning of Monday 20 October 2008, at 10.30am at the Glasgow Royal Concert Hall. A Procedural Hearing is being planned at the same time and venue for the morning of Friday 21 November 2008.
- Who are Counsel to the Inquiry?
Gerry Moynihan QC is Senior Counsel to the Inquiry. Ailsa Carmichael, Advocate is Junior Counsel to the Inquiry. More information is available on the Inquiry Team page.
- Who is the Inquiry’s Solicitor and Secretary?
Ann Nelson, previously Legal Adviser/Director of Legal Services at the Scottish Parliament.
- Who else works for the Inquiry?
A small team of legal and administrative staff will provide support to the Inquiry.
- Who else will be involved in the Inquiry?
The Inquiry expects to obtain evidence from a range of individuals and organisations. Some individuals or organisations may be designated as core participants in the Inquiry.
- Who are the core participants in this Inquiry?
Under the Inquiries (Scotland) Rules 2007, the Chairman may designate a person as a core participant at any time during the course of an inquiry – but only with the consent of that person. The Inquiry invited those who wished to be considered for designation as a core participant to apply to the Chairman by noon on Friday 3 October – ahead of the intended Initial hearing on 20 October. There are notes about this and a form to complete on the Procedures page.
- If I want to give evidence to the Inquiry do I have to be a core participant?
No. If you are unsure whether you should ask to be designated as a core participant, please refer to the notes and form on the Procedures page.
- I’m thinking about getting involved in this Inquiry but want to have a lawyer to help me. Will the Inquiry pay for that?
Any assistance with costs must be agreed with the Chairman. He has various powers under the Act and there are a number of qualifications and conditions. These include a Determination by Scottish Ministers about awards for legal representation. For more information visit the notes for core participants on the Procedures page. You do not have to be a Core Participant to apply for an award for legal representation. For more information visit the Procedures page.
- What should I do if I believe I have some information that is relevant to the Inquiry?
Before submitting information, please contact the inquiry team.
- How will I know what’s happening with the Inquiry?
The Inquiry website will be updated throughout the Inquiry.
- Where will the Inquiry hold its hearings?
The Initial and Procedural Hearings will be held in the Exhibition Hall in the Glasgow Royal Concert Hall.
The Inquiry team are currently looking at options for a venue for later hearings. Further information will be available on the website in due course.
- Will the hearings be open to the public?
Inquiry proceedings are generally open to the public, however there may be restrictions when dealing with sensitive/confidential information.
- Will the hearings be broadcast?
Broadcasting of the Chairman's opening statement at the Initial Hearing will be permitted. There will be an opportunity for still photography after the opening statement.
- Will the Inquiry produce a Report at the end?
Yes
- I work for an organisation that I expect will have an interest in this Inquiry. What should I do?
That’s a matter for you but you might want to draw the organisation’s attention to the information on this website.