Emma Caldwell case: Justice Secretary statement

Thank you, Presiding Officer, before I make this statement it is important to be clear that while legal proceedings in the Emma Caldwell case remain live, I must be careful and not reference any details of the criminal case itself. 

Also, I know that members will understand that at this time there are restrictions on what I can say and on the level of detail I can offer – both in the statement and in any responses to questions asked.

Presiding Officer, I know of no greater loss than that which comes with the loss of one’s child.

It seems unimaginable that loss, grief, and pain – a pain which Margaret Caldwell describes as enduring and excruciating - could be further compounded with almost two decades of not knowing what happened to your child and why they were taken from you.

The courage and conviction of the Caldwell family and of Emma’s mum, Margaret, is something that will have left a lasting impression on all those who have had the privilege of engaging with the family.

Mrs Caldwell has lived through what no one should ever live through. So let me repeat the words of the First Minister when he and I met the family earlier this week:  

'We are so deeply sorry for your and your family’s loss and for your pain and your grief that you have all had to endure.  And for the two decades of fighting a fight that you, and William (before he passed) and your family should never have had to go through.'

When we met on Tuesday, Mrs Caldwell reminded us that at the heart of all this is Emma. A gentle and kind daughter who was deeply loved and incredibly close to her mum, her dad and her siblings.

19 years have elapsed between Emma’s murder and a conviction. 

And there can be no doubt of the serious failings that brought a grieving family to have to fight for their right – for Emma’s right – to justice.

I know that Mrs Caldwell has met with the Chief Constable and it is right that Police Scotland has publicly and personally apologised for letting Emma and her family down in the original investigation by Strathclyde Police.   

And to quote the Chief Constable:

“A significant number of women and girls who showed remarkable courage to speak up at the time also did not get the justice and support they needed and deserved from Strathclyde Police.”

That said, Presiding Officer, I would like to commend those involved in the recent reinvestigation of the case and I know Mrs Caldwell and the family have also thanked those involved in securing last week’s conviction.

I am clear and confident that Police Scotland is, like society, changing. It is a different organisation today than of the legacy forces of the past. But that is not enough to comfort the Caldwell Family and nor does it do justice to Emma’s memory.  

Presiding Officer, the First Minister was clear last week that we would give serious consideration to the Caldwell family call for a public inquiry into Emma’s case - and that we would take a decision only after we had heard directly from Margaret Caldwell and her family.

Following that meeting with the Caldwell family, I can today announce that there will be an independent, judge-led, statutory Public Inquiry and preparations will begin immediately.

I have not taken this decision lightly. 

I recognise that a statutory Public Inquiry is a very significant undertaking and it will take time to set up, to hear evidence and to reach its findings. 

Nonetheless, given the gravity of this case; the length of time that it took for justice to be served; the horrific extent of the sexual violence suffered by the victims and survivors; and the suffering endured by their families - the case for holding a Public Inquiry is clear and compelling. 

It is time to apply fresh scrutiny to this case, to understand what went wrong, to ensure that lessons are learned for the future, and to provide answers to all victims and survivors in this case.

I have asked my officials to start immediate preparatory work to set up the Inquiry. As part of that work they will explore different options for who would lead such an Inquiry. After discussing this with the family we are in agreement that what is most important is that the person who leads the Inquiry has the confidence of the family, understands their trauma and has the necessary expertise to lead an Inquiry of this nature and importance.

This includes looking at judiciary within and outwith Scotland. To be clear I have faith and confidence in the independence and integrity of the Scottish judiciary. There is, however, some precedence in looking beyond Scotland for a chair and at this stage it is important to explore every option.

As an intimation of intention to appeal has been lodged in this case, I cannot go into any further details today. I do however commit to updating Parliament when all legal proceedings in the case are at an end and when we have appointed a Chair.  And we will work alongside the Chair and the family in setting and agreeing a terms of reference.

Presiding Officer, I welcome Police Scotland’s statement that ‘time is no barrier to justice’ and support their call for anyone who has been a victim of sexual violence to come forward and to speak to them, no matter when the offences took place.

We must go further and faster in order to eradicate the scourge of violence against women; tackling the root causes.

That means focussing on challenging misogyny and the toxic masculinity that underpins this behaviour.

It means we need to champion and address gender inequality.

It means when those unacceptable behaviours turn into violence and abuse, we must ensure that men - and the perpetrators is almost always a man – that they are held to account for their actions and brought to justice.

Our Equally Safe Strategy sets out these priority areas and details the approach we are taking to prevent and tackle violence against women and girls - focussing on early intervention, prevention and support services.

Presiding Officer, as part of my role in progressing the Victims, Witness and Justice Reform Bill, I have heard from many victims and survivors that, for them, the justice system is distressing and disempowering.

Women and girls have told government, and the Criminal Justice Committee, that their experiences of the justice system have been worse than the crime itself and this is completely unacceptable and must be addressed. It is why I would urge those in the Chamber to look at the proposals in our Bill, and the reforms that we want to drive forward so we have a justice system that works for sexual offence complainers.

A consistent and robust response throughout the justice system, from initial complaint to the end of any trial is critical in our efforts to prevent violence against women and girls.

We must all do better to support those courageous women who speak up - and to all the women and girls in our country who feel that they don’t have a voice. 

Including those that are on the margins of society, through trauma or addiction, who need us. That they too will be heard.

Presiding Officer, let me finish where I began.

To the Caldwell family - no matter what I say today or announce in this chamber it will not be enough to respond to your loss and tragedy.

But I, this government and, I very much believe this Parliament, want to do everything that we can.

And so for you Margaret, for William, for your family and for women and girls across this country - but most of all for Emma - I am pleased to tell the Parliament today that there will be a public Inquiry.

And I will continue to give all that I have to eradicate violence against women and girls across this country so that no one has to endure what you have endured.

But I want to leave Margaret with the final words today, which she shared with me earlier, Presiding Officer. She said:

‘My daughter Emma and the many victims who so courageously spoke up, deserve nothing less than a robust independent public inquiry and a judge who will act without fear or favour. There are those who say that such inquiries take too long, but my family has struggled for 19 years to get justice and we will wait however long it takes to see the truth and will accept nothing less.’