Lord Lexden
To ask Her Majesty’s Government whether they intend to release the records and files of the 1963 inquiry which led to the publication of Lord Denning’s report The Circumstances Leading to the Resignation of the Former Secretary of State for War, Mr J.D. Profumo.
Lord Wallace of Saltaire
My Lords, no decision has yet been taken on the future of the information held by the Cabinet Office on the Denning inquiry.
Lord Lexden
Does my noble friend agree that the records relating to Lord Denning’s inquiry constitute an immensely valuable historical source which, if released, would deepen our knowledge and understanding of one of the most sensational political scandals in British history? Does he also agree that a cloud of suspicion hangs over the Denning report? It has been described as “the raciest and most readable blue book ever published”. It has also been depicted as an endorsement of tainted evidence from journalists and the police used at the trial of one of the principal protagonists in the extraordinary drama, Dr Stephen Ward. That is the view of Mr Richard Davenport-Hines, author of the latest detailed account of the Profumo affair. There was collusion between the police and journalists 50 years ago on a scale that would make Lord Justice Leveson’s hair stand on end. Do we not need to see if we can get to the truth through the release of the Denning records?
Lord Wallace of Saltaire
My Lords, I thank the noble Lord for giving me the opportunity to go into this fascinating case. There has been a series of constructive non-decisions. Had decisions been taken on several occasions, the papers would have been destroyed. Indeed, in a debate in this House in April 1977, Lord Denning announced that the papers had been destroyed. The following day the Lord Chancellor stood up to say that he had not permitted this and that this action had not been taken. Given, however, the assurances Lord Denning gave to all of those he interviewed that these records were entirely confidential and that they would never be published, it seems acceptable that they should not be published while those who were interviewed by Lord Denning are still alive.
Lord Tyler
My Lords, given the suspicions at the time of Soviet espionage and all the excitement of Cabinet members being involved in regular orgies, it is perhaps not surprising that 50 years on we still do not know the truth of the Profumo affair. Will my noble friend tell us by what criteria it is decided how much time has to lapse before such matters are made public? Who takes that decision? When and how are those decisions reviewed and by whom—or are these matters also secret?
Lord Wallace of Saltaire
My Lords, I am conscious that there are several Members of this House who would love to write the next book on the Profumo affair. If I were asked to advise on the decision on this, I would say that we should hold to the principle not that the content should never be published but that it should not be published while those who gave confidential information on the assurance that it would not be published are still alive—and some of those who gave that evidence are still alive. The decision will have to be approved by the Lord Chancellor and the Minister for the Cabinet Office. The Master of the Rolls—as Lord Denning was then—also plays a role in such decisions as chair of the advisory board on public records.
Lord Armstrong of Ilminster
My Lords, I declare an interest as one who formerly had the custodianship of these papers. I can confirm that the evidence was taken by Lord Denning on the specific understanding that it would never be published. I think that one would need to be very bold to go back on that, certainly while people who gave evidence to the Denning inquiry or who were involved in events are still alive, and perhaps during the lifetime of their descendants. Does the Minister agree that it will need something like 100 years before one can consider whether these papers should be published?
Lord Wallace of Saltaire
My Lords, I do not wish to take a decision on that, either.
Lord Stevenson of Balmacara
My Lords, we are in an era where freedom of information and changes to the way in which information circulates mean that many decisions need serious review. Can the Minister confirm that this is a one-off situation? Or is he articulating a new policy whereby inquiries of the type led by Lord Denning will give rise to the curious situation of papers not being held in the Public Record Office in the way that all other papers are held?
Lord Wallace of Saltaire
I can give an assurance that this was a very exceptional circumstance. Officials have looked back at the archive on a number of occasions and have assured others, including myself, that there are still some sensational personal items in here which would be embarrassing if released. Therefore this is very much an exceptional case. The promises given by Lord Denning to those he interviewed were also rather exceptional. Therefore the line which the Government are in effect taking is correct; that is, to not decide at present either to destroy or to release the papers but to review the situation from time to time in the light of how many of those who gave evidence are still with us.
Lord Lloyd-Webber
My Lords, I declare an interest in that my new musical is about Stephen Ward and I am presenting a documentary on him for ITV. Is the Minister aware—this is what concerns me—that the fact that these files will be closed for a staggering 83 years gives rise to an awful lot of unhealthy speculation about who the individuals might be within the files?
Lord Wallace of Saltaire
My Lords, we have not yet decided whether they will remain closed for 83 years. It is fairly clear who all the individuals in the files are: they are those who were interviewed by Lord Denning.
Lord Richard
My Lords, I confess that I am slightly baffled by this. Did Lord Denning have the authority to give those assurances? I thought that the release of public documents was governed by various rules and regulations—there may even be an Act—that there was a 30-year rule and a 50-year rule, and that that was, so to speak, part of the governmental fabric. Is the chairman of an inquiry that has been set up by the Government in those circumstances to inquire into a matter like this entitled to give an assurance which, in effect, eats into or may even destroy the purposes of the various rules and regulations about release?
Lord Wallace of Saltaire
My Lords, this decision has been reviewed several times. As I remarked, the review has considered whether the files should be destroyed, maintained or released. As the noble Lord is well aware, there are a number of cases, particularly those with security and defence issues, where papers are retained for more than 50, 30 or 20 years. That has to have the approval of what is called a Lord Chancellor’s Instrument. It would now be appropriate to consider whether a formal Lord Chancellor’s Instrument needs to be applied to these files. I will add that at the time, Lord Denning refused to allow the head of the security services access to the papers.