Operation Midland: Henriques Report

Gary Streeter Excerpts

Tuesday 13th December 2016 Westminster Hall

[Several hon. Members rose—]

[Mr Gary Streeter (in the Chair)]

Order. We have about 36 minutes until the wind-ups begin, and six people who have indicated that they wish to speak, so they have about six minutes each.

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[Rishi Sunak (Richmond (Yorks)) (Con)]

Early one morning in March 2015, one of my constituents opened the front door of her home in Wensleydale to find a group of police officers standing there, with a warrant to search her house. Having lost her husband of 35 years just weeks before, she watched while the officers upturned every inch of the home they had shared. She told me it was

“like seeing your house burgled in front of your eyes”.

My constituent is Lady Diana Brittan, and her husband Leon was once my constituency’s representative in this House.

By any measure, Leon Brittan was a great man. Our nation’s youngest Home Secretary since Churchill, he helped to guide the country through the long night of the miners’ strikes. As Secretary of State for Trade, he played an instrumental role in creating the World Trade Organisation and, as Britain’s EU Commissioner, he won the nickname “Bulldozer” for his immovable commitment to UK interests. In pursuing what he knew to be right, regardless of who told him otherwise, Leon soon proved that he had, in spirit at least, been a son of Yorkshire all along.

However, in the last year of his life, when he was dying from cancer, he received a phone call from the Metropolitan police. He was told that he was to be investigated for an allegation of rape some 48 years old. The phone call was made despite the fact that the officer in charge of the case described the investigation as “grossly disproportionate”, and despite the fact that, as the Director of Public Prosecutions would later confirm, the case “at no time” met the necessary threshold for a realistic prospect of conviction. No one is above the law. It is of course right that the police should vigorously pursue allegations of criminality. However, in the case of my constituent it is clear that the Metropolitan police committed grave errors. As the Select Committee on Home Affairs said, the police acted in fear of

“media criticism and public cynicism”.

That is not a proper basis for police operations. The pursuit of justice is not an exercise in public relations.

Commissioner Hogan-Howe is to be commended for initiating the excellent independent Henriques review of the Met’s performance. However, the report is damning and lists more than 40 different failings, of which I will touch on three. First, current police guidance dictates that officers must “believe” a complainant’s allegations and that complainants should be referred to as “victims”. That is a dangerous principle. It flies in the face of the most fundamental principle of our justice system: that an accused is innocent until proven guilty. It goes beyond the reasonable requirement that officers should treat any allegations seriously and respectfully, and it creates a mindset where investigators may be tempted to fit facts to an accusation rather than approach their investigation with an open mind. It was precisely such thinking that led officers allegedly to mislead a judge about the credibility of a witness, thereby obtaining an unjustified search warrant and causing my constituent Lady Brittan so much distress.

Secondly, there were serious shortcomings in the way that the Metropolitan police interacted with the media. Our laws rightly preserve the anonymity of the accuser for sexual offences. Yet for the accused, our protections have repeatedly proved inadequate. Current police practice of confirming to the media the age and location of suspects is clearly incompatible with the police policy that suspects should maintain their anonymity until charged. For Leon, whose long years of public service made him easily identifiable, anonymity was lost well before it should have been, with devastating consequences. Lady Brittan, who was a dedicated magistrate, described to me how she and Leon, who was then in the late stages of cancer, were chased down narrow Yorkshire lanes by photographers and how their daughters fended off journalists outside their home. I appreciate the delicate arguments involved in considering statutory pre-charge protection of anonymity, but the failings of Operation Midland provide a compelling case for review.

Lastly, and most unforgivably of all, the police failed to inform the Brittan family that they were no longer pursuing their investigations. They found the time to inform the complainant, but it was not until nine months later that Lady Brittan read in a newspaper what she had known all along: that her husband had done nothing wrong. That delay meant that Leon died without ever seeing his innocence confirmed. It is shameful that the man who led our police force through one of its most challenging periods found himself so poorly repaid at its hands.

In conclusion, I have no doubt that if Leon, with his fierce intellect, had been standing in my place today, he would have made a far better case than I ever could. However, foremost in his mind would have been that the lessons must be learned, and learned properly. No one should ever suffer the injustice that he and his family have had to endure.

[Mr Gary Streeter (in the Chair)]

If each of the Front Benchers aims for nine minutes, that will give Sir Gerald two minutes to respond. I call Richard Arkless.

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[Carolyn Harris (Swansea East) (Lab)]

May I, too, congratulate the hon. Member for Aldershot (Sir Gerald Howarth) and all other Members on their passionate and interesting speeches? May I also say what a pleasure it is to serve under your chairmanship, Mr Streeter?

The report’s findings are extremely serious. They relate to the poor conduct of the police investigation and the breach of the police’s own guidelines on the anonymity of suspects, which have caused the Met to be in crisis. However, people’s focus is changing, and there now appears to be more attention on the credibility of rape and sexual assault victims. There is no evidence in the report to support a blanket change in policy for the treatment of all victims, which would run counter to all the evidence and the positions of all stakeholders.

Rape Crisis England and Wales says:

“The vast majority of survivors choose not to report to the police. One significant reason…is the fear of not being believed.”

The National Society for the Prevention of Cruelty to Children carried out a series of focus groups with victims of Jimmy Savile to identify common themes that prevented those victims from reporting their abuse to the police at the time and to explore how the police could improve their management of the reporting process and subsequent interviews and contacts. In all those groups, a key reason victims gave for not disclosing abuse was their overwhelming belief that if they had done so, they would not have been believed. Those who did not report abuse cited feelings of shame, guilt and a fear of not being believed, as well as feeling intimidated by Jimmy Savile’s profile, as their reasons for not telling anyone. Status and position must not be a shield against investigation. We have heard a lot about loss of income and livelihoods. If just one case is proven, that is one child’s childhood that has been taken.

The Met has made very serious errors. The detail of the Henriques report should be used to strengthen police procedures for both investigation and the treatment of suspects. It cannot and must not be used to downgrade the seriousness of allegations of rape or sexual assault—crimes that are already woefully under-reported and have low conviction rates. Victims fearing that they will be doubted only serves to prevent reporting and to degrade those victims. There must be no move backwards by the police to make matters even worse. There must be no return to the abysmal treatment of victims or lack of seriousness in investigations, or to the police denigrating victims or denying them their rights.

[Mr Gary Streeter (in the Chair)]

Thank you. The Minister now has plenty of time to respond. I call Brandon Lewis.

Independent Advocates for Trafficked Children

Gary Streeter Excerpts

Tuesday 28th June 2016 Westminster Hall

[Fiona Mactaggart]

That is exactly the point I was coming on to. [Interruption.]

[Mr Gary Streeter (in the Chair)]

Order. We have a Division. The right hon. Lady will have to answer that intervention when we get back. The sitting is suspended for 15 minutes. If there are two votes, please come back as quickly as possible.

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On resuming—

[Mr Gary Streeter (in the Chair)]

We are waiting for one or two colleagues to return, but I think that we are able to get under way, so I call Fiona Mactaggart to answer the intervention that was made 20 minutes ago.

[Fiona Mactaggart]

Thank you very much, Mr Streeter. The hon. Member for Maidstone and The Weald talked about the complex factors that lead to children going missing. As Professor Ravi Kohli, who led the evaluation team, told a joint meeting of the all-party groups on human trafficking and modern slavery and on runaway and missing children and adults, the circumstances in which a trafficked child goes missing from care are complex. Many factors may be involved and may need to be addressed to provide a solution. An advocate can help to mitigate those factors by raising awareness of the risks among other professionals, pressing for the provision of safer accommodation and building strong relationships with the child, but other action is also needed. As the evaluation report said, the circumstances in which children go missing require further investigation to ensure that we put in place the most appropriate measures to prevent that from happening.

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[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in this debate. I thank the right hon. Member for Slough (Fiona Mactaggart) for setting the scene. We have all said this about her, but we mean it: she has certainly been an advocate for this issue, and it is a pleasure to follow her and add some comments. I will speak about Northern Ireland, including the Northern Ireland legislation that she referred to.

Parliament expressed its view clearly in passing section 48 of the Modern Slavery Act 2015. The Government even accepted Members’ criticisms and amended the Bill to make the provision a duty rather than an enabling power, yet they are now choosing to interpret that section as if it were an invitation and not an instruction. That concerns me, and hopefully the Minister will respond to that point. Like the Northern Ireland Assembly, I believe that there is more than enough evidence and best practice available upon which a statutory national service can be based. That evidence comes from a variety of countries, from international organisations, and, closer to home, from Scotland, as the hon. Member for Lanark and Hamilton East (Angela Crawley) said. Consequently, Northern Ireland’s statutory independent guardian service is already in development, as has been mentioned, under section 21 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.

The Government, however, had a different opinion and felt that they needed to carry out their own trials to establish whether advocates provide a material benefit and add value to the care provided for children over and above existing services. That is perhaps not surprising in the light of their long-held view that existing children’s services were sufficient to support trafficked children, which I note they continued to profess immediately following the 2013 publication of the Government-funded “Still at risk” report from the Refugee Council and the Children’s Society. That report highlighted the insufficiencies and recommended a new advocate-like role to address them.

I therefore commend the coalition Government for deciding first to establish trials, and then to include child trafficking advocates in the Modern Slavery Act— some good stuff has been done. After the successful completion of the first trials, the Government can now be in no doubt about the beneficial impact of independent advocates, which the right hon. Member for Slough so clearly set out. I simply reiterate that the evaluation report makes clear that

“advocates added value to existing provision, to the satisfaction of the children and most stakeholders.”

It seems to me that the trials entirely fulfilled their purpose. They tested a system, demonstrated that the fundamental provision in question produced clear beneficial outcomes on many different fronts and highlighted areas for improvement in a full-scale implementation. Those improvements can and should be integrated into the new statutory scheme. Conducting further trials would be an unnecessary waste of time and resources. There has already been a delay of six months since the evaluation report was published, and longer since the trials ended. We can only expect further delays as procurement protocols, recruitment processes and other preparatory work, presumably including the setting up of a new evaluation mechanism, are carried out to establish further trials.

Many of the findings of the evaluation report were flagged up early in the interim report. They led to key amendments to section 48, including those relating to the legal powers of advocates and the duty of other public authorities to have due regard to advocates’ role.

Mindful of those considerations, I argue that rather than entertaining further delays through more trials, the time has come for the Minister to take action and to bring section 48 into force. I very much hope that she will confirm in her response, which I look forward to, that that is now the Government’s intention. It cannot be anything less.

If, however, the Minister insists on the expense and delay of yet further trials, I ask her, with respect, to explain how she envisages new trials addressing the gap in authority. How will the Government evaluate the effectiveness of advocates in engaging with local authorities and relevant agencies, given that the trials do not actually trial what is proposed? They deny advocates the statutory status that is central to their being able to deliver their function. It is difficult to see what mechanisms could be used in trials to require local authorities and relevant agencies to give due regard to the advocate’s role and responsibilities that would have a similar weight to a statutory duty. Sadly, the consequences of the delay will be that many vulnerable children across England and Wales have to go without much-needed assistance.

Scotland has of course been leading the way in the UK for some time, and I am pleased to say that Northern Ireland will shortly be joining Scotland in providing statutory independent guardians for both trafficked and separated migrant children. We are pleased to be part of that process, as the hon. Member for Lanark and Hamilton East said, and to follow the clear direction that Scotland has taken. It is a matter of great regret that trafficked children in England and Wales will not have the same access to support as those in Scotland and Northern Ireland.

When the lives of vulnerable children are at stake, it is imperative that we act with urgency, and we need urgency in the Minister’s response today. Does she really want it to be said that the worst place to be a trafficked child in the UK is in England and Wales, because the statutory rights and protections are weaker? I certainly hope not. I urge her to unblock the logjam that is holding up the commencement of section 48 and to act swiftly to enable every trafficked child in England and Wales to have an independent child trafficking advocate as soon as is humanly possible. I also ask her to address how she will ensure that separated migrant children in England and Wales will not be at a disadvantage compared with children in Scotland and Northern Ireland, who will have access to independent guardians.

It is a pleasure to speak on this matter, and it is important that the issues involved are stressed. I believe that England and Wales should follow Northern Ireland and Scotland’s examples, and I say in all honesty that it would be remiss of the Minister not to give a clear direction on that today. I look forward to her response, as well as that of the shadow Minister, the hon. Member for Rotherham (Sarah Champion).

[Mr Gary Streeter (in the Chair)]

We now move on to the Front-Bench speeches. It is worth pointing out that the debate can go on until 4.26 pm, but of course it does not have to.

[Richard Arkless (Dumfries and Galloway) (SNP)]

It is a pleasure to serve under your chairmanship again, Mr Streeter. This is clearly an important and emotive issue—I do not think anything rallies the human spirit quite like looking after children, whether they be our own children or trafficked children, and particularly vulnerable children who need our help.

The right hon. Member for Slough (Fiona Mactaggart) made a vivid and skilled contribution. She clearly has a great deal of knowledge of the issue, and I pay tribute to her for securing the debate and for the work that she has done on the all-party group, which I have learned a lot about in the last couple of days having read up on the subject. I commend you for that very good and sincere work. You provided vivid summaries of the experiences of the trial and put into context how it benefited children.

What came out of your speech was that trust is the central plank of why an advocate is so essential. The role of the advocate creates trust in the system by integrating children into society and giving them hope, and it creates trust in the advocates themselves. The alternative is further overburdening an already overburdened social work department with extra responsibilities, which it clearly would not have the resources to meet. I was interested to hear you talk about the positive feedback from the trials that have already taken—

[Mr Gary Streeter (in the Chair)]

Order. I remind the hon. Gentleman that when he says “you” he is referring to the Chair.

[Richard Arkless]

Apologies, Mr Streeter. I was commending the right hon. Member for Slough because I was interested to hear about the positive feedback from the trials that she spoke of. That prompts a question, which I hope the Minister can help us with later: why on earth were they pulled, and why has section 48 not been invoked since that happened? I would be grateful to hear some answers to that. It is telling that, as she said, Barnardo’s has continued its advocacy policy since the conclusion of the trials. That organisation is dedicated solely to looking after vulnerable children, so if it sees the benefits of advocates, we should all sit up and take note.

My hon. Friend the Member for Lanark and Hamilton East (Angela Crawley) made a point that I would like to echo: this is not about politics. This is not about us in Scotland, Northern Ireland, or any jurisdiction telling another jurisdiction that we are doing a better job. We simply care about the kids, wherever they are; whether they are in Scotland, England, the European Union or the wider world, we want vulnerable children to be protected. It is not to score political points that we say that Scotland is perhaps more advanced in what it is doing; it is to provide a constructive comparison so that we can all look after the children in question. My hon. Friend provided an excellent summary of the position in Scotland, which I am sure the Minister has taken note of.

The hon. Member for Strangford (Jim Shannon) made a powerful point about the need to invoke section 48 immediately. He made the important point that the criterion upon which we should assess the trials is material benefit to children. From what I have heard today and read in preparation for this debate, it strikes me that the trials did have that benefit. If we keep that principle at the forefront of our mind when assessing what happened in the trials, hopefully it will lead us to invoke section 48 so that, frankly, we can get on with it.

I did not think my speech would be complete without hearing from the children themselves. I have a testimony from a child in Scotland who has been through the system there. She says of her advocate:

“I was happy, she was so nice, so nice about everything, we go to different appointments together.”

She said her guardian really

“calmed me down when I was upset. After the appointment she and I would meet and talk together about what happened, and she advised me. She was more than a worker for me, because she was someone I could talk to.”

She said her social worker was very nice, but she had only met her

“for 3 hours in 9 months. We are like strangers when we talk together. But with my Guardian, I talk to her”.

She says that she trusts her guardian and that

“she puts me at…ease”.

She feels as if she can now live her life.