Child Abuse Inquiry

Lord Bates Excerpts

Thursday 22nd January 2015 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)]

My Lords, with permission, I will repeat an Answer to an Urgent Question which was made by my right honourable friend the Home Secretary in the House of Commons earlier today:

“Mr Speaker, in July last year I announced the establishment of the Independent Panel Inquiry into Child Sexual Abuse. The inquiry will consider whether public bodies and other non-state institutions have taken seriously their duty of care to protect children from sexual abuse. As I said when I established the inquiry, it must expose the failures of the past and must make recommendations to prevent them from ever happening again in the future.

The House is aware that the first two nominees for chairman of the inquiry resigned after it became apparent to them that they did not command the full confidence of survivors. I am clear that the new chairman must be someone who commands that confidence and who has the necessary skills and experience to carry out this vital work. In my work to find that person, as I told the House I would do, I have undertaken a number of meetings with survivors of child abuse and their representative bodies. I have been deeply moved by the candour and the courage they have shown in telling me their harrowing stories and the experiences they have been through. I am absolutely committed to finding them the right chairman to ensure they get the answers they deserve. Not only does this inquiry need the right chairman, it also needs the right powers. That means the ability to compel witnesses and full access to all the necessary evidence.

In December I wrote to panel members to set out the three options which could give the inquiry these powers. I confirmed those options in my evidence that month to the Home Affairs Select Committee. I also confirmed that I would make a decision on the right model for the inquiry and the chairman by the end of January. It remains my intention to make a Statement to the House shortly after I have made that decision, and after the necessary interviews and careful due diligence work have taken place.

It is important that this inquiry can get on with its work but it is also vital that we have the right chairman, the right structures and the full confidence of the people for whom it has been established. We face a once-in-a-generation opportunity to expose the truth, to deliver justice to those who have suffered, and to prevent such appalling abuse from ever happening again. That is what the survivors of child abuse deserve and what I remain determined to deliver”.

[Baroness Royall of Blaisdon (Lab)]

My Lords, I am grateful to the Minister for repeating the response from the Home Secretary. The Minister will know how serious this inquiry is and how much it means to those who endured awful abuse in childhood, who were not listened to then and who deserve to be listened to and to have the chance for justice now. For the inquiry to stall once is unfortunate but twice is careless and the situation now frankly looks incompetent.

I wonder what is going on. Given the seriousness of this matter, I fear that there is now no choice but to start this inquiry again—properly, with a new chair, full powers and proper consideration of the scope and purpose involving survivors themselves. Other people have set up effective inquiries—for example, Hillsborough, the Northern Ireland inquiry into chid abuse and the Soham inquiry. When will the Home Secretary act decisively?

[Lord Bates]

We share the general consent to get at the truth of what has been happening and to get on with the work. I have explained some of the reasons for the delays. The suggestion made by the noble Baroness was very much one of the options set out by the Home Secretary in her letter of 17 December 2014 to panel members. The three options were a royal commission, giving statutory powers to the existing independent panel or starting all over again with a new chairman. Those remain the three options being actively considered.

We also very much share the view about the success of the Hillsborough inquiry in gaining truth. In fact, the model of that inquiry was the original model used to set up the independent panel. However, it proved not to be possible to command the confidence of the survivors’ groups in the structure as it was then. That is why we sought to open it up to a much wider range of people—150 people have applied or have been nominated to be considered—to go through the matter very carefully and, crucially, to keep survivors’ groups informed all the way through. We will continue to do that.

[Baroness Howarth of Breckland (CB)]

My Lords, the Minister talked about this never happening again but in the work I do it is happening every day, now. We know that this is a problem. Unless we have the right staff on the ground and the right programmes, we do not have a hope of preventing this. Meanwhile, the funding for many groups is being reduced. The funding for the Stop it Now! programme, which had a full preventive programme, has been stopped for two years in England but not in Scotland, Ireland and Wales, where it is doing well. Are the Government really serious in thinking about what is happening now when we have a whole range of inquiries with recommendations that have already taken place? We may need to look at this historical situation, but I ask: how much will that cost and how much will the Government put into present-day schemes which will stop the child being abused today?

[Lord Bates]

First, I pay tribute to the work that the noble Baroness has done in this important area, not least on the all-party group and its report, which was extremely helpful and informed a lot of our thinking in this area. She made a specific point about funding and pressure that groups are experiencing at present. There is no doubt that with the increased publicity more and more people are coming forward. On one level, that is to be welcomed as an opportunity for justice and to learn lessons, but on another level it puts increasing pressure on those organisations which do tremendous work in caring for and working with victims and survivors. That was one reason why my right honourable friend the Home Secretary announced an additional £7 million of funding. Some £2.85 million of this funding will be available to the organisations representing child and adult victims of sexual abuse, and there will also be a child abuse inquiry support fund of £2 million. That fund will open very shortly, and bids will be invited.

[Baroness Walmsley (LD)]

My Lords, I wholeheartedly endorse the noble Baroness’s call for more prevention work. In my view, we need a statutory inquiry. I hope that the Secretary of State will choose the correct one of the three models, and will come up with that and the right chair as soon as possible. I have two questions. My noble friend mentioned additional funding. Could he please reassure us that this funding will both be swiftly available and not be ringed round with a lot of bureaucracy? More people will undoubtedly come forward as these issues are highlighted, and the money needs to get to the groups which support them quickly and without a lot of bureaucracy. Secondly, as more allegations are made, can the Minister assure us that these will be referred swiftly to the police, and preferably to a different police force from the one within which the allegations were made?

[Lord Bates]

On the last point, of course there is nothing in the delays which we are experiencing with the inquiry which should for one moment stop the prosecution or investigation of these heinous crimes. That should not occur. We now recognise that all three options must have a statutory element, and without doubt the inquiry will have that. Regarding the funding which is available, I have mentioned some special funding. We are also working with the Department of Health and the Department for Communities and Local Government to see what additional support can be provided, particularly for those who will be invited to come forward to give evidence to the inquiry.

[Lord Pannick (CB)]

My Lords, have the Government considered that the difficulty in getting this inquiry off the ground is due to its size? Surely nobody could sensibly conduct an inquiry with terms of reference requiring consideration of the extent to which state and non-state institutions have failed in their duty of care since 1970. That is an impossible task, and it is surely not surprising that no competent person is able to perform it. I must say to the Minister that if an inquiry of that sort ever did start, the inevitable delays in conducting it would make Sir John Chilcot look like a chairman in a hurry.

[Lord Bates]

I very much hope that that is not the case. I have to say that in most cases the pressure that we have been under was to extend the terms of reference still wider. I totally understand the noble Lord’s point that the inquiry needs to be sharp and focused, and to get to the heart of the matter. The chair who is appointed to the panel therefore has an incredible responsibility to provide that clarity of focus and speed of deliberation so that we get the answers quickly.

[Lord Rogan (UUP)]

My Lords, the Minister is suggesting that a new panel may be set up. Could its remit be extended into inquiring into the Kincora Boys’ Home in Belfast?

[Lord Bates]

This is a devolved matter in Northern Ireland. An inquiry is ongoing at present, chaired by Sir Anthony Hart. We are of course open to the devolved Administration making approaches, but at the moment this is for England and Wales.

[Lord Richard (Lab)]

My Lords, the Minister said that so far there have been 150 nominations for the post of chair of this inquiry. Could he tell us a little more about this? Is it really going to be decided by nomination? Is the chair to be picked from the people who have been nominated? Have they nominated themselves? What organisations nominated them? It seems to me that in an affair of this sort the discretion of the Home Secretary in choosing the chair is extraordinarily important and should not be eaten into.

[Lord Bates]

We opened this up after the initial appointments of the two chairmen because they did not command confidence. Some people have responded and come forward directly, while a number of representations have been made on behalf of others by Members of your Lordships’ House. We wanted to broaden the net as widely as possible so as to allow people to come forward, and then of course to go through the due diligence aspect of their backgrounds to ensure an appropriate shortlist. Then, most crucially, before the shortlist is made public, the first people to see it will be the survivors’ groups themselves to ensure that we have their confidence in the individuals concerned.

[Lord Cormack (Con)]

My Lords, does my noble friend accept that many of us feel that it was little short of a tragedy that the Home Secretary’s first nomination was not able to continue as chairman? Further, would he bear in mind the importance of the points made by the noble Lord, Lord Pannick? Will he also reflect on the Saville inquiry, which went on and on? It is crucial that the remit is clearly defined, not unending in its scope, and that a report is published within a reasonable time.

[Lord Bates]

I am happy to endorse the views of my noble friend about the previous nominees, who were both genuinely outstanding candidates. That is still our belief. On the approach going forward, we want a system of regular reporting retained in the methodology. Rather than an ongoing inquiry delivering at some point in the future, there will be interim reports. The initial inquiry suggested that there would be a report after six months, but I hope that there will be regular opportunities to produce reports, and that those reports will provide opportunities for noble Lords to discuss and debate the evidence received to date.