Operation Conifer

Lord Lexden Excerpts

Tuesday 11th December 2018 Lords Chamber

Moved by

[Lord Lexden]

That this House regrets the failure by Her Majesty’s Government to institute an independent inquiry into Operation Conifer conducted by the Wiltshire police into allegations of child sex abuse against Sir Edward Heath; and calls on Her Majesty’s Government to make proposals for an independent review of the seven unsubstantiated allegations left unresolved at the end of Operation Conifer.

[Lord Lexden (Con)]

My Lords, first, I welcome my noble friend Lady Barran to the Front Bench for what I think is her first debate in that important place.

As a reasonably loyal supporter of the Government, I derive no pleasure whatever from bringing forward this Motion, which levels serious criticism at them. My object is to provide an opportunity for the House to consider the Home Office’s wholly unsatisfactory response to the numerous requests for action made to it over the 14 months since the outcome of Operation Conifer became known.

In answering a series of Questions in this House, my noble friend Lady Williams of Trafford has made it absolutely clear to your Lordships that the Home Secretary does not believe that he should do anything at all to help put an end to the grave injustice that has been done posthumously to Sir Edward Heath. As a Knight of the Garter, Sir Edward was honoured by inclusion in the highest order of chivalry in our land. In death he has been dishonoured as the result of a deeply flawed police investigation into allegations of child sex abuse made against him.

The now notorious Operation Conifer conducted—misconducted, in the judgment of many people—by Wiltshire Police took two years and cost £1.5 million, of which £1.1 million came out of Home Office funds, placing responsibility for the operation’s very existence firmly with the Government. At its conclusion, seven of a total of 42 allegations made against Sir Edward were left open, neither proved nor disproved. Immense damage has been done to Sir Edward’s reputation. It will remain indelibly stained until the seven allegations have been cleared up.

I know of no one who does not regard this as a flagrant injustice. In today’s debate, we need to be absolutely clear about the Government’s stance. So I ask my noble friend: do the Government accept that Sir Edward Heath is the victim of a terrible injustice, which must be corrected? This is the first of four questions I shall put to the Government this evening.

I shall not dwell in detail on Operation Conifer. I do not think anyone has stepped forward to praise it. It has attracted only criticism—from legal experts, from informed commentators and from all those who believe in fairness, conspicuously represented in all parts of this House. One of the most memorable features of this remarkable police operation was the aggressive, belligerent behaviour of Wiltshire’s then chief constable, Mike Veale. Grave doubt was cast on his impartiality. He became the subject of widespread notoriety when he was quoted in a national newspaper as saying that he was “120 per cent” sure that Sir Edward was guilty. A statement by Wiltshire Police that followed was notable for its careful wording.

It is now clear that Mr Veale is not a man who believes that complete truthfulness is a requirement for the job of chief constable. An inquiry by the Independent Office for Police Conduct censured him in September this year for giving a false account of how he came to destroy his mobile telephone, an instrument widely thought to have contained information damaging to him in relation to Operation Conifer. Yet he remains a chief constable, translated from Wiltshire to distant Cleveland. The processes by which the most senior police officers are appointed in our country can contain puzzling elements. Cleveland’s reputation was not exactly outstanding, even before Mr Veale joined it.

Before the outcome of Operation Conifer was published in October last year, it was already obvious that an independent inquiry would be needed. In June 2017, Mr Angus Macpherson MBE, Wiltshire’s Conservative Police and Crime Commissioner, said that,

“an independent review of the evidence, perhaps by a retired judge, is required”.

Months of uncertainty followed.

In October, Mr Macpherson stated that he hoped that the Independent Inquiry into Child Sexual Abuse would conduct the review that was needed. He added:

“Should the inquiry prove unable or unwilling to take this task on, I will reiterate my earlier call for the government to establish a judge-led review of the evidence”.


Rebuffed by the inquiry, Mr Macpherson was urged on a number of occasions to exercise the power he himself possesses to set up an inquiry. For a time he said he would; then he reneged on that commitment. Since April this year, it has been absolutely clear beyond the slightest doubt that this Conservative commissioner will not do his duty to a deceased Conservative statesman.

So we come to the worst aspect of this most distressing case: the evasion of responsibility. Mr Macpherson plainly deserves strong censure. However, all possibilities of securing redress for Sir Edward are not dashed by his dereliction of duty. In answer to several Oral Questions, my noble friend Lady Williams has stated that the Government have the power to set up the independent inquiry which, they fully accept, ought to be held. That is a crucial point on which the House needs to be absolutely clear. So I ask the Government to confirm that they do indeed have the power to establish an inquiry. That is the second of my four questions to the Government this evening.

Assuming that the answer is in line with the answers that have been given to recent Oral Questions, the Government could readily take action to secure justice for Sir Edward. However, they too evade responsibility. They constantly seek to pass it back to Mr Macpherson, despite his repeated repudiations of it. On 12 November, in answer to an Oral Question from me, my noble friend Lady Williams stated:

“Any review or inquiry, should one be carried out, should be a decision of the PCC”.


A few moments later, she repeated the point in answer to the noble Lord, Lord Thomas of Gresford, saying that,

“an inquiry is a matter for the police and crime commissioner”.—[Official Report, 12/11/18; col. 1690.]

A grotesque version of pass the parcel has been played with a deceased statesman’s reputation.

Why on earth should a Member of the Government keep saying things that cannot produce any progress because the commissioner in question will not bestir himself? It can only be because the Government are determined not to exercise their power to institute an inquiry. Confirmation that this is indeed the case has seeped out in very brief comments made by my noble friend Lady Williams. Replying to a debate on 28 June, she told the noble Lord, Lord Armstrong of Ilminster, that,

“it would not be appropriate for the Government to step in”.—[Official Report, 28/6/18; col. 281.]

In a Written Answer to me on 29 October, she said:

“The Government does not consider there to be grounds for the Government to intervene”.

Those are no more than bald assertions. They are not explanations of why this Conservative Government have followed a Conservative commissioner in denying justice to a deceased Conservative statesman. So I ask the Government now: what are the reasons—the detailed factors—that have led them to make no use of their power to institute an inquiry? That is the third of my questions this evening.

--- Later in debate ---

[Baroness Barran]

I do not have a personal view on that but I thank the noble Lord for his question. In a moment I will comment on some of the ways in which we feel that progress can be made in this area.

In the words of the noble and learned Baroness, Lady Butler-Sloss, in an earlier debate on this subject, the police face an “unenviable and difficult task”, because they have a responsibility towards the accused as well as the victims. My noble friend Lord Lexden referred in the same debate to the research led by Professor Carolyn Hoyle and colleagues at Oxford University into the impact of false allegations of sexual abuse on those accused, particularly the fear of further allegations. Professor Hoyle rightly points out that this fear of further allegations is not true of other crimes. I know that pre-charge anonymity for suspects is of concern to noble Lords and has been raised by a number of speakers in this debate.

The release of suspects’ names to the media is addressed in the authorised professional practice guidance on media relations issued by the College of Policing. This makes it clear that the police will not name those arrested or suspected of a crime, save in exceptional circumstances where there is a legitimate policing purpose for doing so. Naming an arrested person before charge should be authorised by a chief officer, and the Crown Prosecution Service should be consulted. In May 2018, the college updated this guidance to make clear that this also applies where allegations are made against deceased persons. This seems to strike a sensible balance, but it is important that we get this right. The previous Home Secretary therefore asked Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services to carry out a short, targeted review of police adherence to the guidance on media relations, looking in particular at pre-charge anonymity. The inspectorate is undertaking a scoping study this financial year to consider where inspection activity might best be focused. In addition, the College of Policing is consulting on this issue with the National Police Chiefs’ Council, the Police Superintendents’ Association and the Police Federation.

The Government are genuinely trying to ensure that lessons are learned from the experience of operating this guidance. I hope this will go some way to reassuring my noble friend Lord Sherbourne, the noble Lord, Lord Tunnicliffe, and others who mentioned this.

The Government’s position on Operation Conifer remains as set out in the letter that my right honourable friend the Home Secretary sent to the noble Lord, Lord Armstrong, in October. The letter has been placed in the Lords Library. I thank all noble Lords for the careful consideration they have given to this matter. I recognise that the inconclusive nature of the investigation’s findings are unsatisfactory for everyone. I will make sure that my right honourable friend the Home Secretary gets a copy of the Hansard containing this debate.

I understand that there will be disappointment, especially among the many noble Lords who knew and worked with Sir Edward, but I repeat what I said earlier in my speech: no inference of Sir Edward’s guilt should be drawn from the conclusions of Operation Conifer. It is also absolutely clear that those noble Lords who knew Sir Edward well do not have any doubt about his innocence. I share the view of my right honourable friend the Home Secretary that the cloud of suspicion hanging over Sir Edward could be removed only if it were possible to interview him personally, something that, sadly, can no longer happen.

The response to my noble friend Lord Lexden’s final question, sadly, is no. We remain of the view that this is a matter for the local police and crime commissioner to handle, and it would not be appropriate for the Government to seek to persuade him how to go about this.

[Lord Lexden]

My Lords, I perform the traditional duty of thanking all participants in this debate with particular strength and great sincerity. Like many others, I commiserate with my noble friend who had the task of replying to this debate. She will realise at once that she leaves the House entirely and completely dissatisfied.

Across the House, we have been of one accord, united in a common purpose and determined to see justice done in this exceptionally important case, which has quite rightly attracted widespread public attention. A Conservative statesman has been traduced. We must have the truth, and we will get it.

I asked the Government four specific detailed questions about the conduct of Operation Conifer, its dire consequences and the need for an inquiry. What has been said in reply to this debate does not suffice by way of answer. I trust that I will have full answers to all four questions and that they will be sent as soon as possible to all those who have taken part in this debate and placed in the Library of the House. The most important of the four, as I stressed, was the last, on the seven unsubstantiated allegations. They simply must be examined and cleared up.

Those who care about the reputation of Ted Heath today; those who write and lecture today, this generation and the generations to come, as historians—and I speak as an historian—must have the full, definitive facts. We must have an accurate historical record.

Those who have debated this Motion have made clear their absolute support for it. Among those who have spoken, the Contents have had it without a single Not-Content—and I am content with that clear moral victory this evening in this important debate. I beg leave to withdraw the Motion.

Motion withdrawn.