Daniel Morgan Independent Panel Report

Lord Paddick Excerpts

Tuesday 22nd June 2021 Lords Chamber

[Lord Rosser (Lab) [V]]

First, I wish to pay tribute to the family of Daniel Morgan. It is only as a result of their utter determination to see justice done that the independent panel was finally set up, 26 years after Daniel’s horrific murder. Now, 34 years after his murder, we have its report, revealing appalling truths relating to the various police investigations that would never otherwise have been so comprehensively and forensically exposed; truths which make clear why still nobody has been brought to justice for Daniel’s murder, and probably never will be. The delay of eight years in completing and publishing the panel’s report only made matters even harder for the family, but it is to be hoped that its findings, justifying their determined stance, will provide some solace.

I wish to express our appreciation as well for the hard work done by the panel and for its report, and not least for the noble Baroness, Lady O’Loan. It does not seem that the work it did, with the barriers it faced, involved an exactly smooth and stress-free process. The report is devastating in what it reveals about the conduct, role, approach and competence of the Metropolitan Police Service, which was found by the panel to have concealed or denied failings for the sake of its public image. It was found that this was dishonesty on the part of an organisation for reputational benefit and constituted a form of institutional corruption.

It is a conclusion that has already been abruptly rejected by the MPS as continuing to still apply, even though it has still to meet the Home Secretary’s requirement for the commissioner to submit a report setting out the Metropolitan Police Service’s response to the findings and recommendations of the independent panel. Would the Government say, first, when that MPS response has to be with the Home Secretary, and, secondly, if that written response from the MPS will be placed before Parliament, unamended and unredacted?

The overwhelming majority of MPS officers and staff will be gutted by the findings of the report. Certainly, my involvement with the MPS, as a participant in the parliamentary police scheme, left me with nothing but admiration for the way MPS officers and staff under- take their work on our behalf.

When the panel was set up by the then Home Secretary in 2013, it was expected to complete its work within 12 months of relevant documentation being made available. Instead, it took eight years, with the last relevant material not being forthcoming from the Metropolitan Police until March this year. The panel was not set up under the Inquiries Act, which would have given it statutory powers in relation to its investigation—not least over non co-operation—including powers over timely disclosure of documents and compelling people to appear before it to give evidence. The report is very blunt about the attitude of the Metropolitan Police Service towards the panel, saying that, at times, the force treated panel members as though they were litigants in a case against them. Can the Government say why the panel was left to carry out its work with one arm tied behind its back, as far as its powers were concerned? Would the Government also say if the Home Office was aware of the difficulties the panel was having in carrying out its work with the Metropolitan Police Service, and, if so, when did it become aware and what action did any Home Secretary then take, bearing in mind that the Home Secretary is accountable to Parliament for the police service?

That brings me on to a further statement in the panel report, on page 1138, which says:

“The relationship with the different officials who have been Senior Sponsor … since 2013 has been positive, but the relationship with the Home Office as a department has been more challenging.”


Would the Government say in their response whether the Home Office was aware of the specific issues of concern in relation to the Home Office, referred to on page 1138 of the report, and, if so, what action was taken to resolve them and then to ensure that no similar situation could arise again? One would have thought, bearing in mind that the panel was established in 2013 by the then Home Secretary, that the Home Office would have given its full backing and support to the panel. Clearly, that was not the case.

The Home Secretary told the Commons that she was asking the Inspectorate of Constabulary to look into the issues raised by the independent panel’s report. What are the exact terms of reference that have been given on this to the inspectorate?

The Home Secretary also said that she would return to update Parliament on progress made on the recommendations in the report, which include a duty of candour, greater protection for whistleblowers, more effective vetting procedures and adequate provision of resources to deal with corruption, once she had

“received responses from the Metropolitan Police and others.”—[Official Report, Commons, 15/6/21; col.128]

Would the Government spell out exactly who “and others” covers, and whether that means the Home Secretary does not intend to return to the Commons with an update until she has received a response from all those, however many they may be, covered by “and others”?

Will oral updates to Parliament be given at regular intervals on progress being made in the light of the panel recommendations and other responses? One of the panel recommendations is a statutory duty of candour. Will the Government confirm that that recommendation, along with others about a requirement for co-operation from public bodies, will be implemented in time for the inquiry into the Covid pandemic?

Finally, would the Government say what further action they intend to take to provide justice for Daniel Morgan and his family? They are the ones who have been denied justice for 34 years. Public trust and confidence in our police are crucial, not least for policing by consent. The Government need to ensure that this kind of appalling episode can never happen again. Will the Government confirm that that is their objective in considering the findings and recommendations of the panel report, and that regular oral updates will be given to Parliament on how and to what timescale that objective is being delivered?

[Lord Paddick (LD) [V]]

My Lords, I commend the noble Baroness, Lady O’Loan, on her report and her patience. I apologise to the Morgan family for the way an organisation I was part of for over 30 years has conducted itself. The only points I wish to make are that this report chimes exactly with my professional and personal experience, that this report needs to be taken seriously, and that urgent action needs to be taken as a result. The Metropolitan Police puts its own reputation before openness, honesty and the pursuit of justice, and those who are telling the truth are ostracised and forced out.

Let me give noble Lords another example. In 2005, as a police officer holding the fourth highest rank in the Metropolitan Police, I gave evidence to the Independent Police Complaints Commission inquiry into whether the Metropolitan Police has misled the family of Jean Charles de Menezes after he was mistakenly shot and killed by the police following the London bombings. The then commissioner had told the media that both he and all those advising him believed for 24 hours after the shooting that Jean Charles de Menezes was a suicide bomber, when, in fact, five hours after the shooting, his closest advisers had told me that Jean Charles de Menezes was innocent. Noble Lords will recall the trial of the Metropolitan Police for health and safety breaches, where the Met digitally altered the image of the suspect it was pursuing to make it look more like de Menezes and claimed mistaken identity.

After an uneasy truce of about 18 months, I was side- lined from being in day-to-day charge of 20,000 officers to overseeing a project with 20 officers because the commissioner had lost confidence in me. He had done so because I told the truth. As a police inspector, I was told that I was too honest to be a senior police officer, and 20 years later I found out that that was true. That was the culture of the Metropolitan Police then, and this report tells us that it is the culture of the Metropolitan Police now. It highlights various types of corruption, including what it describes as “incontrovertibly corrupt behaviour”, such as selling stories to press contacts and planting false evidence.

Research that I saw when I was a serving police officer showed that when there were surges in recruitment, as there was 30 years after the end of the Second World War and again 30 years later, there were significant increases in misconduct in those cohorts of recruits, increasing in seriousness as they secured important investigative positions within the organisation. The usual peak for misconduct was between 10 to 15 years’ service. In the early 2000s the peak was between nought and two years’ service. The report is right to highlight vetting systems, but this is nothing new. Why have the Government not taken action to address this recurring problem in the police service?

The report also highlights what it describes as a form of institutional corruption, failings in police investigations, unjustified reassurances rather than candour and a culture of obfuscation. The panel describes hurdles placed in its path, such as a refusal to recognise the necessity to have access to the HOLMES computer database, limiting access to the most sensitive information and even failing to provide a copy of the London homicide manual. It set out how murder investigations should have been conducted at the time of Daniel Morgan’s murder, and its existence was not even revealed to the panel until December 2020.

The Metropolitan Police were able to claim repeatedly that the initial Daniel Morgan murder investigation was in accordance with the standards of investigation at the time by concealing the manual that proved that it was not investigated in accordance with the standards of investigation at that time. This is how the Metropolitan Police acts now, under its current leadership. This is not just about a few corrupt police officers who thwarted a murder investigation in 1987 or even the further corruption identified after a subsequent investigation; this is about a culture that enables corruption to thrive. The kind of institutional corruption identified in this report is not some kind of academic construct, an isolated incident of a few corrupt officers. It is the tip of an iceberg that threatens to undermine policing by consent in this country. That is a matter for the Government and the Home Secretary, and it must be urgently addressed.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

I again join the noble Lords, Lord Rosser and Lord Paddick, not only in paying tribute to the family of Daniel Morgan but in their appreciation of the work of the panel.

The noble Lord, Lord Rosser, asked when the Metropolitan Police Service will respond to the Home Secretary. The Home Secretary has undertaken to update the House by the end of the year, so the answer to his question is “swiftly”. The noble Lord, Lord Rosser, talked about the obstruction in obtaining documentation. On the production of documentation and the funding required to carry out the work of the panel, the Home Secretary feels that the money and resources were sufficient to carry out the investigation. To date, some £16 million has been spent on this investigation.

On the relationship with the Home Office, I do not think that it has been smooth sailing. The previous Home Secretary, my right honourable friend Theresa May, set up the inquiry and it was never the intention that the relationship with the Home Office should be difficult. The Home Office has tried to assist the panel in whatever way it can.

I do not have to hand the terms of reference for the inspectorate, but I assume that that they would have been set up for the precise reason of ensuring that there is a full inspection. On the point of the term “and others”, I presume that one of the “and others” is the IOPC. On the duty of candour to be taken forward, as I said earlier, the Home Secretary will want to speak to the family and to progress matters after that.

I was asked by the noble Lord, Lord Rosser, whether the Government will ensure that such a tragedy and miscarriage of justice never happen again and that the police cannot get away with impunity. I said earlier that Section 35 of the Inquiries Act 2005 makes it an offence to commit acts that are intended to have the effect of distorting, altering or preventing evidence being given to a statutory inquiry, although this was not a statutory inquiry, and I understand that. However, it is an offence intentionally to suppress, conceal or destroy a relevant document.

On recent measures, the noble Baroness, Lady O’Loan, talked about historic failings. The investigations may be historic, but police corruption is something that the Government have focused on. The introduction of the code of ethics in 2014 went some way towards correcting it, as did the establishment in 2015 of a specific criminal offence of police corruption. I recall, because I took the legislation through the House, that measures to ensure that officers cannot resign or retire to evade accountability were brought in in 2017, as well as a barred list to prevent dismissed officers rejoining policing.

There are also last year’s reforms to ensure that misconduct investigations are more transparent and swift. Much work has been done by national policing to tackle corruption, particularly through the national action plan on abuse of a position for a sexual purpose. I know that HMICFRS is currently undertaking a follow-up inspection of all forces’ counter-corruption and vetting capabilities and, as I may have said earlier, the Home Secretary has asked HMICFRS to ensure an urgent focus on the Metropolitan Police Service.