Lawfare and Investigative Journalism
Baroness Hodge of Barking Excerpts(2 years, 2 months ago)
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Mr Davis
I will come back to that very point in a moment, but as the hon. Gentleman implies, defending oneself against a libel claim, especially by an oligarch or other wealthy person, is often cripplingly expensive. In fact, it is typically cripplingly expensive. The risk is not losing the case, which is improbable in most of these cases. The penalty for exponents of free speech is the sheer cost of a vexatious process, which is what Nazarbayev wants.
Dame Margaret Hodge (Barking) (Lab)
I am grateful to the right hon. Gentleman for giving way and congratulate him on securing this debate and on making a fantastic speech. He has been a passionate and effective campaigner on the growing problem of egregious strategic lawsuits against public participation—SLAPPs—and has argued, along with the hon. Member for Isle of Wight (Bob Seely), for urgent action to stop these abuses.
I want to raise the case of Dmitry Leus, a UK resident of Russian-Turkmen origin, who is threatening libel action against Chatham House because of his inclusion in its excellent report, “The UK’s Kleptocracy Problem.” Leus was a Russian banker, convicted of money laundering in Russia in 2004, who arrived in the UK on a Cypriot passport. He has donated to the Conservative party and chaired his local Conservative association. He tried to donate £500,000 to the foundation of the then Prince Charles, but the donation was spurned when the charity learnt of his conviction. In July my right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne) said in this House that Leus is “absolutely dependent” on the Russian security services.
Mr Deputy Speaker (Mr Nigel Evans)
Order. This is an intervention so it will have to brief.
Dame Margaret Hodge
Yes, I will be very brief.
Since coming to Britain, Leus has tried to make us believe that his conviction was overturned, but this is untrue: it was struck off his records so that he could engage in business. After seven months of increasing demands, and due to the costs of defending the case—estimated at some £500,000 before trial—Chatham House has been forced to agree to his meritless claim and excise the report of all mentions of Mr Leus.
Does the right hon. Member for Haltemprice and Howden (Mr Davis) agree that this case appears to be yet another example of a powerful, wealthy Russian abusing the British legal system through lawfare to muzzle important research in the public interest?
Gareth Johnson
I am grateful to my hon. Friend for his intervention. This matter will be dealt with by legislation. I cannot promise him that it will be dealt with in the Economic Crime and Corporate Transparency Bill, but it will be dealt with through legislation. I hope the House will forgive me if I do not refer to the substance of the cases that have been raised in this debate, but I want to set out exactly what the Government intend to do. Our aim is to ensure that journalists operating in the UK are as safe as possible, reducing the number of attacks on, and threats issued to journalists, and ensuring that those responsible are brought to justice.
Dame Margaret Hodge
We all agree that legislation is necessary, but the problem is that if the Minister does not take advantage of the legislation that is before us, the Economic Crime and Corporate Transparency Bill, he will be arguing behind the scenes on getting time for legislation for years and years. The opportunity is there. The need is there. Please grasp the opportunity and table amendments to the existing Bill that is before the House.
Gareth Johnson
I hear what the right hon. Lady is saying. I cannot give her the commitment that we will place that within the Economic Crime and Corporate Transparency Bill. There are two schools of thought on whether it can be placed in another piece of legislation, and thereby limited by the long title of that Bill, or whether it is better off dealt with in isolation, so it has more of a free rein. I can inform her and the House that the legislation is still, at this stage, being drafted. As a consequence, it is not oven-ready to go straight into another piece of legislation that is before the House now.
Metropolitan Police: Stephen Port Murders Inquest
Baroness Hodge of Barking Excerpts(3 years ago)
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Dame Margaret Hodge (Barking) (Lab)
(Urgent Question:) To ask the Secretary of State for the Home Department, if she will make a statement on the Metropolitan Police and the inquest into the deaths of Anthony Walgate, Gabriel Kovari, Daniel Whitworth, and Jack Taylor.
The Minister for Crime and Policing (Kit Malthouse)
I am sure the thoughts of the whole House are with the families and friends of Anthony Walgate, Gabriel Kovari, Daniel Whitworth, and Jack Taylor. The stories we have all read, of their lives and terrible deaths, have moved and horrified the country.
The Government and the people we serve expect the highest standards from the police as they carry out their vital work protecting the public and investigating serious crimes. The conclusions of the inquest have shown that those standards were not met, and that investigative failures probably contributed to the deaths of three of the young men. The Metropolitan police has accepted as much. There are now serious questions for it to answer. It is profoundly important that the force takes responsibility for past failings and makes sure they are not repeated.
The primarily accountability body for the Met is the Mayor of London and the London Assembly, but the Metropolitan Police Service has assured us it is putting in place significant improvements, including: more and better trained investigators; new structures so that intelligence teams, specialists and officers on the ground can work more closely to identify and link crimes much earlier; and work to develop a greater understanding of the drug GHB and its use as a weapon in sexual assaults. It is also essential that the police build trust with all London’s communities and that includes LGBT+ community. I know that the Commissioner and her team are committed to doing so, at a time when the trust the public have in them has been seriously shaken by recent events.
It is, of course, right that the police handling of cases such as these is subject to independent scrutiny. Her Majesty’s inspectorate of constabulary and fire and rescue services has been asked by the deputy Mayor of London and the commissioner to conduct an inspection into the standard of the Metropolitan Police Service’s investigations, and the Independent Office for Police Conduct is now assessing whether to reopen, either in full or in part, the investigation into the way that the Metropolitan Police Service handled the inquiries into the deaths of these young men.
The police perform an enormously important function in our society. It is a job that, on the whole, they do with skill, courage and professionalism. Only last Thursday, I attended the police bravery awards and heard stories of selfless heroism, but when things go wrong, it is profoundly important that lessons are learned and applied. We will continue to hold the Metropolitan police service and the Mayor’s Office for Policing and Crime to account in making sure that the failures highlighted by these truly awful cases are addressed.
Dame Margaret Hodge
I am grateful to you, Mr Speaker. I have to say to the Minister that this happened in London, but it might and could have happened anywhere in the country, and therefore, it is a matter for him. The premature deaths of four young, gay men, who were robbed of their lives, is an unspeakable tragedy, especially because six years after it happened, it has now finally been publicly conceded that the deaths of three of them—Gabriel Kovari, Daniel Whitworth and Jack Taylor —could have been avoided if the police had properly investigated the killing of the first victim, Anthony Walgate.
The litany of police errors is simply horrific, including the refusal to check the murderer’s laptop because it was too expensive; the failure to engage appropriately with the partners and families; the failure to check the authenticity of a fake suicide note; the failure to check CCTV; and the incomprehensible failure to link the deaths when three of the bodies were found in or close to St Margaret’s churchyard in my constituency.
Does the Minister agree with the friends, partners and families that the Metropolitan police service is prejudiced and institutionally homophobic? Does he at the very least agree that, given the facts of the cases, homophobia must have been a factor that influenced the actions and inactions of the police? In these circumstances, will he please order a full public inquiry to examine whether there is institutional homophobia in the police service? Does he agree that such an inquiry is vital if the police are to gain the trust of the LGBTQ+ community? Does he further agree that the inquiry is also vital to ensure that such a tragedy never happens again?
Seventeen police officers were investigated by the IOPC in 2015. None was sacked and five have since been promoted. Is the Independent Office for Police Conduct fit for purpose? What action has the Minister taken to ensure that all police officers treat gay partners in the same way as they would any other partner, with appropriate respect and a proper duty of care? Action by the Home Office, the Metropolitan police and the Mayor is essential if the homophobia in our police service is to be properly and thoroughly investigated and addressed.
Kit Malthouse
I agree with the right hon. Lady that this was an unspeakable tragedy, which has moved all of us in its dreadfulness. I cannot imagine what those families have gone through, not least in living through the deaths of their loved ones, but also with the investigation and this dreadful but necessary process of an inquest and investigation thereafter.
Although there have obviously been shortcomings in this investigation, which the Met has admitted and on which it has expressed a profound desire to improve, it is not my experience that the Metropolitan police is institutionally homophobic. Obviously, however, the commissioner and the Mayor have commissioned Baroness Casey to look at the culture of the Metropolitan police in all its aspects following the awful killing of Sarah Everard. I understand that her work will include examining whether prejudice such as the right hon. Lady outlined exists in the force. It is definitely the case, as I think is recognised by City Hall and Metropolitan police leadership, that there is a job of work to be done to rebuild trust between that organisation and the people it serves in all their great tapestry in the capital that I had the honour to serve for eight years.
On the Independent Office for Police Conduct, as I said, it is considering whether to reopen, in full or in part, the investigations that it undertook in the light of any new evidence that may be presented as part of the inquest. As the right hon. Lady will know, there were recently reforms to the IOPC when it replaced the Independent Police Complaints Commission and there was a change in regulations last year to try to improve its performance. I have confidence in it as an organisation to try to get to the bottom of these often difficult and complicated issues. As I say, however, until we see whether it is going to reopen the investigations, I cannot comment on that further.
My reading of the apologies from senior Met officers is that they are very heartfelt—from Helen Ball, whom I know well and who is an officer of great commitment, and from Stuart Cundy, who leads on homicide for the National Police Chiefs’ Council across the country—and they recognise that there were serious failures in this case. I know that they are all committed to facing those failures and improving in future.
Guantanamo Civil Litigation Settlement
Baroness Hodge of Barking Excerpts(14 years, 1 month ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
With permission Mr Speaker, I would like to make a statement. On 6 July, the Prime Minister told the House that the legacy issues the Government had inherited around the treatment of detainees held by other countries needed to be addressed. Our reputation as a country that believes in human rights, justice, fairness and the rule of law otherwise risked being tarnished. There was also the risk of public confidence being eroded, with people doubting the ability of our security and intelligence agencies to protect us and questioning the rules under which they operate.
The Government are absolutely clear that national security and the protection of the rule of law go hand in hand. The Prime Minister has repeatedly made it clear that this coalition Government are unswerving in their opposition to torture or the ill-treatment of prisoners or detainees. We do not condone it, nor do we ask others to do it on our behalf.
We recognise that our longer-term security interests require that we defend our values and the rule of law, and that any allegations that threaten those must be treated seriously. In tackling the challenges posed by those serious allegations, the Government’s overriding objective is to ensure that the security and intelligence agencies can focus on their vital task of protecting the security and interests of the UK, and that the serious allegations that threaten their reputation and that of our country are examined properly. The security of this nation is the first concern of any Government. The security and intelligence agencies play an invaluable part in ensuring our security, and the Government are determined that they are free to do the vital job that we need them to do.
In his statement, the Prime Minister said that a single, authoritative inquiry was required to investigate the serious allegations of the Government’s complicity in the mistreatment of detainees held by other countries. The right honourable Sir Peter Gibson was appointed to head that independent inquiry. However, the Prime Minister also made it clear that the inquiry could not begin while related police investigations were ongoing and while so many of the Guantanamo civil law suits brought against the Government remained unresolved. To help to pave the way for the inquiry to begin, the Government committed to entering into a process of mediation with those held by the United States in detention in Guantanamo Bay who had brought civil actions against the Government.
I can today inform the House that the Government have now agreed a mediated settlement of the civil damages claims brought by detainees held at Guantanamo Bay. The details of that settlement have been made subject to a legally binding confidentiality agreement. They have been reported in confidence to the Chairman of the Intelligence and Security Committee of the House, to the National Audit Office, and, I think, to the Chair of the Public Accounts Committee.
Mr Clarke
Ah. No.
No admissions of culpability have been made in settling those cases and nor have any of the claimants withdrawn their allegations. This is a mediated settlement. Confidentiality is a very common feature of mediation processes, as in this case. Confidentiality was agreed by both parties, subject to the necessary parliamentary accountability and legal requirements. I hope that the House will understand that I am unable to comment further on the details of the settlement without breaching that confidentiality with the claimants.
The alternative to any payments made was protracted and extremely expensive litigation in an uncertain legal environment in which the Government could not be certain that we would be able to defend Departments and the security and intelligence agencies without compromising national security. The cost was estimated at approximately £30 million to £50 million over three to five years of litigation. In our view, there could have been no Gibson inquiry until that ligation was resolved.
The Government will make a further statement to the House when the relevant police processes have been completed and the inquiry is in a position to begin its work. The mediated settlement actually represents a significant step forward in delivering the Government’s plan for a resolution of those issues in the interests of both justice and national security. The settlement has the support of the heads of the Security Service, the Secret Intelligence Service and the Whitehall Departments involved. The Security Service and the SIS are issuing a public statement to that effect today.
In his statement, the Prime Minister also announced plans for a Green Paper on the use of intelligence in judicial proceedings, which we hope to publish in the summer of 2011. It will examine mechanisms for the protection and disclosure of sensitive information in the full range of civil proceedings, inquests and inquiries. We will also consider complementary options to modernise and reform existing standing intelligence oversight mechanisms. The Government are engaging with relevant parliamentary bodies, key stakeholders and our international partners in developing these proposals further. Today’s announcement is a very important step forward, and we are closer now to getting the important Gibson inquiry into all these allegations finally under way.