Counter-terrorism and Security Bill
Baroness May of Maidenhead Excerpts(10 years, 5 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I beg to move, that this House agrees with Lords amendment 1.
Mr Deputy Speaker
With this it will be convenient to take Lords amendments 2 to 39.
Mrs May
On the day the Counter-Terrorism and Security Bill was last considered by this House, news of the appalling events in Paris and the brutal murders at the office of Charlie Hebdo were still unfolding. What followed was a two-day manhunt for those responsible, a horrific attack on a Jewish supermarket and further murders of innocent people. Those attacks were yet another reminder of the very grave threat we face from terrorism, a threat that we have discussed in this House on many occasions. I am certain that everyone in this House is committed to ensuring that the police, MI5 and others have the powers and capabilities they need to keep the public safe. That is why we brought forward the Bill and sought its swift progress through Parliament.
Since the Bill was sent to another place, it has been the subject of robust scrutiny. A number of substantial amendments have been made to ensure that these new powers will deliver the optimum capability for our agencies, and to reassure the public that they will be used appropriately and proportionately. They were all Government amendments, which were broadly welcomed by their lordships, and I hope and expect that they will find similar favour in this House. I will now turn to the amendments themselves.
Two amendments were tabled by the Government to part 1 chapter 1 of the Bill, which concerns the temporary seizure of travel documents from individuals reasonably suspected of wishing to travel overseas to engage in terrorism-related activity. Amendments 1 and 2 make provision for civil legal aid to be made available where appropriate at the hearings of applications in England, Wales and Northern Ireland to extend the 14-day time period in which an individual’s travel documents may be retained. This is an issue in which the Joint Committee on Human Rights took considerable interest. Legal aid is already available for judicial review proceedings in England and Wales, and in Northern Ireland, subject to individuals’ meeting the statutory means and merits tests.
Turning to temporary exclusion, as I have made clear to this House at earlier stages, the Government are absolutely committed to the appropriate and proportionate use of this power. As my hon. Friend the Minister for Security and Immigration indicated on Report, we carefully considered the constructive suggestions from David Anderson, the independent reviewer of terrorism legislation, on the matter of judicial oversight, and following that consideration, we tabled amendments to introduce oversight of the power in line with his recommendations. Specifically, the amendments propose the creation of a permission stage, before the imposition of a temporary exclusion order, and a statutory judicial review mechanism to consider the imposition of the order and any specific in-country requirements.
Pete Wishart (Perth and North Perthshire) (SNP)
I thank the Secretary of State for giving way so early, but is not consideration of these issues the job of elected Members—those who bothered to go to the electorate—not that affront to democracy down the corridor whose Members have taken it upon themselves to form Government business?
Mrs May
The very reason we are debating the amendments is that the House has an opportunity to consider them, so the hon. Gentleman’s argument is completely false.
During the permission stage, the court would have the power to refuse permission for the order where prior permission was being sought, and in retrospective review cases, it would have the power to quash the order. During the statutory judicial review, the court would have the power not only to consider in detail and quash the specific in-country requirements placed on an individual, but to consider whether the relevant conditions for imposing the temporary exclusion order were and continued to be met. It could quash the whole order or direct that the Secretary of State revoke it. The amendments will ensure effective judicial scrutiny of the power, and I trust they provide sufficient reassurance to the House on this important issue.
Mr Dominic Grieve (Beaconsfield) (Con)
That does provide me with the reassurance I sought at an earlier stage, and I am grateful to my right hon. Friend for having listened carefully to the representations made here and in another place. They are most welcome and I believe will add considerably to the Bill’s legitimacy.
Richard Fuller (Bedford) (Con)
Alas, I am not quite at the same stage of happy reassurance as my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve). Will my right hon. Friend reassure me that the additional judicial step will not mean that, in the time we understand it will take for a return to be made, people can get back into the country while legal proceedings are ongoing? The purpose was to say to those with a family member subject to terrorist infiltration that if they went abroad it would be a one-way ticket. My concern is that this additional legal step might stop that in some cases.
Mrs May
As my hon. Friend will recall, we have retained the initial decision by the Secretary of State, but, as with the legal process for terrorism prevention and investigation measures, it would then be for the court to consider whether it was right for the Secretary of State to have taken that decision. That process would be followed and then the order would be served, so I do not think that the timing issue, which he is concerned about, would arise.
Jeremy Corbyn (Islington North) (Lab)
If the person against whom the order is sought is outside UK jurisdiction, how would they appeal and what recompense would there be if the appeal is successful and the conviction quashed?
Mrs May
The whole point is that such people will be outside the country. The aim of a temporary exclusion order is to ensure that when they return to the UK, they do so on our terms, which is why their passport would not be available to them and they would have to be issued with temporary travel documents. As I indicated to my hon. Friend the Member for Bedford (Richard Fuller), the process of judicial oversight would have to be followed before the order is placed on the individual. As I said, these are important additions to the Bill reflecting the concerns expressed by right hon. and hon. Members at an earlier stage.
I now come to amendments 10 and 11, the aviation, shipping and rail security amendments, which provide for direct parliamentary scrutiny of an authority-to-carry or no-fly scheme made or revised by the Secretary of State. Any such scheme would be subject to the affirmative procedure. These amendments act on a recommendation made by the Delegated Powers and Regulatory Reform Committee.
Amendments 28 and 29 bring the aviation security powers in the relevant schedule into force on Royal Assent rather than at a later date by order. This includes strengthened powers to request information from the aviation industry and issue security directions, with a penalty regime to enforce them. The threat to aviation from terrorist groups is well documented and continues to evolve. We already work closely with foreign Governments and airlines, as well as UK operators, to make sure that the necessary security measures are in place and are being implemented effectively. These measures will enhance our ability to do so. I therefore hope the House will agree that it is right for these strengthened powers to be available at the earliest opportunity.
There was an extensive debate in the other place on the Prevent duty set out in chapter 1 of part 5. Most notably, debate took place on the potential impact on freedom of speech and academic freedom in universities. The Government listened to those concerns, and amendment 16 ensures that further and higher education institutions must, when carrying out the Prevent duty, have particular regard to the duty contained in section 43(1) of Education (No. 2) Act 1986 to secure freedom of speech.
Mr David Heath (Somerton and Frome) (LD)
I hope to say a few words on this subject later if I get the opportunity to do so, but will the Home Secretary tell me whether subsection (3) of the new clause proposed by amendment 16, which applies the duty to ensure freedom of speech and academic freedom to the Secretary of State herself in drawing up the guidance, will have a material effect on the draft guidance she has already issued?
Mrs May
As my hon. Friend knows, the draft guidance has been subject to consultation. We received a significant number of responses to the draft guidance, and we are going through those responses in order to make changes as appropriate. The point of building this directly into the Bill is that it makes it very clear to those exercising this duty that we are introducing for universities under Prevent that they must have “particular regard”, as it says, to the issues of freedom of speech and academic freedom. This makes it absolutely clear that the Prevent duty is not overriding, to put it that way, the academic freedom that we all accept our universities should have.
Robert Neill (Bromley and Chislehurst) (Con)
Can the Home Secretary assure me that when she considers the responses to the consultation, the final document will be so cast that it does not, albeit inadvertently, impede the work of genuine, benign and well-intentioned student bodies such as Christian unions and other groups that are active within our universities?
Nicola Blackwood (Oxford West and Abingdon) (Con)
The Home Secretary is generous in giving way on this point. I am sure she can understand the concerns raised locally with me, a university MP, and I welcome the renewed emphasis on freedom of speech and on the stronger scrutiny for Parliament in amendment 16. Can she assure me that the guidance will be sufficiently clear for universities to have no uncertainty about their responsibilities under the new legislation?
Mrs May
I thank my hon. Friend for giving me an opportunity to make it absolutely clear that we intend the guidance to be clear. We have produced the guidance for consultation; as I said, we are considering the responses to it; and we are looking at areas where we need to clarify the guidance. It is important for universities, notwithstanding academic freedom and the need to secure freedom of speech, also to recognise the duty of care they have to students. That is why I believe it absolutely right for universities to be within this legislation and within the Prevent duty that is being put into statute. We will, of course, make the guidance clear, so that universities can operate appropriately.
Mark Field (Cities of London and Westminster) (Con)
I very much agree with my right hon. Friend’s view on the issue of freedom of speech. Vice-chancellors and others who are in control of our universities are worried about their ongoing duties, so can we ensure that the guidance will not fall into place and further duties will not be placed on our universities until such time as the clarity of the guidance is manifest, even if that means waiting for a further academic year?
Mrs May
There is a reason why we are putting the Prevent duty on a statutory basis, and there is a reason why the Bill has gone through Parliament slightly more quickly than would normally be the case. We have made it clear that we have issued guidance for consultation, and that we will respond to the consultation and revise the guidance. We have also made it clear, in the amendments, the particular regard that universities must have to freedom of speech and academic freedom. However, as I have said, I think that universities must also recognise their duty of care to students. I hope that, if students are being radicalised on their campuses, universities will get to know about it and take some action.
Mrs May
I have been very generous in giving way, and I should now like to make a little more progress. Let me simply say to my hon. Friend the Member for Cities of London and Westminster (Mark Field) that the duty is that which is in the legislation, and that the guidance will be revised in accordance with our response to the consultation. The Secretary of State will also be required to have particular regard to freedom of speech and academic freedom when issuing guidance, or when giving a direction to an educational body that has failed to discharge the duty.
Lords amendment 17 allows the Secretary of State to nominate suitable monitoring authorities for further and higher education institutions, and obliges relevant bodies to provide them with such information as they require, including information about the steps being taken to improve performance. We fully expect institutions to co-operate with the authorities, but there may be rare cases in which institutions do not co-operate. Lords amendment 18 provides for the Secretary of State to give directions to relevant further and higher education bodies when they have failed to supply information, and the Secretary of State can, if necessary, seek a mandatory order from the court to enforce any such directions. Lords amendments 14 and 15 provide that the guidance underpinning the duty will be subject to the affirmative procedure, which will ensure further scrutiny of it before it takes effect.
There are a number of more minor amendments to this part of the Bill and the corresponding schedules. Lords amendments 12 and 13 would ensure that, if further bodies are made subject to the Prevent duty in the future, there will be greater flexibility to make it possible to focus on particular functions of the authorities, while Lords amendment 19 makes it clear that functions exercised outside Great Britain are not subject to the duty. Lords amendments 34 to 39 tidy up entries in the schedules listing the Prevent specified authorities and the Channel panel partners. Lords amendments 26 and 30 allow the Government to amend those schedules by order at any time after Royal Assent, subject to Parliament’s approval of the changes.
The amendments to part 7 relate to the remit of the independent reviewer of terrorism legislation and his relationship with the proposed privacy and civil liberties board. They reflect the extensive debate that has taken place in both Houses, and the views that have been expressed by David Anderson QC. Lords amendments 21, 22, 25 and 27 make changes to the statutory remit of the independent reviewer to include areas of counter-terrorism legislation that are currently not subject to independent oversight. They also allow for a greater degree of flexibility in the reporting arrangements relating to the Acts that are within his purview. Lords amendments 23 and 24 make it clear that the independent reviewer will chair the privacy and civil liberties board, which in turn will operate under his direction and control.
Dr Matthew Offord (Hendon) (Con)
I have received several e-mails from constituents who are worried about the speed with which the Bill will be implemented. The Home Secretary has allayed some of my fears, which will enable me to support the Bill, but will she tell us more about the policy and civil liberties board, and about when it will come into effect?
Mrs May
I will say a little more about the board later in my speech, but I can tell my hon. Friend that, as certain matters will have to be dealt with, it will not come into effect in the immediate future. As for the amount of time that has been given to the Bill, it has indeed had a faster track through Parliament than a normal Bill, with the agreement of the Opposition. There has, however, been considerable debate both in the House of Commons—and the Committee stage was taken on the Floor of the House—and in another place. Yesterday, during the final debate in another place, a number of their lordships expressed their gratitude for the amount of time that had been made available and the amount of scrutiny that had taken place. So I think there has been sufficient scrutiny.
Julian Smith (Skipton and Ripon) (Con)
On the point of people’s concerns about privacy, we now have a Select Committee, which has done a detailed report on Lee Rigby and has shown it is scrutinising Parliament and the intelligence services, and we now have the civil liberties board. We have tremendous oversight in this country, and is it not now time that we say we have got good control of our intelligence services and we need to let them get on and do the job?
Mrs May
My hon. Friend makes an important point. Our country has one of the strictest legal structures for dealing with these kinds of matters. We also have significant oversight through the role of the various commissioners and the independent reviewer of terrorism legislation and through the enhanced capabilities of Parliament’s Intelligence and Security Committee, which has, through its Woolwich report, shown how it can use those powers to scrutinise in detail what has taken place and report to the public. Our intelligence agencies do a very good job for us every day of the week, and we need to ensure they can carry on doing that job with appropriate oversight, which I think we have in place.
On the privacy and civil liberties board, as I said in response to my hon. Friend the Member for Hendon (Dr Offord), there is further work to be done because we have to consider the responses to the recent consultation on it before bringing forward regulations to establish the board, but I trust the amendments we have made will reassure the House about the Government’s approach to these important issues.
The range and significant nature of these amendments demonstrates the approach that the Government have taken on this Bill. With the support of the official Opposition, we have agreed a timetable to ensure that it will be enacted at the earliest opportunity, but we have also ensured that our proposals have been subjected to robust analysis, and we have listened to the full range of views from all sides of both Houses. The Bill has certainly benefited from that scrutiny.
I welcome the fact that these measures have broad cross-party support, and I am grateful to all hon. Members, and particularly the Opposition Front Bench, for the constructive approach that they have taken throughout our consideration of this Bill.
As I have made clear previously, we are in the middle of a generational struggle against a deadly terrorist ideology. The first duty of Government is to keep the people of Britain safe and this Bill will help us to do so. The amendments made in the Lords will improve the provisions, and strike the right balance between our rights to privacy and security. I invite the House to agree them, so that we can enact this legislation without any further delay.
Mr David Hanson (Delyn) (Lab)
We, too, welcome the Lords amendments. The Home Secretary was right to commence her remarks by reminding the House of the events in Paris and the ever-present threat of terrorist activity on these shores. It is for that reason that we took a constructive approach to the Bill; we believe there is a threat, and it needs to be effectively managed, and we in Her Majesty’s Opposition give the Home Secretary the support she needs for the work of the police, MI5 and others, which she has sought to give extra powers to in this Bill.
We are also keen to respond to the positive comments made last year by David Anderson, the reviewer of terrorism of legislation. We are grateful that the Home Secretary has listened to the comments made by Mr Anderson, and indeed by the other place.
The Bill was introduced into this House at the end of November. There was no pre-legislative scrutiny or public consultation on most of its provisions and it finished its Commons stages on 7 January. I understand why the Home Secretary has moved quickly on these matters, but the fact that 39 amendments were made in another place and have come to this Chamber shows that some serious issues have had to be reflected on during the passage of the Bill.
We welcome the thrust of the amendments made by the Government, because they are a series of concessions to points made not only in another place—I take the point made by the hon. Member for Perth and North Perthshire (Pete Wishart) about that—but in this House.
Mrs May
Perhaps I can give my hon. Friend a little further reassurance. My noble Friend Lord Bates made it clear in the other place that we would be amending the guidance, and I have made that clear, too. This issue of speakers providing two weeks’ notice of what they are going to say is precisely something that we will clarify as not necessary.
Independent Chief Inspector of Borders and Immigration
Baroness May of Maidenhead Excerpts(10 years, 5 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I am pleased to announce Mr David Bolt’s appointment as the independent chief inspector of borders and immigration. The appointment has been made in accordance with the UK Borders Act 2007 following a fair and open competition. The appointment will be for a fixed term of two years. Mr Bolt will take up post as soon as possible.
David Bolt is currently chief executive of the International Federation of Spirits Producers, an organisation whose purpose is to combat the counterfeiting of its members’ distilled spirits. Between 2006 and 2010 he was executive director of intelligence at the Serious Organised Crime Agency with responsibility for knowledge management, tasking and co-ordination and covert collection. He was deputy director-general at the National Criminal Intelligence Service between 2001 and 2006 with responsibility for the corporate governance division.
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Immigration Detention
Baroness May of Maidenhead Excerpts(10 years, 5 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I have today commissioned an independent review into the Home Office policies and operating procedures that have an impact on immigration detainee welfare. Immigration detention plays a key role in helping to secure our borders and in maintaining effective immigration control.
The Government believe that those with no right to be in the UK should return to their home country and we will help those who wish to leave voluntarily. However, when people refuse to do so, we will seek to enforce their removal, which may involve detaining people for a period of time. But the wellbeing of those in our care is always a high priority and we are committed to treating all detainees with dignity and respect.
I want to ensure that the health and wellbeing of all those detained is safeguarded. Following the work I commissioned into the welfare of people with mental health difficulties in police custody, I believe it is necessary to undertake a comprehensive review of our policies and operating procedures to better understand the impact of detention on the welfare of those in immigration detention. The purpose of this wider-ranging review is to consider the appropriateness, and application, of current policies and practices concerning the health and wellbeing of vulnerable people in immigration detention, and those being escorted in the UK. I am committed to considering any emerging findings made by the review and to taking action where appropriate.
I have asked Stephen Shaw CBE, the former Prisons and Probation Ombudsman for England and Wales, and a widely respected expert in this field, to lead the review. The terms of reference can be found on the Home Office website and copies will be placed in the Libraries of both Houses.
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Oral Answers to Questions
Baroness May of Maidenhead Excerpts(10 years, 5 months ago)
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Stephen Metcalfe (South Basildon and East Thurrock) (Con)
1. What steps she has taken to reduce administrative burdens on the police.
The Secretary of State for the Home Department (Mrs Theresa May)
We have cut red tape and freed the police from central Government control to enable them to focus on their clear goal, which is to cut crime. The work we have undertaken to reduce bureaucracy could see up to 4.5 million hours of police time saved across all forces every year—the equivalent of more than 2,100 officers back on the beat.
Stephen Metcalfe
May I put on record my thanks to police officers across Basildon and Thurrock for all their hard work in keeping our community safe? Does this Government’s record show that when it comes to vital services such as the police, with true reform it is possible to do more with less?
Mrs May
My hon. Friend makes a good point. The reforms we have put in place are working, and crime is down overall by more than a fifth since the last election. I join him in saying that work to cut crime is being carried out by police officers and staff day in, day out, and I pay tribute to police officers in Basildon and Thurrock and across the country for that work.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Did the Home Secretary listen this morning to the senior police officer from Essex who said that such are the cut backs to the police that he cannot cope in many areas of his responsibilities, including looking after the roads and keeping them safe despite a growing number of casualties?
Mrs May
Comments about changes to police budgets and the impact that they will have on crime have been made over the past four years—in fact, in 2010 the shadow Home Secretary said that cutting back police budgets would inexorably lead to a rise in crime. That was the implication she gave, and I remind the hon. Gentleman that crime has fallen by more than a fifth since the last general election.
Maria Miller (Basingstoke) (Con)
21. My local police in Basingstoke have kept crime down even with the pressure on resources because they can determine how officers are deployed. Does the Home Secretary have plans to introduce any new targets that might take our officers away from those locally determined priorities?
Mrs May
No. My right hon. Friend is right, and in Hampshire since 2010, recorded crime has fallen by 26%—one of the highest falls across the country. I have no plans to reintroduce the previous Government’s targets, which meant that central Government were trying to tell the police what to do at local level, rather than allowing them to determine what suited their local areas and respond to the needs of local people.
Andrew Gwynne (Denton and Reddish) (Lab)
The Home Secretary talks about freeing up police time, but is she aware of the barmy decision by Greater Manchester police to close Reddish police station and ensure that neighbourhood policing teams for Reddish have to parade on at the central Stockport police station? Far from freeing up police time to go on the beat in north and south Reddish, having to travel from the centre of Stockport to their beats is tying up the police. Is that not barmy and what will she do about it?
Jack Dromey (Birmingham, Erdington) (Lab)
Rather than reduce unnecessary bureaucracy and make sensible savings, the Home Secretary has chosen to inflict the biggest cuts to our police service of any country in Europe. Government figures out today show a sharp dip of 23% in the number of traffic police, and an increase in road deaths, including a 6% increase for children. Does she accept that she is letting the motorist down, and that under her tenure our roads are now less safe?
Bob Blackman (Harrow East) (Con)
2. What steps she has taken to improve the police response to drug crime.
Mr Simon Burns (Chelmsford) (Con)
7. What further steps she is taking to protect the UK from terrorism in response to recent attacks in Paris.
The Secretary of State for the Home Department (Mrs Theresa May)
The first responsibility of government is to protect its citizens. We are committed to providing a strong, effective and appropriate security response to any terrorist threats to the UK. Since the shocking events in Paris, we have reviewed our security arrangements, stepped up protective security measures, including increasing patrols for vulnerable communities and sites to ensure effective security and safety. The police are confident that they remain flexible and able to respond to any increases in threat to protect all communities.
Mr Burns
Does the Home Secretary share my view that the Counter-Terrorism and Security Bill is a crucial element in the Government’s strategy to reduce the threat of attacks within the United Kingdom, as well as tackling the terrible problem of people leaving this country to take part in terrorist acts abroad?
Mrs May
My right hon. Friend is absolutely correct. The Counter-Terrorism and Security Bill enhances our ability to deal with people across a range of aspects of the terrorist threat, enabling us temporarily to remove passports from people who are leaving the United Kingdom where it is thought they will be going to join terrorist groups to fight and potentially to train, while also taking action to ensure that those coming back who are a matter of concern will be able to come back only on our terms.
Keith Vaz (Leicester East) (Lab)
In her evidence in Parliament last week, Sally Evans, the mother of a convert, Thomas Evans, who is now fighting for al-Shabaab in Somalia, said she had received no support from the authorities in dealing with his fateful decision. Both she and her other son, Michael, have been traumatised by what has happened. Does the Home Secretary agree that we need to give more support to families such as the Evanses—but not just because it is the right thing to do, as it could also provide us with valuable information to prevent other young men from being radicalised in the way that Thomas Evans has been radicalised?
Mrs May
The right hon. Gentleman is absolutely right that many families up and down the country can find that a family member has gone to fight, whether it be in Syria or Iraq, possibly with ISIL or the al-Nusra front, or to al-Shabaab in the case he outlined. I pay tribute to the families that have spoken out about their experience and are using it to try to help ensure that more young people do not go to fight with terrorist groups as their family members have. It is also important to give support to families that go through this trauma, as it can often tear families apart.
Rehman Chishti (Gillingham and Rainham) (Con)
22. On tackling extremism and terrorism, will the Government work according to the 2013 report on tackling extremism, which emphasised the need for freedom of expression and respect for faiths? If that is the case, does the Home Secretary agree that we need to be careful not to mock people’s faith, as this can lead to intolerance and play into the hands of extremists and terrorists?
Mrs May
I agree. Freedom of expression and speech is a fundamental British value, but if taken advantage of by extremists, it can cause fear and set communities against each other. It is absolutely right that we expect people to respect each other’s faiths. There are people of many faiths in this country, and we want to see respect for those different faiths. That is crucial. I think that we should speak out for our values against those who would sow the seeds of hatred, intolerance and prejudice.
Pete Wishart (Perth and North Perthshire) (SNP)
Surely the best response to the events in Paris is a considered, proportionate response. We must do nothing that would further compromise our civil liberties or the freedoms that we enjoy in this democracy. Will the Home Secretary listen to the many voices that have expressed concern about her counter-terrorism Bill, and ensure that that we do nothing—nothing at all—to question further the civil liberties that we enjoy in this country?
Mrs May
The hon. Gentleman is right in saying that we wish to protect our civil liberties—the very freedoms that make our society what it is—and that we should respond proportionately to attacks when they happen, which is exactly what we do. I should point out to him, however, that the Counter-Terrorism and Security Bill was going through the House before the Paris attacks. It was introduced in response to the rising number of people who have been going to fight in Syria in particular, who may be training out there or fighting and then coming back, wishing to do us harm. I believe that the Bill contains important powers, but that those powers constitute a proportionate response to the threat that we face.
Kate Green (Stretford and Urmston) (Lab)
Since the appalling attacks in Paris, my Muslim constituents have been talking to me about the climate of suspicion and hostility in which some of them feel they are living. We also know that Jewish communities are feeling more victimised and fearful of anti-Semitic attacks. What can the Government do to promote and strengthen relationships among our many very valued communities? Of course the deradicalisation and Prevent programmes are important, but there is a very important positive programme to be promoted as well.
Mrs May
The hon. Lady is absolutely right. It is important to promote that interfaith working, and the relationships between different communities. The Department for Communities and Local Government has undertaken a number of activities with the aim of doing exactly that: encouraging respect for different faiths and between communities, and a greater understanding between communities. That is very important work.
Diana Johnson (Kingston upon Hull North) (Lab)
The Home Secretary cut spending on community Prevent projects from £17.4 million to £1 million. She cut the number of areas delivering Prevent from 92 to 21, and in one year just four local authorities received funding for Prevent projects. At the same time, the Department for Communities and Local Government has funded just eight local integration projects, none of which is aimed at Islamic fundamentalism. Will the Home Secretary explain why local Prevent and integration projects have been so neglected under this Government?
Mrs May
I must tell the hon. Lady that her analysis is wrong. This Government did make a difference to the Prevent programme when they came to office. We observed that, all too often, people were seeing the Labour Government’s integration work under Prevent through the prism of the Government’s spying on them, and of counter-terrorism, so we changed the way in which Prevent operated. The Home Office has not cut its funding for Prevent, and I am pleased to say that Prevent programmes have reached more than 50,000 people in this country.
Sir David Amess (Southend West) (Con)
8. What steps her Department is taking to tackle identity crime.
Fiona Mactaggart (Slough) (Lab)
11. What recent discussions she has had with police and crime commissioners on the priority they give to prosecuting and preventing human trafficking and modern slavery; and if she will make a statement.
The Secretary of State for the Home Department (Mrs Theresa May)
My ministerial team and I engage regularly with PCCs on a range of issues. Most recently PCCs attended the international crime and policing conference which I hosted in January, and at that event the new designate independent anti-slavery commissioner, Kevin Highland, gave a keynote address about the importance of tackling modern slavery. I am committed to working with PCCs to ensure that the police remain focused on this terrible crime.
Fiona Mactaggart
How many PCCs have made tackling modern slavery and human trafficking a strategic priority for their force?
Mrs May
PCCs have made a range of issues a strategic priority for their forces, as the hon. Lady will know. We are clear that the impetus for dealing with modern slavery is coming from the Government and that it is a priority for the National Crime Agency. Police and crime commissioners will of course set what they believe to be the most appropriate strategic priorities for their areas. I am interested that the hon. Lady wants PCCs to be interested in this matter, because her party wants to abolish them, and if that were to happen, they could take no interest in it whatever.
Julian Smith (Skipton and Ripon) (Con)
12. What progress she has made on ensuring that the Security Service is adequately equipped to tackle terrorism.
Mark Pawsey (Rugby) (Con)
16. What steps her Department has taken to ensure that lessons are learnt from recent child sex abuse cases in Rotherham and elsewhere.
The Secretary of State for the Home Department (Mrs Theresa May)
I have been absolutely clear that what happened in Rotherham was a complete dereliction of duty. We have taken immediate action to protect children in Rotherham, and the Secretary of State for Communities and Local Government has announced his intention to exercise his powers to intervene. I have been chairing a series of meetings with Secretary of State colleagues to consider the failures identified in Rotherham and the action we will take to address those issues at a national level. I will publish a report on the outcome of those meetings shortly.
Mark Pawsey
In her important and shocking report on what was going on in Rotherham, Professor Alexis Jay spoke about the need to establish teams involving children’s services and education and local authorities, as well as the police. Will the Home Secretary update us on some of the proposals that will be coming forward from the cross-government meetings of Ministers?
Mrs May
I am grateful to my hon. Friend for that. I am sure he will understand when I say that I cannot go into too much detail at this stage, but the Secretaries of State meetings have brought the Secretary of State for Communities and Local Government, the Secretary of State for Education, the Justice Secretary, the Health Secretary, the Attorney-General and others together to look at what is a necessary cross-government approach on these issues. We have been focusing on the issues that Professor Jay highlighted in her report: the failure of local leadership; the culture of inaction and denial in the police and the local council; the failure of local agencies to work together to protect children; and the lack of support for victims. It is exactly in those areas that we will be looking at proposals and bringing those forward shortly.
Stuart Andrew (Pudsey) (Con)
“Look North” reported this morning that charities such as Barnardo’s are reporting unprecedented demand following these high-profile scandals, which is putting a real strain on them financially. Is there any help the Government can give such charities in tackling this very important issue?
Mrs May
My hon. Friend raises an important point. Of course, this has not just arisen in relation to what has happened in Rotherham; we have also seen, as a result of the child sexual abuse inquiry that I have announced, larger numbers of people coming forward to a number of organisations dealing with child sexual abuse and child sexual exploitation. The Government announced before Christmas that £7 million was being made available for a number of types of organisation dealing with these issues, and that process is now open for bids to be received.
Mr Andrew Turner (Isle of Wight) (Con)
17. What assessment she has made of the likelihood of terrorist attacks in rural areas of the UK.
Grahame M. Morris (Easington) (Lab)
T1. If she will make a statement on her departmental responsibilities.
The Secretary of State for the Home Department (Mrs Theresa May)
The Government take the welfare of vulnerable people in the state’s care extremely seriously. Last week, I was glad to see the Home Affairs Committee support our steps to reduce the use of police cells as a place of safety for people with mental health problems. Our reforms helped cut the use of police cells by 22% last year, and Her Majesty’s inspectorate of constabulary is currently conducting an inspection of the welfare of vulnerable people in custody, which will report shortly.
But the state’s care extends beyond police custody, which is why I have today announced an independent review of the welfare of those in immigration detention to identify whether improvements can be made to safeguard the health and well-being of detainees held in immigration removal centres and short-term holding facilities and those being escorted in the UK. Detention is a vital tool, but the well-being of those in our care is always a high priority and we are committed to treating all detainees with dignity and respect.
Finally, concerns have been raised about the exploitation of domestic workers from overseas. I therefore announce an independent review of the visa arrangements for overseas domestic workers, which will be carried out by the barrister, James Ewins, who is an expert in modern slavery issues.
Grahame M. Morris
I thank the Home Secretary for her reply. May I draw her attention to the reply that was given a few moments ago to my hon. Friend the Member for Bolton West (Julie Hilling) in relation to internet-based crime and to the increase in telephone-based crime? In particular, I am talking about those who target elderly and vulnerable people and offer to stop nuisance calls, when in fact they are involved in a scam in which they extort large sums of money in fees and charges. Are the Home Office or the police service running any initiatives to counter that particular problem?
Mrs May
The hon. Gentleman is right to raise the concerns that many people have about that type of crime. I am pleased to say that we have taken action on cybercrime, and we have set up the national cyber crime unit in the National Crime Agency. Both actions were taken by this Government. The unit has already had some success in looking at those crimes, particularly the ones that involve defrauding elderly people who are taking calls and responding to them. We have seen some success, but of course this is an area in which we clearly have more to do.
Mr Andrew Turner (Isle of Wight) (Con)
T2. May I take this opportunity to welcome the Government’s Serious Crime Bill? Among other measures, it will improve the safety of my constituents on the Isle of Wight and in other coastal communities by giving police and others the powers they need to really go after the Mr Bigs and organised crime gangs, including those that import illegal drugs?
Mrs May
I have to say to the right hon. Lady that throughout our time in government we have protected CT police funding. She might have missed it, but late last year the Prime Minister announced that £130 million of extra money was being made available to the agencies and police to deal with terrorism.
Yvette Cooper
But Peter Clarke is warning about the impact on neighbourhood policing. The Home Secretary will know that online crime is going through the roof and 999 delays have gone up. The terrorist threat has increased, neighbourhood policing is being decimated, and there are fewer traffic police enforcing the rules and more deaths on the roads. On child abuse, in particular, there has been a 33% increase in the number of cases reported to the police, an 11% reduction in the number of cases passed for prosecution and year-long delays in dealing with online cases because the police and NCA do not have the resources and capacity to do the job. Let me ask her again: is this the right time to cut 16,000 police officers? Yes or no?
Mrs May
First, on neighbourhood policing, it is absolutely clear from Her Majesty’s inspectorate of constabulary that forces can successfully manage to balance their books while protecting the front line and delivering reductions in crime. I remind the right hon. Lady once again that there has been a fall in crime of more than a fifth under this Government. The Labour party needs to get its story straight. On the one hand, the right hon. Lady stands up in this House and claims that more resources should be going into the police while, on the other, the shadow Chancellor, whom I think she might know, makes it very clear that under a Labour Government there would continue to be cuts.
Mr Henry Bellingham (North West Norfolk) (Con)
T3. Will the Home Secretary remind the shadow Home Secretary that without a strong economy we cannot have strong policing?
Andrew Gwynne (Denton and Reddish) (Lab)
T4. I suspected earlier that the Home Secretary would seek to blame somebody else for her cuts, but she is responsible for a reduction in Greater Manchester police’s budget of £134 million with a further £157 million to come out in the next three years. Will she acknowledge that it does not free up police time for officers to parade in one part of the division only to have to travel to another part of the division for their beat? Or is it that her mantra of freeing up police time is precisely what I suspect it is—bluster?
Jeremy Corbyn (Islington North) (Lab)
In 2010 the House passed the Equality Act, which required the Department to undertake research into discrimination by caste and descent in the UK. Such discrimination has been proved by the research, but no regulation has yet been introduced and, as I understand it, the Department is consulting for a further two years or more in order to avoid placing regulations before the House. Will the Home Secretary give an undertaking that those regulations will be brought forward to outlaw this form of discrimination in this country?
Mrs May
The hon. Gentleman raises the issue of discrimination in relation to caste, which is a matter of some concern, I know, to a number of people. The issue is now being considered by my right hon. Friend the Minister for Women and Equalities, and further work is indeed being done. I will ensure that the hon. Gentleman’s concerns on this matter are passed on to my right hon. Friend.
Richard Fuller (Bedford) (Con)
There have been significant and difficult changes to the pensions for police officers and they will obviously want to have informed discussions with their families. Is the correct and sufficient advice from people with a knowledge of pensions available to police officers, or does my right hon. Friend think further action could be taken?
Bob Blackman (Harrow East) (Con)
I congratulate my right hon. Friend on her strong stand against anti-Semitism, but can she tell the House what further action she can take to make sure that the perpetrators are brought to justice for anti-Semitic attacks and any other forms of hate crime?
Mrs May
My hon. Friend raises a very important point, and I am sure that everybody across the House is very clear that we deplore acts of anti-Semitism. I was pleased a few weeks ago to bring together the Campaign Against Antisemitism, the Director of Public Prosecutions and the chief executive of the College of Policing to discuss how they can issue better guidance to ensure that police officers deal with hate crimes and that we see prosecutions being taken forward so that those who are guilty of this terrible crime are properly dealt with.
Dr Julian Huppert (Cambridge) (LD)
Last week the Investigatory Powers Tribunal ruled that the regime governing UK agencies getting information from the US National Security Agency about the private communications of people in the UK was illegal and had been until last December. Will the Home Secretary ensure that any and all data that were held illegally by the security agencies, or any other agencies for which she has responsibility, are now deleted?
Mrs May
Last week’s judgment reaffirmed the IPT’s earlier ruling, which found that the current regime governing the intelligence agencies’ external interception and intelligence-sharing regimes are lawful and compliant with the European convention on human rights. Those activities have always been subject to strict safeguards, and the judgment was about the amount of detail about those safeguards that needed to be in the public domain. The IPT has made it clear that no further action is required.
National Crime Agency
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The Secretary of State for the Home Department (Mrs Theresa May)
The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015, was laid before Parliament on 29 January 2015. The Order extends relevant ‘NCA provisions’, ‘relevant civil recovery provisions’ and ‘relevant investigation provisions’ to enable the National Crime Agency to operate in Northern Ireland with full operational powers, including the ability to recover criminal assets, including the ability to request the recovery of assets overseas. The Order reflects a package of proposals that will create clear, transparent and significant local accountability that the Northern Ireland political parties have sought. They are the result of extensive work between the Home Office, the Department of Justice for Northern Ireland, the Northern Ireland Office, the National Crime Agency and the Police Service of Northern Ireland. Following negotiations, led by the Northern Ireland Justice Minister, I am extremely pleased to inform the House that on 3 February 2015, the Northern Ireland Assembly gave its consent to the making of that Order.
The Order reflects a package of measures to ensure police primacy, accountability and additional oversight of the NCA’s use of covert techniques in Northern Ireland. The consent given by the Assembly reflects its support for the Government’s aim that the people of Northern Ireland should benefit from a fully operational National Crime Agency, supporting the efforts of PSNI. I would like to put on record my thanks to Assembly members for their support.
[HCWS264]
Justice and Home Affairs Council
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The Secretary of State for the Home Department (Mrs Theresa May)
The Informal Justice and Home Affairs (JHA) Council was held on 29 and 30 January in Riga. I and a senior Ministry of Justice official attended on behalf of the United Kingdom. The following items were discussed.
In the context of the attacks in Paris in January, the presidency focused the morning of interior day on the issue of counter-terrorism and, in particular, foreign fighters. Member states, along with the Commission and the EU counter-terrorism co-ordinator, discussed how best to tackle the threat posed by those returning from Syria and Iraq, as well as efforts to tackle radicalisation. Member states, including the UK, agreed a joint statement which emphasised a number of issues including: the need for a strong and effective passenger name records framework; the importance of effective action against illegal firearms; and the need to tackle terrorist content on the internet.
The UK urged other EU states to do more to improve the exchange of information about known criminals to keep the public safe. We highlighted that existing EU mechanisms are not fully utilised by other member states to identify released offenders who continue to pose a public protection risk and who may try to travel across Europe and stressed that, to be able to refuse such offenders entry, member states need to be told about them in advance. The UK also stressed the need for all member states to retain and share information about “spent” convictions for serious offences for appropriate lengths of time. We welcomed the continued focus on this important issue and on working together at the European level to tackle the threat but reiterated the importance of all member states working to make progress in this area quickly.
Over lunch there was a discussion of EU migration pressures based on reporting from Frontex and EASO, where discussion covered the situation in Syria, the handling of asylum claims in member states, and legal routes into the EU. The UK stressed the need to enhance co-operation with source and transit countries, in order to disrupt irregular migration flows.
After lunch, the presidency held a joint session of Interior and Justice Ministers along with their counterparts from the Eastern Partnership (EaP) countries—Armenia, Azerbaijan, Belarus, Georgia, Moldova, and Ukraine—during which the EaP countries highlighted their progress on domestic reforms. In a common theme for many EU member state interventions, the Commission underlined the importance of rule of law, and in particular the independence of the judiciary. Many EaP countries had made progress, but there was more to do.
Eurojust wanted to see more co-operation with EaP based on the model of their network of judicial contact points, noting that it was in talks with Ukraine and Georgia to establish them there, and hoped to see a greater level of co-operation.
On justice day, ministers returned to the issue of counter-terrorism to look at the judicial response, including radicalisation in prison and the implementation of the UN Security Council resolution on foreign fighters.
The presidency then introduced its discussion paper on the scope of the data protection package, which consists of a regulation covering the processing of personal data in most civil and commercial circumstances, and a directive covering the processing of personal data in the context of criminal investigations and prosecution. Ministers were asked to consider whether the scope of the draft directive should remain as proposed by the Commission or be extended to also cover processing of personal data when “maintaining law and order and the safeguarding of public security”.
The Commission argued strongly for maintaining the directive’s original scope and noted that the regulation had already been amended to provide greater flexibility for the public sector. The European Parliament set out its firm support for the Commission position. While a few member states supported the existing Commission proposal, the majority of member states supported the presidency’s proposal for an extension of the scope of the directive. The UK, along with another member state, did not support either proposal. The UK understood the concerns of most member states, and recognised this was an important and difficult issue. The UK put forward a compromise proposal, to limit the scope of the directive to activities falling within those chapters of the treaty dealing with police and judicial co-operation—that is, chapters 4 and 5 of title V of part three of the TFEU. The meeting did not allow for a substantive discussion of the proposal, which the UK proposed should take place at expert level.
There followed a discussion on the promotion of digital solutions and tools for justice. The Commission argued that legal fragmentation across member states was a major obstacle to a functioning digital single market, with significant resultant costs suffered by businesses, in particular SMEs. This was a top priority for the Commission, and it would bring forward a package of proposals this year to supplement the data protection reforms already under way. This would include withdrawing its proposal for a common European sales law and bringing forward a new measure to harmonise rules for online purchases. There was also a need to make further progress on the e-justice agenda. Many member states called for a more ambitious e-justice agenda for both criminal and civil law.
The UK highlighted its recent paper on “The UK vision for the EU’s digital economy”. On the common European sales law, the UK had joined a number of other member states in calling for the Commission to withdraw the proposal. Any modified proposal needed to be based on a proper impact assessment and consultation. There was a need for a new focus on more effective enforcement of consumer law as well as new cross-EU consumer rights specifically for digital content. The UK argued there was scope for the Commission to consider online sales issues when reviewing the Rome I regulation.
Under AOB, Romania spoke to its joint letter with Italy calling upon the commission to provide EU funding to support improvements in prison conditions. They argued this was an important objective with implications for EU co-operation, in particular the European arrest warrant and the EU framework on prisoner transfers. Finally, Spain drew attention to its conference on 25 March which would include the signing of the convention on trafficking in human organs.
[HCWS258]
Police Advisory Board Triennial Review
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The Secretary of State for the Home Department (Mrs Theresa May)
I am today announcing the start of the triennial review of the Police Advisory Board for England and Wales. Triennial reviews are part of the Government’s commitment to ensuring that non-departmental public bodies continue to have regular independent challenge.
The review will examine whether there is a continuing need for the Police Advisory Board’s function and its form and whether it should continue to exist at arm’s length from Government. Should the review conclude there is a continuing need for the body, it will go on to examine whether the body is operating efficiently and whether the body’s control and governance arrangements continue to meet the recognised principles of good corporate governance. I will inform the House of the outcome of the review when it is completed.
[HCWS253]
EU Justice and Home Affairs Matters
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The Secretary of State for the Home Department (Mrs Theresa May)
The Home Office and the Ministry of Justice have prepared the fifth annual report to Parliament on the application of protocols 19 and 21 to the treaty on European Union (TEU) and the treaty on the functioning of the European Union (TFEU)—“the treaties”—in relation to EU Justice and Home Affairs (JHA) matters. The report, which is today being laid before the House, is submitted on behalf of both my own Department and that of the Secretary of State for Justice.
On 9 June 2008 the then Leader of the House of Lords committed to table a report in Parliament each year setting out the decisions taken by the Government in accordance with protocol 21—“the Justice and Home Affairs opt-in protocol”—and to make that report available for debate. These commitments were designed to ensure that the views of the Scrutiny Committees should inform the Government’s decision-making process.
The Minister for Europe confirmed this commitment on behalf of the coalition Government in 2011, and this is the fifth such report. It covers the period 1 December 2013 to 30 November 2014. For completeness, the report also covers the application of protocol 19 to the treaties on the Schengen acquis integrated into the framework of the EU—“the Schengen opt-out protocol”.
Over the period covered in the report, the Government took 33 decisions on UK participation in EU Justice and Home Affairs legislative proposals. Of these, the UK opted in to 21 proposals and did not opt in to 10 proposals. The Government have also taken two decisions to opt out of proposals under the Schengen opt-out protocol during the period covered by this report. At the point of publication, two EU legislative proposals are subject to ministerial and parliamentary consideration with regard to an opt-in decision. The report also provides an indicative list of legislative proposals which are expected to be brought forward over the next 12 months that are likely to require a decision on UK participation under the Justice and Home Affairs opt-in or Schengen opt-out protocols.
[HCWS249]
Child Sexual Abuse (Independent Panel Inquiry)
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The Secretary of State for the Home Department (Mrs Theresa May)
With permission, Mr Speaker, I would like to make a statement on the independent panel inquiry into child sexual abuse.
As the House knows, the Government established this inquiry so that we could get to the bottom of whether important institutions—public sector bodies as well as non- state organisations—have taken seriously their duty of care to protect children from sexual abuse.
In November, in my last statement to the House about the inquiry, I said that in appointing two chairmen who had failed to win the trust of survivors, we had got things wrong. I said, as we worked out how to move forward, that we would listen to survivors and their representatives, and that if we stay patient and work together we have a once-in-a-generation opportunity to find out what has happened in the past and what is still happening now, and to stop it happening in the future.
Since my last statement, I have held meetings with young survivors, adult survivors and groups that represent thousands of survivors in total. During those meetings, many people shared their experiences no matter how painful or how difficult it was to speak out. In doing so, the young survivors displayed immense courage, as did the older survivors who showed me how abuse that has taken place decades ago can feel like it took place yesterday, and how they have had to live with the consequences of that abuse for the whole of their adult lives. I am grateful to all of them.
Throughout those meetings, for every person who told their story, there was one common goal: to save others from the abuse that they had suffered. So let me be clear: I am now more determined than ever to expose the people behind these despicable crimes; the people and institutions that knew about the abuse but did not act and that failed to help when it was their duty—sometimes their very purpose—to do so; and the people and institutions that, in some cases, positively covered up evidence of abuse.
Other common themes emerged from those meetings and from the wider feedback that survivors have given me. Although there is no single point of view for the many thousands who have suffered—and that means that not every survivor will agree with everything that I announce today—there is a remarkable degree of consensus on what is needed for this inquiry as it goes about its important work.
Survivors have been clear about the type of chairman who would command their confidence. They have said that they want to see powers of compulsion to make sure all witnesses give evidence, and that we need to revise the inquiry’s terms of reference. They have raised the importance of help and support as this inquiry triggers memories that cause great pain, and, finally, they have emphasised the importance of prosecuting the perpetrators of these terrible crimes where evidence emerges.
I will turn first to the matter of the chairman. After my previous statement, the Home Office received more than 150 nominations from survivors, their representatives, MPs and members of the public. The Home Office also contacted Commonwealth countries, via the Foreign Office, to identify any suitable candidates. Each and every name was assessed against a set of criteria, incorporating the views of survivors on the most important factors. The criteria included: the appropriate skills to carry out this complex task; experience of the subject matter; and the absence of any direct links to any individual about whom people might have concerns, or any institution or organisation that might fall under the scope of the inquiry. A copy of the criteria will today be placed in the House Library and published in full on the gov.uk website.
Following an initial sift, due diligence checks were carried out on all the remaining names, which included academics, social workers, people from the charitable sector and a significant number of judges and members of the legal profession. The list was narrowed down to a shortlist of those who matched the set of criteria and were most suited to taking on the undoubtedly challenging role. I then took the views of a small group of survivors, all members of larger groups, who represent more than 100,000 individual survivors.
As the House will remember, during the debate on 22 January I said that I would reach my decision by the end of January and update the House shortly thereafter. Based on the clear feedback from survivors, and the assessment of the nominations against the agreed criteria, I can tell the House that I plan to appoint Justice Lowell Goddard as the new chairman of the independent panel inquiry into child sexual abuse.
Justice Goddard is a judge of the High Court of New Zealand. She is a highly respected member of the judiciary who has been at the forefront of criminal law and procedure. As chairman of New Zealand’s Independent Police Conduct Authority, she conducted an inquiry into the policing of child abuse in New Zealand, and she is also a member of the United Nations sub-committee on prevention of torture. She will bring a wealth of expertise to the role of chairman and, crucially, will be as removed as possible from the organisations and institutions that might become the focus of the inquiry.
I can confirm that I have discussed Justice Goddard’s appointment with the shadow Home Secretary, and I am grateful to the right hon. Lady for her constructive comments and bipartisan approach. The House will also remember that I agreed with the right hon. Member for Leicester East (Keith Vaz) that the nominated panel chairman would attend a pre-appointment hearing before the Home Affairs Committee, which will bring further transparency to the appointment process. I can confirm that the right hon. Gentleman, who chairs the Committee, has agreed that this will take place on 11 February. I have asked the Committee to publish its report as soon as possible.
I will now turn to the form of the inquiry. As I told the Home Affairs Committee on 15 December, I am clear that the inquiry should have the power to compel witnesses to give evidence. I also said there were three ways to do that: first, by establishing a royal commission; secondly, by converting the current inquiry into a statutory inquiry under the Inquiries Act 2005, subject to consultation with the chairman once appointed; or, thirdly, by setting up a new statutory inquiry under the 2005 Act.
Having taken in-depth legal advice and discussed the options with survivors, I have concluded that a royal commission would not have the same robustness in law as a statutory inquiry. In particular, it would not have the same clarity over its powers to compel witnesses to give evidence. I have decided not to convert the current inquiry, because doing so would not address the concerns of survivors about the degree of transparency in the original appointments process. I have therefore decided upon the third option of establishing a new statutory inquiry with a panel.
I want to make it clear that that is by no means a criticism of the current panel members, who were selected on the basis of their expertise and commitment to getting to the truth about child abuse in this country. The fact that the panel is being dissolved has nothing to do with their ability or integrity, and I want to place on the record my gratitude to them for the work they have done so far. I have asked the panel to produce a report on their work so far, which I am sure will provide valuable assistance to the incoming chairman.
In order to make sure that the appointment of the new panel is as transparent as possible, I will publish in full the criteria by which each new member will be selected and place a copy in the House Library and on gov.uk. I hope that the original members and the expert adviser to the panel, Professor Alexis Jay, will put themselves forward to be considered against those criteria if they so wish. I can confirm that Ben Emmerson QC will remain as counsel to the inquiry. I will wish to discuss the make-up of the new panel with Justice Goddard, but I am clear that each member must have the right skills and expertise to do the job, satisfy the statutory requirements of impartiality, and command the confidence of survivors.
So the process is being reset, and that means that I will also revisit the terms of reference. In accordance with the Inquiries Act, these will need to be discussed with Justice Goddard, but I want to assure survivors and the House that I have heard the strong call that the inquiry’s remit should go back further than the current time limit of 1970. There are, however, good reasons for confining the inquiry’s scope to England and Wales. The Hart inquiry in Northern Ireland and the Oldham inquiry in Jersey are already under way, while the Scottish Government have announced their own inquiry into child abuse—but I shall discuss this with the new chairman. In the event that the geographical scope remains the same, I propose that a clear protocol is agreed to make sure that no information falls through the cracks and that no people or institutions escape scrutiny, censure or justice.
I wish once more to reassure the House that the Official Secrets Act will not be a bar to giving evidence to this inquiry. I am clear that the inquiry will have the full co-operation of Government and access to all relevant information, including secret information where appropriate. I shall be writing to Secretaries of State to ask for their full co-operation, and I will ask the Cabinet Secretary to write to all Departments and agencies, and to public sector organisations, including local authorities, setting out the need for full transparency and co-operation with the inquiry.
I should now like to turn to the important issue of support. Survivors have fought hard for this inquiry, and they have done so knowing the intense emotional toll it will take. Charities have already reported a huge increase in demand for their services as more and more people come forward, many for the first time. That is why, in December, I announced a £2 million fund available to non-statutory organisations that had seen an increase in demand as a direct result of the announcement of the child abuse inquiry. A further £2.85 million fund for non-statutory organisations providing support across England and Wales was also announced. I am pleased to announce that these funds are now available and organisations can now bid for them. Going forward, further support will be needed for those who wish to give evidence to the inquiry and the many thousands of people who may be affected by its work. It is essential that these people are given the help they need, and I expect appropriate Government funding to be made available at the next spending review.
The final issue survivors have raised with me is the need to do everything we can to ensure that the perpetrators of child sexual abuse are prosecuted wherever possible, and of course I share that aim. I can confirm that a co-ordinated national policing response will link directly into the inquiry and will be able to follow up any lead the inquiry uncovers that requires a policing response. This will be led by Simon Bailey, the national policing lead for child protection and abuse investigations as part of Operation Hydrant, which will co-ordinate all child abuse investigations concerning people of public prominence or those offences that took place in institutional settings. The Hydrant team will be responsible for the recording of all referrals from the inquiry that relate to potentially criminal abuse and failures to act. It will also oversee the quality of responses from police forces to any requests for information from the panel. It is also important that there is a central point of contact within the Crown Prosecution Service for any referrals resulting from the inquiry. I can confirm that the Director of Public Prosecutions has appointed her legal adviser, Neil Moore, to this vital role.
There is one separate but related matter on which I promised to update the House. As part of the review that the Home Office commissioned of Peter Wanless and Richard Whittam QC last July, we asked a number of other Government Departments, as well as the Security Service and the police, to undertake a careful search of their records. Following reports in the press last month about a Cabinet Office file title listed in the national archives, the Cabinet Office has undertaken urgent work to establish why this file was not identified as part of its original search for the Wanless and Whittam review, and whether it was a duplicate of a file that was held at the Home Office and seen by Wanless and Whittam during their review. This work has established that it was not an exact duplicate; the two files are different, but contain much of the same material. The Cabinet Office file has additional material that the Home Office file does not, and vice versa. Some of this additional Cabinet Office material falls within in the scope of the Wanless and Whittam review. My officials have since spoken to Peter Wanless and summarised the additional information it contains, and he has confirmed that it would not have changed the conclusions of his review.
None the less, the file should have been identified when the Home Office first asked the Cabinet Office to conduct searches in connection with the Wanless and Whittam review. My right hon. Friend Minister for the Cabinet Office will today table a written ministerial statement explaining that as a result of the discovery of the file the Cabinet Office has undertaken additional searches of its papers and files. As a result, Cabinet Office officials have identified a small number of additional files that should also have been identified and passed to Peter Wanless and Richard Whittam last summer. I have said that they must be shared with Wanless and Whittam immediately, with the Goddard inquiry and Hart inquiry, should they wish to see them, and with the police. My right hon. Friend has agreed.
It is imperative that the whole Government co-operate fully with the independent panel inquiry into child sexual abuse and provide full access to any information that is requested. I have of course asked for these files, in common with all other relevant documents held by Government, to be made available to the inquiry so that it leaves no stone unturned in its bid to get the truth.
That brings me to my final point. I have said before and I shall say again that what we have seen so far in Rotherham, Oxford, Greater Manchester and elsewhere is only the tip of the iceberg. This afternoon, my right hon. Friend the Secretary of State for Communities and Local Government will give a statement on Louise Casey’s report on Rotherham borough council, which will contain further evidence of its failure to protect vulnerable children. With every passing day and every new revelation, it is clear that the sexual abuse of children has taken place and is still taking place on a scale that we still cannot fully comprehend.
What we do know is that the authorities have in different ways let down too many children and adult survivors. In many cases, people in positions of authority have abused their power. Now, those of us in privileged positions of public service must show that we have listened, we have heard, we have learned and we will come together not to avoid difficult questions but to expose hard truths. Most importantly, we will keep in mind the people on whose behalf we seek justice, the survivors of these appalling crimes.
On that note, I end by thanking survivors for their patience, their determination and their willingness to help us get this right. I commend the statement to the House.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I thank the Home Secretary for advance sight of her statement. Rotherham, Oxfordshire, Savile, the BBC and the national health service, the north Wales care homes, Rochdale, the Elm guest house and too many others: too many institutions that failed to listen to children, failed to protect them, turned a blind eye while they were abused and, in some cases, even covered up awful crimes. Those who endured abuse need justice. They want the truth, they want answers about what will change for the future and they need support. We all want to know that abusers and criminals are being prosecuted and stopped, that children are being heard and kept safe and that the same mistakes are not being made over and over again. That is why the inquiry is so important, why it must work to get the truth and also why it must set out the reforms we need for the future. It is why we will support it and why we wish Justice Lowell Goddard well in getting it swiftly under way.
It has now been 213 days since the Home Secretary first announced an inquiry and more than two years since we first called for it. It has now had three false starts under the first two chosen chairs, as well as the process of panel hearings that the Home Secretary launched in November and that she has now had to abandon.
We cannot afford for the Home Secretary to fail on this again, so we need to be clear that the previous problems have been resolved. First, the two previous chairs went because the Home Office did not apply due diligence and the Home Secretary did not consult survivors. I welcome the fact that she has now met many groups of survivors. Will she assure us that there has been due diligence? I strongly welcome, too, the additional support for survivors and I hope that she will keep the level of support under review and talk to the Department of Health about the support that it will need to provide. How will she ensure that survivors have an ongoing voice in shaping the inquiry, perhaps learning the lessons from Northern Ireland and other countries?
Secondly, the inquiry was repeatedly not put on a sustainable footing and concern was raised about its independence from the Home Office. Making the inquiry statutory is welcome and is something that we called for. Have the counsel to and staff of the inquiry been appointed by the Home Office or by the chair, and what will their relationship be with the Home Office?
Thirdly, there has been considerable confusion over the role of the panel. Can she assure us that it will continue to include survivors and explain what its role will be? Is this a panel inquiry chaired by Justice Lowell Goddard or a judicial inquiry by Justice Goddard, advised by the panel?
Fourthly, the scope and purpose of the inquiry has not previously been clear. I agree that it must consider the institutional failure and make recommendations for the future. I also agree that individual crimes must be investigated by the police, rather than the panel, and I strongly welcome the greater clarity she has announced today about how criminal investigations will be handled and co-ordinated by the police and prosecution. What about the continued question of whether there was a cover-up in Whitehall or Westminster of very serious crimes over many decades? Extremely serious allegations have been made, but they have not been investigated.
Today, the Home Secretary has had to tell the House that more files were missing from the Wanless review, including files on briefings to the Prime Minister of the day, which came to light only when something was discovered by accident in the National Archives. Have the Foreign Office, MI6, Downing street and other Departments now been asked to look at their files, and why was that not done before, when the Wanless review started?
The Home Secretary will know, too, that no one has looked more widely at allegations that have been made about cover-ups or decisions not to investigate or prosecute in that period. Will she clarify whether she expects the Goddard inquiry to look in detail at those allegations and whether it will have the investigative capacity to do so? For example, will it be able to look at top-secret information held by the security agencies? If that is not its purpose, who will pursue that investigation? It is clear that people will expect us to get the truth of what happened within Government.
Finally, and perhaps most importantly, what is the Home Secretary doing to ensure that the police and social services have the resources to deal with these serious cases right now? The current police investigations are immensely important and she will know that there are grave allegations in the papers only today that must be pursued. The police must have the ability to pursue serious investigations wherever they lead, but forces have said that they are struggling to cope with the cases that are now rightly coming forward, both current and past cases, particularly given the scale of officer cuts that they have experienced. We know that there are long and dangerous delays, too, in the National Crime Agency in dealing with online abuse. The Home Secretary rightly talked about her renewed determination to tackle the problem, and this is the area in which we need to act urgently. What is she doing to respond to the extremely serious concerns that police forces and social services still lack both the capacity and the policies to investigate and keep children safe today?
For too long, this appalling crime has been ignored. Children who called for help were not heard and too many of them are still not being listened to. I know that the whole House will want the inquiry to work, to be thorough and effective and to support the announcements that the Home Secretary made today.
The Home Secretary concluded by asking for patience, but she will know better than anyone that the inquiry has gone wrong too many times already and that we still need assurance that the measures will be in place to protect children today. She will know that patience is running out and that we need action to support child protection now and to get this inquiry finally and properly under way so that it can get to the truth and provide the justice and reforms we need to keep all our children safe. The whole House will unite behind ensuring that that can happen.
Mrs May
I thank the shadow Secretary of State for her commitment to the inquiry. One of the issues raised with me by survivors is that they want to be certain there is cross-party support for the inquiry so they can be confident that it will continue. From what she has said, I think we can give a very clear message that the whole House is of one accord in saying that the inquiry should be able to do what we all want—to get to the truth.
The right hon. Lady asked about the panel hearings. She said that I had set up the listening events. Of course, I did not set them up; they were set up by the independent inquiry panel. The panel decided to stop them in the middle of January, partly in expectation that a decision would be made about how the inquiry was being taken forward. I have been very clear that I have asked the panel to report on the work it has done so far. That will ensure that nothing undertaken by the original inquiry is lost in the process, and that its work can be taken forward, as appropriate, to the new panel inquiry.
I assure the right hon. Lady that greater due diligence has taken place in the Home Office and the Cabinet Office, including lengthy interviews with the individual concerned. On the role and ongoing voice of survivors, I have been very clear that it is important for the panel inquiry to be informed by survivors. They have the experience, understanding and expertise, and their voice will therefore be an important part of the panel inquiry.
The right hon. Lady asked about advisers to the panel. The Inquiries Act 2005 provides the possibility of individuals being advisers—or assessors, as they are called—to a panel. I will explore with Justice Goddard how we can get the greatest breadth of input from survivors to ensure that their voice is truly heard in the inquiry’s work.
The inquiry will be an inquiry panel, with Justice Goddard as its chairman. Appointments of staff to the inquiry will be undertaken in consultation with Justice Goddard. The staff—the secretariat—are and will be independent of the Home Office.
The right hon. Lady referred to the issues around the cover-up in Whitehall and Westminster. I have been clear about the files, and we will renew our efforts to ensure that proper searches are undertaken across Government. When I last made a statement to the House, I was very clear that I could not stand at the Dispatch Box and say that there has been no cover-up. One of the things that the inquiry will look at, and which I expect it to be able to unearth, is whether there was a cover-up in the past. That is important for us all, but particularly for survivors and those involved in the acts that might have been subject to such a cover-up.
Another of the issues relates to investigative capacity. The formal process is that I will discuss the make-up of the panel with Justice Goddard. We have already had some discussions about the investigative experience of panel members to make sure that they can do what is necessary in their work. As I said in my statement, we have clearly told the Security Service and the police that information they have relevant to the inquiry should be brought forward to it.
At one stage the right hon. Lady said that the police do not have the policies to investigate. I have to say to her that the police do have the policies and powers to investigate. One of the issues in the recent Rotherham case, sadly, was that the police had the ability to investigate, but—I am afraid because of what I have already described as dereliction of duty—they did not investigate. We must deal with that attitude as much as anything else. That is why we are working with the national policing lead to put in extra support for investigations across the country to make sure that such investigations can go where they need to go and can identify the perpetrators and bring them to justice.
Tim Loughton (East Worthing and Shoreham) (Con)
May I commend the Home Secretary on her announcement? There can be doubt of the integrity and thoroughness of the approach she has announced. I am sure that, even now, people are searching for unsuitable links to Justice Goddard. Does she agree that, realistically, this is the last chance saloon for this essential inquiry? It is essential for everyone to row in behind the inquiry, which will need robust support. Justice Goddard will need robust support from the Home Secretary, the Government and the Opposition, and everyone who wants to get to the bottom of the truth in this sordid matter.
Mrs May
I absolutely agree with my hon. Friend. I commend him and a number of other MPs, including my hon. Friends the Members for Wells (Tessa Munt) and for Richmond Park (Zac Goldsmith), who is not in the Chamber—[Interruption.] He is in a different place from normal. The hon. Member for Brighton, Pavilion (Caroline Lucas), my hon. Friend the Member for Birmingham, Yardley (John Hemming), and the hon. Members for Rochdale (Simon Danczuk) and for West Bromwich East (Mr Watson) have all been particularly active in dealing with this issue, and I commend them for their work.
My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) is absolutely right. My intention, hope and expectation is that the inquiry will now be able to get up and running, and to undertake the work it needs to do to bring truth and justice to the people who, sadly, have suffered from these terrible crimes. As I said in my statement, what I am announcing today will not be supported 100% by everybody. I hope, however, that everybody accepts that we need to get the inquiry under way, and that we need to support those involved—Justice Goddard and the panel members, when they are selected—to ensure that they can do the job we all want them to do.
Mr David Winnick (Walsall North) (Lab)
It would be inappropriate for me to comment on the chair, since I will be at the pre-appointment hearing next Tuesday. May I say to the Home Secretary that although the inquiry—I hope it will get under way very shortly—should obviously be as thorough as possible, it should not go on endlessly for years and become another Chilcot? The people who have suffered so much, about whom the Home Secretary and the shadow Home Secretary spoke very eloquently, deserve a conclusion. That is why it is so essential for the inquiry to come to a conclusion well within, say, 12 months.
Mrs May
I may have misunderstood the hon. Gentleman’s last point about the inquiry coming to a conclusion well within 12 months. I think that it will take longer than 12 months, but, as he said, it is important that it does not go on endlessly, seemingly being pushed ever and ever further into the future, with no report. This will of course be for the chairman of the inquiry to determine, but my own view is that it would be helpful to set a date by which a report will be made, even if at that point the inquiry says that it needs to do further work in certain areas. People need to see that there will be a report. Indeed, the inquiry will need to consider how to keep people updated on an ongoing basis during its work so that they do not feel that it is just going on behind closed doors.
John Hemming (Birmingham, Yardley) (LD)
I have documentary evidence to substantiate the allegation that the Foreign Office recently turned a blind eye to child abuse in St Helena. We are also aware of the recent banning of the American journalist Leah McGrath Goodman from investigating child abuse in Jersey. In both cases, that was done by UK Government authorities in recent years; I am not arguing that Ministers were involved. Are those cases within the inquiry’s terms of reference?
Mrs May
My hon. Friend has campaigned long and hard on the abuse that may have taken place in both those geographical areas. I am afraid that my answer will disappoint him. Work is of course already being done in relation to Jersey. It would not be appropriate for this inquiry to look at Jersey and St Helena. As I have said, I expect the inquiry to confine itself to England and Wales. I will of course need to discuss that with the chairman, but that is my expectation.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Home Secretary will know of my interest in this matter, because of my 10 years as Chair of the Children, Schools and Families Committee. May I repeat the point made by my hon. Friend the Member for Walsall North (Mr Winnick)? If this is seen as being kicked into the long grass, a lot of people will be very disappointed.
A major inquiry such as this one has to be based on good policing, for which resources must be provided, as well as good quality research. Some of the evidence from Operation Pallial is causing us to worry about that. I want every person guilty of child abuse to be prosecuted and punished, but such inquiries always include false allegations of abuse that destroy people’s lives, often because such people are put on bail and never charged. In my capacity as Chair of the Select Committee, I saw the lives of social workers, teachers and head teachers destroyed by false allegations. Can we get the balance right in how the criminal justice system works?
Mrs May
It is obviously important that we get the balance right. I am very clear that it is not for the inquiry to investigate individual allegations that could lead to criminal charges being brought. Those are matters for the police. I have indicated that under Operation Hydrant, arrangements will be put in place to look at the quality of the response of police forces across the country to ensure that nobody falls between the various stools of the different inquiries.
The hon. Gentleman spoke about people who find themselves on bail, but who are not charged. The Government intend to deal with that issue through the changes that we have proposed. We are looking at a limit for bail, except in exceptional circumstances, because I recognise the concern for people who are put on bail for many months, but who are not charged. That is the case across a range of crimes and is not confined to child sexual abuse. Such people can be in limbo for a considerable time. That is why the Government are looking at the whole question of how long bail should last.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
Many people will warmly welcome the progress that the Home Secretary has brought to the House today. I commend her for the listening process that she undertook before the announcement. My constituent Tom Perry, who has spoken out bravely, met her and came to my surgery last week to give me positive feedback about the meeting.
As the Home Secretary knows, I have raised before the matter of resources for organisations that provide support to the survivors of abuse. I would like to know that, despite the announcement today, she will keep those resources under review, so that if the £4.8 million that has been announced is not enough, more funds will be available.
Mrs May
I know that my right hon. Friend has taken an interest in this issue. I was pleased to meet her constituent, which I have done on more than one occasion. On resources, we are looking ahead to a new spending review. As I said in my statement, I will work with ministerial colleagues across Government to look at the various aspects of this business, including the support that is needed for victims and survivors, and not just at the aspects that relate to the Home Office. We will take that forward into the comprehensive spending review to ensure that funding is available to provide what is necessary for those who will be affected by the very fact of the inquiry and by coming forward. There will be many people for whom the inquiry will raise difficult memories, and support needs to be available.
Caroline Lucas (Brighton, Pavilion) (Green)
I particularly welcome the statutory nature of the inquiry. Will the Home Secretary say a little more about whether there will be a senior police assessor or adviser who can act as a liaison between the ongoing police investigations and the inquiry to ensure that one is not allowed to frustrate the other?
The Home Secretary and all hon. Members have used repeatedly the word “survivor”, which is wonderful. May I make a quick plea to the press and the media who are following this debate and this issue to use the word “survivor” and not the word “victim”, because every time they use that word, it adds to the hurt and the disrespect?
Mrs May
On the first point that the hon. Lady raised, as I said in answer to another question, we will have to look at the investigative capacity that needs to be available to the inquiry panel, but under Operation Hydrant, Chief Constable Simon Bailey will work to ensure that there are appropriate links between the inquiry and the police investigations. What is important is that nothing falls between the various exercises and that information is shared appropriately between the investigations and the inquiry panel.
On the second point, the hon. Lady is absolutely right about language. It is important that we use the language of survivors or, in some cases, of victims and survivors. There is another element in respect of language. Sometimes people refer to “historic” cases of child abuse. Many of these cases took place in the past, but for those who suffered them, they are not historic—they live with them every single day. I say to the House and to all outside who comment on this matter that we should be very careful about the language we use. We should not use inappropriate terms that are hurtful and that could cause harm to individuals.
Sir William Cash (Stone) (Con)
I congratulate my right hon. Friend on arriving at the right solution to the heinous, dangerous and difficult situation that she has been faced with. May I say on behalf of those of us who campaigned for a 2005 Act inquiry to be applied to this matter because of our experience of other 2005 Act inquiries that she has done exactly the right thing? May I also say what a good move it is to ensure that Ben Emmerson stays as counsel to the inquiry? This is a tremendous move in the right direction and I am certain that my right hon. Friend is completely right.
Mrs May
I thank my hon. Friend for his comments. We received a very clear message that the inquiry needed statutory powers, which is why I have brought them forward. It is important that the inquiry is able to compel people to give evidence and that appropriate sanctions are in place in relation to that. I thank him for his comments, given his experience in this area.
Mr David Lammy (Tottenham) (Lab)
I am grateful for the Secretary of State’s statement. Very sadly, a constituent of mine was horribly abused throughout his teenage years at Highgate Wood school in the London borough of Haringey. That led to a conviction last summer. There are suggestions that there were other examples of abuse at that school and in the London borough of Haringey. Will that matter fall within the scope of the inquiry?
Mrs May
The inquiry will look at abuse that has taken place in state institutions and non-state institutions. It will look at why it was possible for that abuse to take place. Those who are in authority in a school have a duty to protect the children and not to abuse them. The inquiry will look at whether the duty of care was exercised properly by people in those institutions, and at what lessons we need to learn to ensure that such abuse does not happen in the future.
Sir Paul Beresford (Mole Valley) (Con)
Mr Speaker will not be surprised to hear that my position as an ethnic minority immigrant from New Zealand adds to my support for the statement. One thing that I have noticed in New Zealand is that it suffers from “tall poppy syndrome”. That came through at the last election in New Zealand, when very unpleasant, anonymous accusations were made. I suspect that someone with the standing and career of Justice Goddard will have been the subject of such false and probably anonymous accusations. If my right hon. Friend is aware of any such accusations, can she kill them dead now?
Mrs May
I thank my hon. Friend for his support for the appointment of a New Zealand judge. It became apparent during the due diligence process that there is a blog with an accusation against Justice Lowell Goddard relating to a potential cover-up. I have spoken to her and to New Zealand’s Attorney-General about it, and I have been assured that there is absolutely no truth to the allegation. That information was shared with a number of survivors and they were comfortable with the explanation that was given. I am clear not only that Justice Goddard has the necessary experience in this area, but, crucially, that her track record shows—for example, in the work that she did to look at police conduct in these matters—that she is willing to go where the evidence takes her, without fear or favour.
Dr Alasdair McDonnell (Belfast South) (SDLP)
I thank the Home Secretary for the discussion so far. I welcome the widening and deepening of the inquiry, and the renewal of the drive to “expose hard truths”, as she rightly put it. Indeed, some very disturbing truths can be expected.
I welcome the fact that the remit will go back further, but I worry about its not being extended beyond England and Wales, because that might not be enough. The Hart inquiry in Northern Ireland is doing some very good work. However, we have a place called Kincora, which has been a running sore for 40 years. Although some of what is said may be rumour, there are deep suspicions that the security services, the Official Secrets Act and all sorts of things were used to cover up some very nasty practices in that place. Indeed, there are suggestions that it was used to compromise loyalist paramilitaries during the troubles in the ’70s and early ’80s. I plead with the Home Secretary to include the Kincora situation, because the outworkings of Kincora extend beyond the shores of Northern Ireland and involve key organisations and parts of the state.
Mrs May
I am grateful to the hon. Gentleman for his support for the inquiry, and I have considered whether it should cover Kincora. I came to the view that it is appropriate for that issue to be considered by the Hart inquiry, and that process is up and running. We must ensure that clear protocols are in place so that any information or evidence that comes forward that links the two inquiries or relates to people across them both can be shared properly, and so that full and proper consideration is given to those issues. As I said earlier, all parts of the government, including the Security Service, should make available any information that they hold that is relevant to either the Goddard inquiry or to the Hart inquiry into Kincora.
Michael Ellis (Northampton North) (Con)
I commend my right hon. Friend for her statement. Justice Lowell Goddard is an inspired appointment in the best traditions of Commonwealth appointments to major inquiries in this country, so there is historical precedence for that. Some survivors groups have brought up the issue of a royal commission with the power to compel witnesses. Will the panel that the Home Secretary is setting up have that power?
Mrs May
The panel is not being set up under a royal commission, although we did consider that and a number of people pointed to the Australian experience. A royal commission can be similar to a statutory inquiry under the 2005 Act, but in some aspects it does not have quite the same legal certainty. That is why I decided to go down the route of a statutory inquiry under the 2005 Act, and the chairman of the panel will have power to compel witnesses—it is clear that everybody feels that that power is necessary for the inquiry to be conducted properly.
Ann Clwyd (Cynon Valley) (Lab)
The Home Secretary and I have corresponded on this issue, and I raised it in November in the Chamber although I am still not clear about the answer. In Wales, the Wales Office and North Wales police were suspected of a cover-up. I know that documents went missing in north Wales; there were statements and letters and so on, and we still do not have answers on where those are and who is looking into that. Will the Home Secretary assure me and the people of Wales that somebody in this inquiry will consider what went on in Wales at that time?
Mrs May
The inquiry will cover Wales as well as England, and it will be for the chairman and the panel to determine what issues they wish to consider. I expect that any evidence held by Members of the House, or others, or suggestions for issues that need to be considered by the inquiry, should be forwarded to the inquiry secretariat so that they can be properly considered by the chairman and the panel. It is possible to bring about a prosecution, as we saw in Operation Pallial and as a result of work done by the National Crime Agency when looking into issues in north Wales. The issues in Wales will certainly be covered.
Tessa Munt (Wells) (LD)
I welcome the Home Secretary’s statement and her determination to see a statutory inquiry set up, as well as her plan to appoint Justice Lowell Goddard and her recognition of the advantages of having such a chair—Justice Goddard is a judge and has a background in inquiring into child abuse, human rights and police complaints. Will the Home Secretary consult the chair—if the appointment is cleared—about how we can strengthen the powers, sanctions and directions issued by the Independent Police Complaints Commission? It is not good enough that our police and the directorate of professional standards can blatantly disregard the IPCC’s rulings and recommendations, and for our police to consider themselves a law unto themselves.
Mrs May
The Government have made a number of changes to the IPCC which mean that fewer investigations of a serious nature will be carried out by the police. Serious and sensitive complaints against the police will be dealt with by the IPCC, and we are looking more generally at the complaints system and disciplinary system within the police. The hon. Lady raises an important point, and I am certainly willing to refer it to the chair of the inquiry for consideration.
Jim Shannon (Strangford) (DUP)
I thank the Secretary of State for confirming that the Hart inquiry will take place in Northern Ireland. Will that inquiry have the power to request those living on the UK mainland to attend it? If it is discovered that those involved in the inquiries have been in both Belfast and London, will evidence be exchanged between those inquiries?
Mrs May
It is certainly the intention to establish protocols between the inquiries so that evidence can be exchanged between them where appropriate, and evidence held on the mainland that is relevant to the Hart inquiry should be made available to that inquiry. The hon. Gentleman asked a specific point about the powers of the Hart inquiry in relation to individuals resident on the mainland, and if I may I will check the answer and write to him to ensure that I give him an accurate reply.
Nicola Blackwood (Oxford West and Abingdon) (Con)
I welcome the Home Secretary’s statement and her commitment to getting this right, particularly in committing to support for survivors. She is right to identify the emotional toll that the inquiry will take. When survivors gave evidence to the Home Affairs Committee they were worried that financial barriers would prevent some people from giving evidence. Can the Home Secretary reassure the House that child abuse survivors and organisations that help and support them will get the financial support they need to ensure that they are not excluded from giving evidence to the inquiry?
Mrs May
I can give my hon. Friend a degree of assurance about that. As I said, we are making money available to groups that support survivors who are affected by the child abuse inquiry, especially when the number of requests and calls on their time and resources have increased significantly as a result of the announcement of the inquiry. The inquiry panel and chairman will need to consider how to ensure that arrangements are in place, so that those who wish to give evidence are able to do so and do not feel that there is a barrier to that.
Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)
Will thought be given to setting up a system where there is ongoing communication between survivors and the inquiry, so that the survivors maintain their confidence in the inquiry and its processes?
Mrs May
The hon. Lady raises an important point. In a sense, this inquiry is like no other before it in terms of the subject matter it is dealing with, and it must obviously maintain the confidence of survivors. Information and communication will be an important issue for the inquiry panel, and I certainly intend that to be addressed by the chairman at an early stage.
Zac Goldsmith (Richmond Park) (Con)
I thank the Home Secretary for her obvious commitment to getting this inquiry right. People are concerned that there has not been enough co-ordination between the different police investigations around the country—that comes up time and again. In her statement she mentioned Simon Bailey’s work in charge of Operation Hydrant. As she said, his job is to follow up any lead that the inquiry uncovers, and to be responsible for recording all referrals from the inquiry that relate to criminal abuse. Will she reassure the House that Simon Bailey’s job will involve ensuring proper co-ordination between those inquiries, and that there is not just a liaison with the inquiry but between the various police outfits that are already up and running?
Mrs May
I can give my hon. Friend that reassurance. At an earlier stage, Chief Constable Simon Bailey raised with me his concern to ensure that investigations are properly joined up between police forces, and that information that might be helpful to an investigation in one force is not held by another force and not passed on. Part of his work in Operation Hydrant will be to co-ordinate all child sexual abuse investigations that concern people of public prominence or institutional settings, and he will also consider the responses from police forces to the inquiry to ensure that they are of suitable quality.
Naomi Long (Belfast East) (Alliance)
I welcome the statement and hope it represents a fresh start for victims, whose confidence has been badly shaken in recent months. In particular, I welcome the reassurances given on the Official Secrets Act and the Secretary of State’s letter confirming that those reassurances will also apply to people giving evidence to the Hart inquiry. She is aware of my concerns about Kincora and the allegations that MI5 was involved in a cover-up. When she says she will discuss the inquiry’s jurisdictional limits with the new chairman, can she assure us that she will do so with an open mind? Can she also assure us that those who wish to give evidence who are covered by the Official Secrets Act and require documentation to support their evidence will, along with the inquiry itself, have access to that documentation?
Mrs May
There are arrangements in place to enable former Crown servants to give evidence to such inquiries, notwithstanding the Official Secrets Act. I have been clear with the House about my own view regarding the geographical extent, but of course the chairman will look at this with a fresh mind, so the matter will be discussed with her. I should point out, however, that the Hart inquiry is up and running and that the powers and jurisdictions of the two inquiries—in terms of lessons learned and recommendations—are different.
Dr Matthew Offord (Hendon) (Con)
I welcome the statement and action taken by the Home Secretary. I am sure that the whole House will acknowledge that few crimes are as repugnant as sexual abuse. However, just as we have a responsibility towards victims, so we have a responsibility towards those accused of involvement. Since the process began, there have been two unfounded claims against people, and I have a constituent whose life has been personally and financially ruined because of an unfounded accusation. Will we ensure not only that the guilty are brought to justice but that innocent people named in the inquiry do not experience the same problems as many of the survivors?
Mrs May
It is important that when allegations are made about individuals, they are properly investigated and clarified; that where appropriate, charges and prosecutions are brought; and that it is made clear where individuals named are found not guilty. I absolutely accept my hon. Friend’s point that great care must be taken in dealing with allegations, and we are at pains to put in place appropriate processes, in relation to the inquiry and the police, to ensure that proper investigations take place.
Steve McCabe (Birmingham, Selly Oak) (Lab)
I hope that this proves a fresh start and leads to a satisfactory outcome. What restrictions, if any, will be applied to members of the now dissolved panel talking about their experiences or sharing information obtained through being panel members?
Mrs May
The panel members were subject to a confidentiality agreement when they signed up. I am conscious that in the listening events they held, some people will have given very personal information and, as was pointed out, some of them might not wish that information to go forward to the new inquiry—which is what I have asked the panel to do for the report. We will work with survivors and others to ensure that if anybody has those concerns, their information will not go forward to the new panel.
Dame Angela Watkinson (Hornchurch and Upminster) (Con)
The secrecy that surrounds child sexual abuse makes it particularly difficult to investigate and prosecute. Does the Home Secretary agree that members of the public could have an important role to play—not just those with personal or direct involvement, but those who might have information—and that such people should come forward to say what they have seen or what they know, to add to the body of evidence and enable this investigation to succeed?
Mrs May
My hon. Friend makes an important point. We tend to talk about survivors coming forward to give evidence, but there might be people who are aware of things that took place who are not themselves survivors but who might have seen things happening, perhaps in a children’s home or some other setting. I would encourage all such people to come forward to give evidence, because it will be valuable to the inquiry.
Mr Ronnie Campbell (Blyth Valley) (Lab)
Will the inquiry look into all inquiries, including Operation Rose in Northumberland, which has become known as a big whitewash?
Duncan Hames (Chippenham) (LD)
I commend the Home Secretary for taking up the suggestion of my hon. Friend the Member for Wells (Tessa Munt) some months ago of looking to the Commonwealth for an unquestionably independent chair. In particular, I commend the Home Secretary for the close co-ordination she has outlined between the inquiry and Operation Hydrant.
It has been a difficult journey since the Home Secretary first agreed to hold this inquiry. What lessons has she learned for the benefit of other Ministers needing to commission an inquiry?
Mrs May
I have learned the importance of listening to survivors. In the past, these sorts of inquiries often involved authorities doing something to people—if you like—and making the decisions. With this inquiry, we are seeing the importance of victims and survivors being part of the process. It is important that their voices be heard by, and can input into, the inquiry. It should not just be authorities deciding what happens; those with experience of the issue should be taken along and given a voice, so that their feelings and expertise can be considered.
Ian Lucas (Wrexham) (Lab)
Following on from that last question, last July, the Home Secretary made the decision to set up a non-statutory panel inquiry. Today, she is setting up a statutory inquiry. Why did she make the wrong decision last July?
Mrs May
I have said to the House before that I took the decision to set up the inquiry in the way I did last July because of the very good experience of the Hillsborough panel inquiry, which had done an excellent job and came forward with a hard-hitting report, leading to further action and now inquests into the events at Hillsborough. It was a good model that those involved felt had allowed all the evidence to be taken and appropriate recommendations to be made. In the light of all the discussions and concerns, however, people have said that the inquiry should have statutory powers, and so I took this decision. I could have stood here and carried on with the previous panel inquiry, but I was willing to say, “No, it was wrong to do it that way. I am willing to start again.” That was the right thing to do. I hope all Members agree.
Mr Peter Bone (Wellingborough) (Con)
I thank the Home Secretary for coming to the House. She has shown us the great courtesy of keeping the House regularly informed on this matter. The difference between an average Minister and a great Minister is that when a great Minister gets something wrong, they correct their mistake, and that is what she has done.
What will happen if a witness is compelled to give evidence but tries to use the defence that they cannot disclose the information because it would break the Official Secrets Act? What is the situation then?
Mrs May
There are arrangements in place for authorities to enable people to give evidence, notwithstanding that it would break the Official Secrets Act. This issue is regularly raised, however, and I will ensure that the strongest possible arrangements are in place to ensure it can happen.
Julian Smith (Skipton and Ripon) (Con)
I welcome the statement and the foundations the Home Secretary has laid for the review. One local issue in north Yorkshire concerns the number of responsible bodies. I have spoken to victims, and they have a problem with the lack of co-ordination and the lack of training of the people dealing with the issue. In looking at funding and money, will she consider what help she can give to local organisations to work better and closer and in a more co-ordinated manner on child abuse and child exploitation?
Mrs May
My hon. Friend raises another important issue about how we deal with incidents currently taking place. I have been considering this matter along with a number of my right hon. Friends, including my right hon. Friend the Secretary of State for Communities and Local Government. We have focused particularly on looking at what we can do in response to the Alexis Jay report on Rotherham, and my right hon. Friend is of course about to make his own statement on the Louise Casey inspection. The Government will come forward with a number of proposals that will hit at the very issues my hon. Friend has raised. He is right that we need to look at issues around training and co-ordination in respect of bodies looking at incidents, or potential incidents, of child sexual abuse today.
Justin Tomlinson (North Swindon) (Con)
I very much welcome this measured statement. Will the Home Secretary confirm that there will be absolutely no hiding place—regardless of time, status or influence—for those involved in these abhorrent acts?
Mrs May
I am very clear that this inquiry should go where the evidence takes it and that there should be no hiding place for anybody. We should be very clear that the aim of this inquiry is to get to the truth—to find out what happened, but crucially also to learn the lessons to make sure that this cannot happen again.
Stephen Mosley (City of Chester) (Con)
I, too, welcome the statement. What financial resources will be available to the panel inquiry? Will it have the finances it needs to allow the inquiry to go where it takes it, or will it face any constraints?
Child Abuse Inquiry
Baroness May of Maidenhead Excerpts(10 years, 5 months ago)
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Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
(Urgent Question): To ask the Home Secretary to make a statement on the child abuse inquiry.
The Secretary of State for the Home Department (Mrs Theresa May)
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 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 the survivors of child abuse and their representative bodies. I have been deeply moved by the courage and the candour they have shown in telling me their harrowing stories and the experiences they have been through. I am absolutely committed to finding the right chairman to ensure they get the answers they deserve.
Not only does the inquiry need the right chairman, but it 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 that could give the inquiry those powers. I confirmed the options in my evidence that month to the Home Affairs Committee. I also confirmed to panel members that I would make my 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 the inquiry can get on with its work, but it is also vital that it has 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 survivors of child abuse deserve and that is what I remain determined to deliver.
Yvette Cooper
It is now 200 days since the Home Secretary agreed to set up the inquiry into historic child abuse. On 14 July, the first chair stood down and on 2 November the second chair stood down, both times because the Home Secretary had not done proper checks or consulted survivors. She promised then that the best way forward was for the panel to get started without the chair, and said that it would hold meetings with survivors and start gathering evidence. Yesterday the inquiry website announced that all further listening sessions were cancelled. She said in November she had confidence in the panel, yet over Christmas there were reports that she was writing to panel members asking them to re-apply for their own jobs, and there have been troubling accounts of disagreements and tensions within the panel. She said in November she would consult the Opposition and others on a new chair, but we have heard nothing. She said she would make sure that the inquiry had the powers it needs, yet we are six months from the initial start of the inquiry, and we still have no chair, no clarity on the powers and no clarity on the timetable for something that is so important.
The Home Secretary will know how serious the inquiry is and how much it means to those who endured awful abuse in childhood and were not listened to then but deserve to be listened to and to have the chance of justice now—yet they are being let down.
In November, the Home Secretary made much of apologising to the survivors and she promised personally to sort things out. She said she had a direct message to them:
“I know…you have questioned the legitimacy of this process…I understand that. I am listening.”
Despite the fact that she had already messed up twice, we and many others supported her in November because we were very keen to see an effective inquiry up and running, and we took her commitment in good faith. She is now at risk, however, of making a fool of everyone because the inquiry has stalled again—yet it has become more important than ever.
Since November, the allegations have become more serious. The police are now investigating allegations of child murder, involving senior figures linked to Dolphin square. A Government file has emerged, containing further potential allegations of abuse, clearly not seen by the Wanless review. These need to be investigated by the police—not just by the inquiry—but this makes it even more vital that a serious and credible inquiry is under way with the confidence of the public and survivors.
Given the seriousness of this matter, I say there is now no choice but to start this inquiry again properly, with a new chair and statutory powers and proper consideration given to the scope and purpose, involving the survivors themselves. This should not be beyond the wit of a Home Secretary. Other people have set up effective inquiries—Hillsborough, the Northern Ireland inquiry into child abuse and the Soham inquiry—and we are now six months on, with still no chair, still no powers, still no clarity. It is deeply unfair on survivors of abuse, who need to be listened to and who need justice. When will she sort this out?
Mrs May
The right hon. Lady is trying to make an argument between us about this inquiry where I think none exists—or certainly none should exist. She has indicated in her response that she believes an inquiry should be set up with a new chairman and with statutory powers. That is exactly what I said I would be doing when I last made a statement to this House.
I said in my response to her urgent question today that I set out the timetable to panel inquiry members in the letter I sent them in December and that I would make the decision on the right model for the inquiry and the chairman by the end of January. Three options are available in order to get statutory powers for the inquiry. One is to set up a royal commission, and the others are two variations on setting it up as a statutory inquiry: one to start again and reset it as a statutory inquiry, the other to await the appointment of the chairman and continue the current panel, but with statutory inquiry powers. I made that clear in the letter I sent to panel members, and I set out those three options when I gave evidence to the Home Affairs Select Committee.
The right hon. Lady mentions the very serious issues that have come to light, which are being investigated by the police. It is absolutely right that the police investigate allegations. That is not going to be a job for the panel inquiry: investigation of allegations rests with the police, and will always rest with the police, and it is important that that is what happens.
The right hon. Lady made reference to the file that has come to light. We are checking that today, but I understand that it may be a duplicate of a file that was at the Home Office and was seen by Wanless and Whittam during their review. Of course, we are checking that. Any allegations relating to that file will be passed to the police and those concerned to ensure that they are looked at properly.
The right hon. Lady talked about the role of the panel inquiry. It has been meeting survivors and has had a number of listening meetings with them. It was decided yesterday that from now on their work will focus on issues such as methodology that will assist the new chairman in making decisions. The panel wrote to say that it will not have any more listening meetings with survivors until the new chairman has been announced and the model for the inquiry has been announced. I respect that decision. I understand that it must have been difficult, but it was a decision for the independent inquiry panel members to take.
I am sure that everybody recognises that we want to get this right and that we want to ensure that we have the right chairman and the right powers.We received more than 150 nominations for the post of chairman following the resignation of Fiona Woolf. It is right for us to take our time in considering those nominations, and to apply due diligence to them, so that when I announce the name of the new chairman, everyone—I hope—will feel fully confident that that individual has the capability that is needed to ensure that the inquiry can do the job we all want it to do, which is to get at the truth.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
I am sure that we are all grateful for the concern and sincerity that the Home Secretary is bringing to this incredibly difficult and sensitive inquiry. She should rest assured that we all want it to start work as soon as possible. However, she must know that organisations that support victims of child sex abuse are experiencing an increase in demand following the setting up of the inquiry. How can we further help those organisations to meet their funding needs as more and more people come forward requiring help?
Mrs May
My right hon. Friend has made an important point, which has been raised with me by groups who are representing and working with survivors. On 19 December, we announced that an extra £7 million would be available to such groups, and £2 million of that will be available specifically to groups that have received more requests for support as a direct result of the setting up of the inquiry. That is the child abuse inquiry support fund; a further £2.85 million will be available to child and adult victims of sexual abuse. The fund will be launched at the end of this month, and there will then be a very simple bidding process. We hope that that will provide the necessary support for groups that have experienced increased demand.
Keith Vaz (Leicester East) (Lab)
The Home Secretary has always been eloquent and sincere in her support for the victims of child abuse, but she is in danger of losing control of this process, which has been lamentable. If she reads the evidence given to the Home Affairs Committee by members of the panel on Tuesday, she will see that there were allegations of bullying by some of them, and that after the evidence session the inquiry’s counsel called for Sharon Evans, one of only two survivors, to be removed from the panel. Moreover, the Minister for Crime Prevention, the right hon. Member for Hornsey and Wood Green (Lynne Featherstone), who is sitting next to the Home Secretary and who has responsibility for these issues, said that she had not seen the letter that the Home Secretary had sent to the panel, because she was in Burma.
This is a regrettable situation, and it needs to be brought to a conclusion. The Home Affairs Committee stands ready for confirmation hearings, and this is a big opportunity to draw a line under the past. Will the Home Secretary give a categorical assurance that once she has made her statement, the full package will be put before the House so that we know exactly where the inquiry is going to go?
Mrs May
It is indeed the case that a member of the panel said that she had made a complaint to the Home Office about the conduct of the inquiry’s counsel. The Home Office can confirm that that complaint has been fully investigated, and that no evidence of bullying was found. As for the right hon. Gentleman’s final question, I intend to announce the name of the nominated chairman to the House, together with the details of the form that the inquiry will take thereafter. The Home Affairs Committee will then be able to hold its hearing, which, as we have discussed, is an important part of the process.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
I welcome the emphasis that the Home Secretary placed on the fact that the investigation of individual cases remains the task of the police. Justice will not be achieved unless, whenever possible, offenders are brought before the courts, and, if necessary, a police force other than the one in whose area the offence took place is involved.
Mrs May
My right hon. Friend is absolutely right, and I have been very clear from the start in my statements to this House and more publicly and in what I have been discussing with survivors and their representatives that this panel inquiry will not have the ability to investigate potential criminal acts that have taken place. That is rightly for the police, and we will be ensuring that where people come forward with such allegations, those allegations will be appropriately treated. The national policing lead in relation to these matters is working on ensuring that a proper system is in place so that any allegations are dealt with appropriately by police forces.
Sarah Champion (Rotherham) (Lab)
I am afraid that this whole inquiry has now become a farce. It is very frustrating that my right hon. Friend the shadow Home Secretary has had to call the right hon. Lady to come to the House, because we need transparency and clear communication. We also need not just an inquiry but a national taskforce, because this is a national issue and the regional forces do not have the capacity to deal with it.
Mrs May
I commend the hon. Lady once again for the work she has done, particularly on the child sexual exploitation that has taken place in Rotherham, but also for the way in which she is using that experience to inform others to try to ensure that we put in place the necessary support mechanism and that the terrible things that happened in Rotherham do not happen elsewhere.
I made it clear in my statement that I will come to this House once a decision about the chairmanship has been taken, and I was very clear in the letter I wrote to the panel inquiry members in December that that decision would be taken by the end of January. It is fully my intention to come to the House when that decision has been taken, as I indicated to the right hon. Member for Leicester East (Keith Vaz), to set the whole package before the House and for the House to be able to look at that.
The hon. Lady also raised a point that is not just about the work of the panel inquiry. I am also chairing a group of Secretaries of State who are looking more specifically at the allegations that arose in the Rotherham case, and which have, sadly, been replicated elsewhere, and particularly those from the hon. Member for Stockport (Ann Coffey), who did important work with Greater Manchester Police on what happened in Greater Manchester. We are looking at the issue of support, and work is being done with local authorities to look at the support that is available and how they can identify and make sure these things are not happening.
Bob Blackman (Harrow East) (Con)
My right hon. Friend will probably be aware that the Communities and Local Government Committee has conducted an inquiry into what happened in Rotherham, and produced a report. We have now moved on to aspects of the Ofsted regime. My right hon. Friend may be aware from evidence that has now been presented that Ofsted in 2007, and right up until 2009, gave Rotherham a status of “adequate” when clearly it was not adequate at the time. As the same regime operated throughout the country, will my right hon. Friend ensure that when this inquiry takes place, the role of Ofsted, its inspection regime and the potential for failure to have occurred right across the country are adequately looked at?
Mrs May
I am grateful to my hon. Friend for raising the issues that have been looked at by the Communities and Local Government Committee. Of course, the Secretary of State asked Louise Casey to review Rotherham council, and she has been doing that. The Secretary of State for Education is part of the Secretaries of State group that I mentioned in response to the hon. Member for Rotherham (Sarah Champion), and that group is looking at all aspects. It is looking not just at the local authorities’ response and the policing response, but at parts of the response under the remit of education and the role of Ofsted is coming into that. Work is therefore already being done, but of course the panel inquiry will be looking across the board at the state and non-state institutions that have a duty to protect children and how they are doing their job, and looking at what can be done to ensure that they are properly protecting children in future.
Simon Danczuk (Rochdale) (Lab)
I have always held the Home Secretary in high regard, but this inquiry has become something of a complete shambles. It is so badly run that it is starting to make Chilcot look punctual and efficient. We now have no chair, no proper panel and no apparent means of finding any files. The Home Secretary mentions the file dealing with unnatural sexual behaviour at the top of Government. Why do the Government not now publish that file so that we can judge its importance, and who is going to be held accountable for the failure of this inquiry so far?
Mrs May
I recognise the significant campaigning the hon. Gentleman has done on this issue, as have other Members. A number of other Members of this House have been prepared to put their heads above the parapet on an issue that has sometimes not been easy to talk about, particularly in relation to some of the individuals who have been involved.
The hon. Gentleman said that there is no panel. There is a panel, which continues to meet and to do work. Since the last chairman resigned, it has continued to hold meetings with survivors and listening events. The panel has indicated that it will now delay any further listening events until the chairman is appointed, and I have said to this House, as I have to the panel members, that it was my intention to take a decision on the chairmanship by the end of January.
My understanding is that the Cabinet Office file to which the hon. Gentleman referred is being looked at to make sure that it can be passed to the National Archives, which would effectively make it public. That may require some redaction to take place, but I think everybody is aware that we want to ensure that the information that needs to be available is available.
Andrew Stephenson (Pendle) (Con)
I welcome what the Home Secretary said in response to my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) about additional support for victim support groups. How does she expect the £2 million fund for organisations experiencing an increase in demand for services will help support the victims of these awful crimes?
Mrs May
There are a number of jobs that need to be done. First, it is important that specific allegations of criminal actions are properly investigated and that, where possible, people are brought to justice as a result. Of course, the panel inquiry then needs to look at whether those state and non-state institutions that had a duty of care were properly exercising it, and, crucially, at what lessons can be learned for the future.
Mr Tom Watson (West Bromwich East) (Lab)
The revelations from Sky News yesterday about the document were significant and illuminating, and there is a clear public interest in knowing whether a former Prime Minister received a briefing by a senior intelligence officer or officers on sexual crimes committed. Regardless of whether the inquiry gets to see the document, can the Home Secretary not commit to publishing the document now, in the public interest, or at least commit to giving it to members of the Home Affairs Committee as part of their inquiry?
Mrs May
I recognise the points made by the hon. Gentleman—another Member of this House who has campaigned long and hard on these issues. As I understand it, and as I said earlier, the file has been passed to the police so that they can look at any issues within that file that they should be properly investigating. I assure the House that the file will be made available—as it is my intention that all files should be made available—to the inquiry panel, so that it can be appropriately looked at and considered in its work.
Duncan Hames (Chippenham) (LD)
We have seen in the criminal justice system that delays to investigations matter, not least because of the age, declining health and, ultimately, mortality of the accused, resulting in survivors being robbed of the opportunity to have their evidence heard in court. How does the Home Secretary propose to ensure that the circumstances surrounding such cases do not similarly fall out of the reach of the inquiry?
Mrs May
The hon. Gentleman is right that for those who have specific allegations of abuse, of criminal activity having taken place, it is important that that be properly investigated. It is possible to bring people to justice some years after the events about which allegations were made. I refer the hon. Gentleman, for example, to the work of the National Crime Agency through Operation Pallial in north Wales, where an individual has been prosecuted despite the fact that the allegations concerned incidents that took place some years ago. We are already ensuring that allegations that come forward are properly passed to the police, not waiting for the inquiry to get fully up and running before doing so. Those allegations are being properly looked at.
Mr Dennis Skinner (Bolsover) (Lab)
There have been a lot of casualties in this very sensitive process. Has the Home Secretary, with the great authority the Home Office holds, ever considered that she might be the problem? Has she considered the unthinkable? Has she considered resigning?
Mrs May
I am firmly committed, as are all Members of this House, to ensuring that we get this inquiry up and running fully, with a chairman. I have apologised to the House and to the survivors for the fact that two chairmen have resigned, but I would also say to the hon. Gentleman that it is this Government who agreed to set up this inquiry. Yes, we are now in a position where we have to look for a further chairman, but we have a panel set up and it is our intention to ensure that that inquiry gets fully up and running with a chairman and that we get to the truth. That is what everybody wants.
Mr David Nuttall (Bury North) (Con)
The Home Secretary is absolutely right to proceed with care and caution in the appointment of a new chairman, because it is essential that whoever is chosen should be the right person for the role. Is she confident, however, that once the new chairman is appointed, the inquiry will report in a shorter period of time than the Chilcot inquiry is taking?
Mrs May
My hon. Friend makes an important point. The inquiry will be looking into significant issues and it will not be able to come to decisions in a short space of time. However, the panel members I have spoken to are clear—as am I—that they should recognise the need for striking a balance between getting to decisions and ensuring that they are doing the full job. This is not an inquiry that should simply be pushed into the long grass, and we need to have some answers for the survivors within a reasonable period of time. I have said before in the House that the inquiry panel, under the new chairman, will have to look into whether they report to survivors and survivors groups, to this House and more widely on a more ongoing basis than would normally be the case, because of the nature of the issues that they are dealing with.
Mr David Winnick (Walsall North) (Lab)
I do not for one moment doubt the Home Secretary’s commitment to holding a thorough inquiry, but does she acknowledge that if someone had set out to wreck the whole process from the very beginning, that person could not have done a more effective job than this? I hope she recognises that this is a tragedy. It goes beyond Ministers or Back Benchers or anything of the kind. As far as the survivors are concerned, what has occurred is a tragedy—first, when they were abused, and now with what appears, to them at least, to have been a farce since the inquiry was established.
Mrs May
I recognise that survivors will rightly be concerned to ensure that the panel inquiry is established on the basis on which they wish it to be established, with a chairman, and that it gets on with its role. As the hon. Gentleman will be aware, when the inquiry was first established, it was based on the model that we had used for the Hillsborough inquiry, which had been very successful. We felt that that was an appropriate model to use in the circumstances. In discussions with survivors and others, however, it became clear—particularly from the survivors—that they felt that statutory powers were needed, which is why I have indicated that when the inquiry continues under a new chairman, it will do so on a statutory basis.
Mr Philip Hollobone (Kettering) (Con)
I think my right hon. Friend said that she had received 150 nominations for the post of chairman. Given that we have now moved on from that long list, will she tell us how short the shortlist is from which she is now operating?
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
One consequence of the ongoing delays and confusion surrounding this important inquiry is the continuing lack of a clear understanding of, and provision for, the needs of survivors in terms of support, counselling and mental health treatment, where appropriate. Practices and capabilities are very different around the country. Will the Home Secretary tell us what she is doing financially to support the delivery of better practice in this important area?
Mrs May
Yes, that is an important aspect. It is something that has emerged not only in relation to this inquiry, but post the Rotherham work and the report from Professor Alexis Jay. The whole question of what support is available to victims has been an important issue. A number of things have been happening. As I mentioned earlier, in response to my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan), a sum of money is being made available to groups that are dealing with the victims and survivors who have come forward. Often it is those groups that are the first port of call for individuals, and it is important that they are giving that support. But we are doing other things as well. We have been working with the Department of Health in looking at the specific support that it can offer. We are also looking at the interaction of the various agencies in a particular area, including local authorities—we have been actively doing that post-Rotherham—and the availability of support for survivors and victims. Not everybody will have the same needs or the same wishes with regard to support. What is important is that a range of support is available, and that people can see where they can access the support that suits them best.
Steve McCabe (Birmingham, Selly Oak) (Lab)
The Home Secretary said earlier that this missing file may turn out to be a duplicate, which would obviously put a different complexion on events. Given the cloud of suspicion, I cannot believe that it can take more than a couple of days to clarify whether it is a duplicate or a withheld file. Will she agree to come back to the House next week and tell us which it is?
Mrs May
Work is being actively done to look at that file to see whether it is a duplicate. I have made it clear to the House that I intend to take a decision on the chairmanship and the nature of the inquiry by the end of January and that shortly after that I intend to report to the House on that matter. [Interruption.] The hon. Gentleman might recognise that the end of January is only about a week away. Shortly after that, I intend to come to the House to make a statement, in which I will include the issue that he has raised.
Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)
Having served on an inquiry team that looked into abuse in residential child care in Edinburgh, I have some understanding of the issues and the sensitivities involved. However, I have been horrified at the delay, which is obviously having an impact on survivors. Will the Home Secretary assure us that whatever model she adopts, there will at least be a representative of the survivors organisation on that panel and that the survivors will continue to be fully informed, otherwise this inquiry will have no credibility whatever?
Mrs May
I am happy to give that undertaking. When we set up the initial panel, we ensured that survivors were on it to give their experience. I am very happy to give the undertaking that there should be survivors and/or their representatives on the panel inquiry as it goes forward. Another issue that we have been considering, and that the new chairman will wish to consider, is how to ensure that we have the maximum ability to work with survivors. As membership of the panel will be limited, we may have to do that through groups that are advising the panel and that are additional to it.
Paul Flynn (Newport West) (Lab)
The Home Affairs Committee was told that there will be an investigation into allegations that Whips in this House have concealed evidence of paedophilia by Members in order to blackmail them in the Division Lobby. The range of investigations being carried out by this committee is vast, involving tens of thousands of incidents. Is it not right that we look again at the scope of the investigation, because it is unlikely that it can achieve the expectations of the victims within a reasonable time, and should we not look at more forensic investigations that can be attainable with results in a reasonable time?
Mrs May
It is important that the terms of reference do not leave out anything in the work of the inquiry panel. How the chairman, when appointed, will wish to take that forward as regards the specific areas they want to consider will be a matter for them. It has been made very clear by survivors in discussions with me and others that they want to ensure that the inquiry does not inadvertently or deliberately leave out areas that they feel it should cover within the geographical limits that we have set, of England and Wales. On the hon. Gentleman’s first point, I have written to party leaders to ask them to ensure that their parties co-operate fully with any requests from the inquiry.
Ian Lucas (Wrexham) (Lab)
The Home Secretary set up the Macur review into the Waterhouse inquiry in north Wales more than two years ago and it is yet to report. There is growing expectation in north Wales that it will not report until after the general election. Is the Home Secretary aware that that is contributing to a collapse in confidence in the political process that has affected all of our reputations? Will she please pull the inquiry together and hasten the release of the Macur review?
Mrs May
Once inquiries are set up, it is up to those who are conducting them to decide how they wish to conduct them and when they will publish the results. As I have already said, the work in north Wales has resulted not just in the review but in Operation Pallial, which has had an impact and has identified at least one individual who has been prosecuted.
Huw Irranca-Davies (Ogmore) (Lab)
Key to the success of the inquiry will be the stalwart confidence of the survivors and relatives and of the broader public, yet that confidence has drained away day by day, week by week and month by month. I do not doubt the Home Secretary’s sincerity and commitment one jot, but what assurance can she give that she can restore that confidence? Without it, the inquiry is doomed.
Mrs May
The hon. Gentleman is absolutely right that the inquiry must have the confidence of the survivors and that is why the two chairmen who had previously been appointed resigned. They felt that they did not have the confidence of survivors. I do not see quite the same picture as him as regards survivors, as in the meetings that I and others have with survivors we have been keeping them informed about matters as they go forward. Of course it is important that survivors have confidence in the inquiry, and that is why it is my intention to involve them in discussions about the appointment of the chairman.
Kate Green (Stretford and Urmston) (Lab)
More survivors are coming forward to the police, so could the Home Secretary say something about police practice in dealing with them? In particular, is she encouraging the police to go beyond what I understand to be current guidance, which is to hand victims an agency referral sheet and on an exceptional basis to make an introduction to support services? What is she doing to encourage the police to facilitate access to support for those survivors who seek it?
Mrs May
The hon. Lady makes an important point. Obviously, the police have one role to play and, generally, supporting victims requires others to step in. I will look at the guidance she mentions. I have had discussions with the national policing lead on the approach they are taking to allegations and Home Office officials have continued to talk to the police about ensuring that we set out the right route so that people who make allegations are given the right support during the investigation. Work is also being done on the support that will be available for those who come to the inquiry with allegations, which would of course follow a separate track to any information given by the police. We need to ensure that whoever the survivors interact with they are given the information they need and that they can have access to support.
Andy Sawford (Corby) (Lab/Co-op)
Further to the question asked by my hon. Friend the Member for Ogmore (Huw Irranca-Davies) about the confidence of survivors, in my experience, having talked to some survivors, these people have very little confidence in a system that they feel has failed them. The appearance over the past six months or so is of an establishment stitch-up. I appreciate that that is not necessarily the fault of the right hon. Lady, who has good intentions, but that is how it appears to the public. She says, “I make a decision,” but can it be, “We make a decision,” so that we can be inclusive and so that from the outset survivors have confidence in the chairperson?
Mrs May
I have already said in response to a number of hon. Members that we will be talking to survivors about the future chairmanship of the inquiry. We have already been speaking to survivors about what they want to see from the inquiry, and the sort of person they want to see as chairman of the inquiry, and we will be having discussions with survivors about exactly that. The hon. Gentleman is absolutely right. It is important that people have confidence in the inquiry and that they do not believe that there is any attempt to cover anything up or somehow to push the inquiry off. That is absolutely not the case. It is my intention that the inquiry will be fully up and running with a new chairman soon, and I have given the timetable on which I wish to make a statement to the House.
Kerry McCarthy (Bristol East) (Lab)
The Home Secretary has repeatedly said that the decision on the new chairman will be made by the end of January, which is next week on Saturday. She has also said that there is quite a short list, that she wants to consult on that shortlist with survivors, and that once the appointment is made due diligence needs to be carried out. Is she confident that all that can be done next week without the risk of yet another farce and another chairman who is not acceptable to the survivors?
Mrs May
I think that the hon. Lady has slightly misunderstood my comments on due diligence. Due diligence has already been done, and further due diligence work is being done, so we will not be starting ab initio from the nomination of an individual. Obviously, in getting to the shortlist, a lot of work has been done in terms of the suitability of individuals to undertake this role. So a lot of the work has already been done.
Ann Coffey (Stockport) (Lab)
As the Home Secretary will understand, one of the problems identified in past reviews of child abuse cases is that children’s services and police did not always recognise that the children were being sexually exploited. They were often referred to as making lifestyle choices or as child prostitutes. Does she agree that if a lesson is to be learned it is that language is important, and that this place should take the lead in stripping “child prostitution” from all the existing legislation and substituting “child sexual exploitation”, which is what it is?
Mrs May
I fully understand the point that the hon. Lady makes. The language of “child prostitution” has come up elsewhere, particularly in the Modern Slavery Bill that is going through the House. She is right: language does matter. But what also matters is the attitude that leads to that language. Using the correct term of “child sexual exploitation” is important. The sort of attitudes that were set out so graphically in Professor Alexis Jay’s report, whereby police and others appeared to take the view that this was the sort of thing that would happen to girls like that, is utterly appalling—a point I have made to the House previously. We cannot allow that attitude to continue, and we must ensure that we take every measure to ensure that those attitudes change.