Macur Review of Historical Child Abuse

Ann Clwyd Excerpts

Tuesday 22nd March 2016 Westminster Hall

[Liz Saville Roberts]

I agree entirely. I will refer to what the Children’s Commissioner for Wales said anon and I hope that the Minister will be in a position to respond to her call as well as those we are making today.

The previous Secretary of State also said that the rationale behind making the redactions, as set out in the letters to the Secretaries of State by the Treasury Solicitor and the director general of propriety and ethics, “explain the reasons…fully”. However, I put it to the Minister that those justifications are weak and bland. I sympathise with the views expressed by victims and by the Children’s Commissioner for Wales, as just mentioned, who believe that the UK Government need to be more open about the process by which redactions were made. First, I ask the Minister to tell the House how many redactions were made in addition to those suggested by Lady Macur. Secondly, will he publish further information about why those additional redactions were made and what the process was in coming to a decision on them?

Especially alarming—possibly more so—are the numerous serious cases of missing or destroyed evidence at several different points during the various inquiries. Lady Justice Macur’s report refers to individuals who have implied in written evidence that they hold information about abusers who were not investigated by the police or the tribunal. She states that following an interview with—redacted name—she made a request for materials said by that person to be relevant to the review and stored by a solicitor. She goes on to say that that solicitor had since left the relevant practice and that the files in question were destroyed. She even says that the person at the firm dealing with her request recalled that, before the files were destroyed, the solicitor in question had visited the office and

“may have taken any documents he considered worthy of retention.”

The report states that the solicitor in question had failed to respond to correspondence from Lady Macur. Does the Minister consider that a satisfactory conclusion to that line of inquiry? Is simply ignoring correspondence until the problem goes away all one needs to do to get away with a crime? Even ignoring the allegation that the solicitor may have removed evidence, is the Minister satisfied that it would be standard practice to destroy recently archived data?

Unfortunately, that is just the tip of the iceberg when it comes to missing or destroyed evidence. The greatest cause for concern in relation to the process and documentation is of course the fate of the Waterhouse tribunal’s evidence originally handed over to the Welsh Office in 1998. Those documents—it says this in the report—were supposed to be archived securely for 75 years. That did not happen. The evidence received scant respect at the Welsh Office and it was then shuffled over to the Welsh Government.

This is simply a catalogue of data mismanagement: dependency on technology that becomes dated and corrupted; destruction of hardware and tapes; boxes of evidence in disorder; and a reference index that lists 718 boxes while only 398 were initially made available. It remains unclear how many boxes of evidence were finally handed over to Lady Justice Macur, but documents were still coming to light on 1 December last year. It should be noted that the report was presented on 10 December. That methodology does not instil confidence.

The significance of the destroyed computer database cannot be overestimated. That was the record of all documentation. Against that database, if extant, it would have been possible to come to a view as to whether significant evidence was present or missing. Macur states:

“It is impossible to confidently report that I have seen all the documentation that was before the Tribunal.”

We cannot therefore come empirically to an opinion on whether material has been lost, removed or concealed.

[Ann Clwyd (Cynon Valley) (Lab)]

I interviewed six young men some years ago in the Cynon Valley. Those boys were taken to north Wales, and that may be true of boys from other parts of south Wales as well. This is talked about as the north Wales abuse inquiry, but it is sometimes forgotten that the children came from all over Wales. Those boys’ reports were harrowing, as Members can imagine. It is an absolute disgrace that there are so many missing documents; I entirely agree with the hon. Lady. Where have they gone? Who is responsible? Lots of the evidence given to the Jillings report, which preceded the Waterhouse inquiry, has also gone missing. Where is it? Who did that, and what were they hiding?

[Liz Saville Roberts]

I agree. There is a history, as the right hon. Lady mentioned, of a loss of evidence associated with child abuse. I refer also to the Geoffrey Dickens dossier. I ask the Minister to consider whether victims and survivors of abuse in Wales—not only north Wales, of course—can, in all honesty, be satisfied with the findings of this report.

Now that the Macur review has been published, we are left with the overall lasting impression that documentation and process have been more important than securing justice for the victims and survivors of the abuse that was perpetrated, which should have been the overarching responsibility and purpose of the review. Symptomatic of that concern for documentation and process rather than for the victims and survivors of abuse was the failure to speak to them individually. The review held a public session in Wrexham in June 2013. The review’s website states that, on that day, Lady Justice Macur

“met privately with anyone who asked to do so”

and that the review

“met with numerous individuals with relevant information.”

However, I have spoken with one of the survivors, Keith Gregory, who is a point of contact for other victims and survivors of abuse, and he has informed me that arrangements for interviews were forgotten by the review.

Adding to the undermining of the victims and survivors of abuse are the definitions of “unreliable witnesses” and “multiple hearsay”. Those unfortunate terms were used at the time by people working within the Wales Office to dismiss those who had approached them to demand that attention be focused on investigating abuse that later turned out to be true and to be widespread. The terms are still in use today and are very potent.

It is unfortunate that, due to misguided and wild accusations that emanated from multiple investigations into prominent public figures, sympathy for the survivors and victims of historical child abuse has swung away from them to incorrectly accused individuals. Obviously, the cases of figures such as Lord Edwin Bramall and Harvey Proctor—this, of course, is relevant to news we have heard in recent days—have demonstrated the need to proceed with care and caution when investigations are carried out. However, the danger is that the popular and media perception focuses on sympathy for wronged figures at the expense of genuine victims and survivors. The sensationalist and prurient nature of the subject matter makes a good tabloid story, but surely society should make every effort to respect the suffering of all innocents caught up in both perpetration and accusation.

Ultimately, after reading the Macur review, I am left with the impression that many points still need to be explained and explored under the public gaze. I am particularly concerned about recommendation 5, which I do not interpret in the same way as the Secretary of State for Wales did in his statement last week. He referred to one alleged incident of criminal charges, but Lady Justice Macur’s recommendation seems far more wide-reaching. It concerns me that the Secretary of State appears to have been at pains to restrict the scope of recommendation 5, and I seek a further explanation of what steps will be taken.

The role of the Children’s Commissioner for Wales should be strengthened, which she mentioned in an interview on “Sunday Politics Wales” at the weekend. The commissioner, Sally Holland, called for greater powers, noting that the commissioner’s powers in relation to complaints, advocacy and whistleblowing should be extended to include any area that involves the abuse of children. Might I suggest the Government examine that point and perhaps, if appropriate, include it when they inevitably strengthen and revise the initial draft of the Wales Bill? Will the UK Government work with the Welsh Government to ensure that the Children’s Commissioner has the full range of powers she believes she needs to ensure the full and adequate protection of children?

The Children’s Commissioner also called for the Government to publish or explain information regarding who identified what number of redactions and in which chapter; that is an important point. We are aware that an unredacted copy of the review has been forwarded to the Goddard inquiry, but that will not report until the end of 2018 and will therefore be another long process for the survivors, who have waited for many years already. Victims and survivors need to know what the methodology and process for deciding upon redactions were; the Government owe them that. I note that the only politicians to have had sight of the unredacted version so far all belong to the Government. That does not seem right. It is also clear that there needs to be a strengthened status for evidence from child abuse inquiries, including its preservation, which is a wider point for any Government inquiry.

There undoubtedly needs to be a commitment to ensure that children’s voices are heard in the criminal justice system, in health and social care and in any other sector that involves the care of children and contains the potential for abuse. Rather than simply a platitude that seeks to soothe and reassure in the face of public anger and is then forgotten as time rolls on, we need to change the way in which children’s voices are heard during such processes, in concrete and administrative terms.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Wales (Guto Bebb)]

It is a pleasure to serve under your chairmanship, Sir Edward. I thank hon. Members for their warm welcome for my appointment to this position; it is appreciated. The hon. Member for Wrexham (Ian C. Lucas) made the point that this is not the baptism that one would have expected or anticipated, and this has been a difficult week of trying to get to grips with a very difficult subject area, but the way in which the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) has approached the debate and the way in which other hon. Members have contributed are to be applauded and are certainly appreciated from my point of view.

As a north Walian MP, I am acutely aware of the dark shadow that this issue has thrown over north Wales, and the rest of Wales for that matter, for far too long. Therefore, it is appropriate to congratulate the hon. Member for Dwyfor Meirionnydd on securing the debate and on how it has been conducted. All the contributions made by MPs from north Wales have shown the seriousness with which we want to approach the issue and the importance of ensuring that lessons are learned in order to ensure that we can give some clarity and confidence to the people in north Wales, in accordance with the comments made by the hon. Member for Wrexham.

[Ann Clwyd]

Not only in north Wales.

[Guto Bebb]

I accept that point. I also pay tribute to the right hon. Member for Cynon Valley (Ann Clwyd) for her work on these issues, and while I am paying tributes, I would like to say that the hon. Member for Dwyfor Meirionnydd is clearly following in her predecessor’s footsteps in highlighting concerns on this issue.

It is important that I try to respond to the questions that have been asked. It would be easy for me to comment on how the Waterhouse inquiry was established and the concerns about the Waterhouse inquiry. We could talk about how the Macur review was established and the concerns there. However, the key point is that I have limited time to deal with the questions that have been raised, so I will try to respond to all of them, and if I fail, I will certainly ensure that I write to hon. Members on those specific issues.

It is important to make this clarification at the outset. The hon. Member for Wrexham highlighted a degree of concern that the previous Secretary of State for Wales made the statement on Thursday and subsequently this debate is being responded to by the Wales Office. It is important to point out that the Macur review was jointly commissioned. In view of the fact that the original Waterhouse report was commissioned by the Wales Office and in view of the fact that this report was a joint commission, I think it is appropriate that the Wales Office responds, but clearly questions can be asked of both Departments. The Departments will consult each other in responding to any further questions from the hon. Gentleman; and clearly, if there are any omissions in the speech that I make today, further questions can be asked. The Departments will work together to try to give answers that will satisfy hon. Members in relation to the concerns that they have raised.

Clearly, the key concern highlighted by hon. Members across the Chamber this afternoon relates to redactions. Those concerns have been expressed not only by hon. Members, but by civil society in Wales and of course by the Children’s Commissioner for Wales. I am very pleased to be able to report that I have spoken this morning to the Children’s Commissioner for Wales. It is clearly appropriate that we take her concerns seriously. I will write, on behalf of the Department, to the Children’s Commissioner to respond to some of the concerns that she has expressed, and will highlight the reasons and the methodology, which have been provided in the public domain, in relation to why some of the redactions were undertaken. The Children’s Commissioner is more than welcome to put that letter in the public domain in due course. There is no intention whatever to hide from any of the questions in relation to redactions.

In responding fully on the issue of redactions, I think it is fair to say that this concern was raised before publication of the report, by the right hon. Member for Cynon Valley, and the statement was very clear that the redactions would be as minimal as possible. That is why, when we published the report, we also published the two letters: the letter from the Cabinet Office and the letter from the Government’s legal department explaining why there was a need to do some redactions in the report. It is fair to say that in the report Lady Justice Macur herself states that there are certain details that should be considered for redaction; and again, the important thing here is for me to try to explain on what basis those decisions were taken.

Clearly, the first reason for redactions, which is crucial and understood, I suspect, by all Members of the House, is that we would not want to do anything that would potentially compromise any ongoing police investigations and any criminal proceedings. It is clear that a tribute was paid in the main Chamber on Thursday to the work of the National Crime Agency through Operation Pallial. It would be a travesty of justice if the publication of names in the Macur report without being redacted properly were to threaten in any way, shape or form the possibility of further criminal investigations and further charges being levied. The danger is of undermining any further criminal proceedings, which would be a further betrayal of the needs of the victims in north Wales, who want to see justice done at the end of the day. In terms of redactions, it is clear that we have an obligation to ensure that nothing printed and published in this report could in any way, shape or form damage the possibility of any further criminal proceedings or of further legal action being taken as a result of criminal investigations that are now forthcoming.

I come now to the second category. Clearly, a significant number of names of victims of abuse have been redacted. That, again, is a legal requirement. We are required under the Sexual Offences (Amendment) Act 1992 to ensure that the identities of those who have suffered sexual abuse are protected; they have a right to anonymity. Therefore, those redactions have been done in order to protect people who have already suffered. It would be wrong to have people’s names dragged through the public sphere once more. Those people have already suffered so much as a result of the abuse that they suffered.

The redactions in those two categories have been overseen by Sue Gray, the director general of propriety and ethics in the Cabinet Office. The letter from Sue Gray was published at the same time as this report, so again, the reasoning behind the redactions was certainly communicated and will be communicated again to the Children’s Commissioner, as I stated.

The third category, which I suspect is the one causing most concern to hon. Members in view of the speeches that have been made, is those individuals who have been accused of abuse or speculated to be involved in abuse, who have not been subject to a police investigation, who have not been convicted of a criminal offence and whose name is not in the public domain in the context of child abuse. It is important to state that in the report Lady Justice Macur advises that the publication of those names would be

“unfair in two respects and unwise in a third.”

That is not the Government—not the Wales Office—it is Lady Justice Macur herself. She states:

“First, the nature of the information against them sometimes derives from multiple hearsay”.

I understand the concerns expressed by the hon. Member for Dwyfor Meirionnydd in relation to the use of hearsay, but again, that was not a recommendation coming from Government; it was from Lady Justice Macur herself. She also states that

“second, these individuals will have no proper opportunity to address the unattributed and, sometimes, unspecified allegations of disreputable conduct made against them”.

Again, that is a statement made by Lady Justice Macur. She continued,

“and third, police investigations may be compromised”.

Now, I have already touched on the issue of criminal investigations. We do have an obligation to highlight where we believe there is wrongdoing but we also have an obligation to ensure that we are not pointing the finger at individuals who might be completely and utterly innocent. We all know that there is a danger that publishing names without any specific allegations being made and without any specific justification could create a witch hunt, which is the last thing that a responsible Government or Parliament should be involved with.

It is important to highlight that the redactions were not undertaken to protect any individuals or to damage the report. They were undertaken to ensure the integrity of the report. I understand the concerns because, as a Member from north Wales, I read the report on Thursday in no way anticipating that I would be responding to the debate today. However, I think that the arguments presented by the Treasury Solicitor and by the Cabinet Office are not without merit. Indeed, I challenge hon. Members to state whether they believe that those arguments are incorrect.