Independent Inquiry into Child Sexual Abuse

Baroness Barran Excerpts

Thursday 20th December 2018 Lords Chamber

[Baroness Barran (Con)]

Before I respond to noble Lords’ excellent and moving speeches, in the interests of transparency I would like the House to note that in the past I met, in her capacity as an inspector at HMIC, one of the panel members of the IICSA before she joined the panel. In the past I have also met professionally two of the members of the Victims and Survivors’ Consultative Panel. On a personal level, many members of my husband’s family and one of our children went to Downside School, which has obviously been subject to one of the strands of the inquiry.

I start by thanking all noble Lords for their contributions. I will do my best to address the points that they have articulated so passionately throughout the debate but, before doing so, I hope they will find it helpful if I recap on the scope, role and progress of the inquiry and then focus in more detail on the subject of the noble Lord’s Motion.

Some serious questions were raised by a number of noble Lords about the approach of the inquiry, including suggestions that there was a presumption of guilt and the need for cross-examination. I remind your Lordships that the primary purpose of the inquiry is to establish the facts, and therefore it should be inquisitorial rather than adversarial in nature. I understand that that is in line with the findings of the 2014 House of Lords Select Committee’s post-legislative scrutiny of the Inquiries Act 2005, which concluded that,

“an inquisitorial procedure for inquiries is greatly to be preferred to an adversarial procedure”.

It concluded that the Inquiries Act 2005 provides the right procedural framework for an inquiry to be conducted,

“efficiently, effectively and above all fairly”.

[Lord Winston]

I should be grateful if the noble Baroness would give way. I am not a lawyer, so I ask this in genuine innocence. I am not sure that the terms “inquisitorial” and “adversarial” are always in the best interests of justice in cases such as these. I am sure that it is possible to cross-examine somebody without necessarily being adversarial, trying instead to tease out what works and what seems to be the most likely truthful path. I do not suggest for a moment that one wants to humiliate somebody who claims to have been abused. I hope that we can try to seek the truth, using our intuitive judgment rather more successfully than we might by simply listening to an account which is not properly contested. That is a very real issue in cases such as these because many people feel that they have been very badly damaged, although the probability is that in many cases they have not been.

[Baroness Barran]

That makes two of us, as I am not a lawyer either. I hear the noble Lord’s concerns, but I think the approach of inquiries, as set down in the Inquiries Act 2005, has been reviewed and endorsed by your Lordships’ House. The Government do not see a need to make special provision for how inquiries into specific matters, such as child sexual abuse, are carried out.

[Lord Campbell-Savours]

Does the Minister think it is fair that uncontested evidence should be given in the public domain and go out in the national media?

[Baroness Barran]

I do not think my personal view on this is relevant. I understand the inquiry is being carried out strictly in accordance with the legislation that allows that to happen.

The Independent Inquiry into Child Sexual Abuse, as your Lordships know, was set up by the Government in March 2015 to consider the extent to which state and non-state institutions have failed in their duty to protect children from sexual abuse and exploitation, and to make recommendations to protect children from such abuse in future. As a statutory inquiry, it is underpinned by the Inquiries Act 2005 and has been given the powers it needs to expose the ways in which institutions failed in their duties to provide safe spaces for children and to get to the truth. As many noble Lords have noted, shining a light on these wrongdoings is of paramount importance, matched by the need to ensure that these failings are addressed and mitigated so that children are better safeguarded in future.

Noble Lords well know that the inquiry is independent of the Government, and rightly so. This inquiry is about people who suffered sexual abuse and exploitation as children because of the failure of state and non-state institutions and who for years have never found justice—people who believe that the state failed to listen to them in the past. That is why it is absolutely crucial that this inquiry is, and is seen to be, completely independent.

Under the Inquiries Act, the then Home Secretary agreed the terms of reference that set out the roles and responsibilities of the inquiry, and it is for the chair and panel to decide what the inquiry investigates and how. It is therefore not appropriate for me to use this debate to comment on the investigations of the inquiry, or to be seen to influence how the inquiry has interpreted its terms of reference. However, I can use this opportunity to remind noble Lords of the progress that the inquiry, chaired by Professor Alexis Jay, has been making in getting to the truth for victims and survivors.

The inquiry has confirmed 13 strands of investigation and has set out a timetable of public hearings that takes it up to February 2020. It has rolled out its Truth Project, providing victims and survivors with the opportunity to tell the inquiry what has happened to them. The inquiry has said that almost 2,000 accounts of child sexual abuse have been shared with its Truth Project so far. Over 200 individual victims and survivors are complainant core participants in the inquiry, as well as a number of other survivor groups and institutions.

In April 2018, the inquiry published an interim report in which it confirmed that it expected to make substantial progress by 2020. The inquiry also made a series of wide-ranging recommendations for change. Yesterday, after careful consideration, the Government published their response to the interim report. I am pleased to say we will take forward the great majority of the inquiry’s recommendations, and I am particularly pleased to note that the Government will establish a scheme to ensure that former child migrants receive a payment as soon as possible in recognition of the fundamentally flawed nature of the historic child migration policy.

The noble Lord, Lord Campbell-Savours, raised concerns about whether it is too easy for those alleging abuse to receive compensation from the Criminal Injuries Compensation Scheme. The inquiry is looking at the issue of compensation in some detail—although I fear the noble Lord may not be entirely pleased. The interim report rather highlighted barriers faced by victims and survivors when applying for compensation, including concern that some eligibility criteria have an unfair impact on them. For example, the inquiry reports that those with unspent criminal convictions are excluded from claiming compensation from the scheme in most cases, yet inquiry research also shows that some victims and survivors may commit criminal offences that can be directly attributed to the abuse they suffered, perhaps because it was encouraged by a grooming abuser—I am thinking particularly of the cases of the girls in Rotherham, with which the noble Lord is familiar. The Government have announced a review to consider whether the Criminal Injuries Compensation Scheme remains fit for purpose, and will consult publicly in 2019. I understand that in the past there have been instances where there has been abuse of the scheme.

This inquiry and the progress made would not have been possible without the strength of those victims and survivors who have been affected by child sexual abuse, and have come forward to give evidence, as noted by the right reverend Prelate the Bishop of Chichester and the noble Baroness, Lady Chakrabarti. We offer our continued support and sympathies for them. We also recognise the role of Professor Alexis Jay in leading and making progress with the inquiry.

While progress is being made, as the inquiry’s timeline for public hearings highlights, there is still much work for the inquiry to do as it continues to expose what went wrong, but also setting out how we can provide a safer future for children. Of course, the Government acknowledge that any investigation or inquiry of this type will have an impact on individuals who are alleged to have sexually abused children, as well as their family and friends. Many noble Lords have put that case most clearly this evening. The inquiry has protocols for restriction orders and redaction of information that may identify individuals within the material it discloses to core participants and potentially to the wider public, and these are published on the inquiry’s website.

On the issue of police releasing names to the media before a charge has been made, as raised by the noble Lord, Lord Paddick, this is covered by the College of Policing guidance on media relations, which has recently been updated to make it absolutely clear that it also applies to the release of names of deceased persons.

I understand that noble Lords have concerns about some aspects of the inquiry’s work, yet I urge the House to note the vital work of the inquiry and how crucial its independence from government is to its success.

I now turn to the noble Lord’s Motion to acknowledge the inquiry’s handling of evidence and the concerns raised by many of your Lordships, since this is the largest public inquiry of its kind. The inquiry is clear on its website that,

“Written and oral evidence … will include testimony from core participants who allege that they are the victim and survivor of sexual offences”,


and who are referred to by the inquiry as complainant core participants. I appreciate that this concerns some noble Lords. However, as the Government and the inquiry have been clear throughout, the inquiry’s focus is deliberately on the conduct of institutions and how any allegations were dealt with. At the risk of repeating myself, it is not for the Government to interfere with how the independent inquiry conducts its investigations.

The inquiry is receiving evidence and documentation from victims, survivors, government departments, police forces, churches, schools, local authorities and many other state and non-state institutions across England and Wales. It has held public hearings in relation to eight of its investigative strands, and has received over 158,000 documents, totalling over 1.7 million pages of A4. It is clear that the task the inquiry faces is significant. It has published on its website all the protocols it follows for the handling and publishing of documents. When the inquiry is closed down, the evidence will be transferred to the National Archives.

Several noble Lords raised the issue of false allegations and unproven allegations. False allegations are obviously an extremely serious matter, and accusers could be prosecuted for perverting the course of justice. Obviously, that would be up to the police to decide in each individual case. Where noble Lords feel that allegations are unproven, that information should be shared with the relevant police force.

In response to the points made by the noble Lord, Lord Campbell-Savours, on the single-strand aspect with regard to Lord Janner being named, I really do recognise and respect the strength not just of his feelings on this subject but of those of many other noble Lords who have spoken. However, I again remind the House that the inquiry’s focus is on the conduct of institutions and how allegations were dealt with. It is not looking into specific allegations of child abuse made against any particular person, living or dead. The position on this particular investigation into the handling of accusations about Lord Janner was revised, and refocused on the institutional failings, as was set out in the notices of determination published in April and May 2017. I understand that this position is being kept under review.

I hope I understood the point raised by my noble friend Lord Finkelstein correctly. On the timing of the public hearing of this strand, the chair has indicated that it will come after the conclusion of the criminal investigations into Leicestershire Police.

My noble friend Lord Hunt asked why the inquiry was not looking at the seven outstanding allegations in relation to Sir Edward Heath but was looking at the case of Lord Janner. I hope that I have addressed that question; indeed, I feel that the noble Lord partly addressed it himself, in clarifying the fact that the inquiry is there to examine institutional failings—and it is those failings that it plans to look at in relation to Lord Janner.

My noble friend Lord Lexden asked about the need for an investigation into the seven outstanding allegations against Sir Edward Heath. I am sure that he will not be surprised to hear that the Government’s position remains unchanged from the recent debates and Questions on this subject and is set out in the letter from my right honourable friend the Home Secretary to the noble Lord, Lord Armstrong of Ilminster.

[Lord Lexden]

Will my noble friend kindly bear in mind what I said about the inadequacy, the undue brevity and the incompleteness of the points made in that letter?

[Baroness Barran]

I thank the noble Lord for asking me to clarify that. I was going to say that I am unable to confirm at this stage whether my right honourable friend the Home Secretary is preparing a letter but I confirm that, as I reported to the House earlier this week, I wrote to him with a copy of the Hansard of the earlier debate.

I recognise the strength of feeling of distinguished public servants regarding both the accusations they face and the approach of IICSA and other inquiries. As was said very eloquently by the noble Baroness, Lady Chakrabarti, reputation is an important and sensitive issue. I thank noble Lords for their contributions on this matter and for noting the progress of the Independent Inquiry into Child Sexual Abuse. Several noble Lords spoke about the need to speak up for those who cannot speak for themselves; your Lordships have done that today most eloquently. Equally, I trust that your Lordships recognise that the inquiry is playing a crucial role in giving a voice to victims of historical abuse, exposing institutional failings and identifying steps to protect children now and in the future. I urge this House to give the inquiry the support it deserves.