(5 years, 10 months ago)
Lords ChamberI absolutely recognise the strength of feeling from noble Lords, particularly in relation to those who have died and are not here to speak for themselves. Of course, if those individuals are dead, any inquiry that might be conducted would obviously depend on the evidence brought before it. The police are operationally independent of government and we must recognise that. The Government would step in only where all other avenues had been exhausted.
My Lords, Operation Conifer spent two years and £1.5 million conducting a range of interviews with those who had known Sir Edward Heath or worked for him, and produced not a scintilla of evidence to support allegations of child abuse. The operation examined 42 such allegations; 35 of them were dismissed out of hand. Seven allegations remained on which those involved said they would have wished to interview Sir Edward Heath had he still been alive; those remain, as it were, open and unresolved. It is now evident that four of those allegations are baseless and it seems highly likely that the other three are equally baseless. One can only speculate on why the Wiltshire Police decided to leave them unresolved. Is it not a reasonable measure of justice that somebody should examine these seven allegations to confirm that there is no reality to them and to clear the suspicion that has been hanging over Sir Edward Heath since the Wiltshire Police publicly instituted its investigation in 1915?
I think that the noble Lord might have meant 2015 but I absolutely take his point. A review, which of course it would be open to the PCC to instigate, may consider whether any of the allegations that he talks about—the remaining six—would have justified a decision by the Crown Prosecution Service to prosecute. But as I said to the noble Lord, Lord Campbell-Savours, the ability of the reviewer to do this would depend on the evidence that was brought forward.
(6 years, 4 months ago)
Lords ChamberI totally appreciate my noble friend’s point, but when he talks about this not being natural justice, Ted Heath has not been convicted of anything. Of course he has not; he is deceased. But there is a mechanism to go forward, if an inquiry wishes to take this forward, through the PCC and he is within his powers to do so.
My Lords, the Minister said that the Government will not mount an inquiry while there were other ways of doing so. The police and crime commissioner has, regrettably, refused to do so. What other ways are available at present?
There is the mechanism that the PCC is elected, and the people will take a view on how he performs his role when it comes to his future election.
(6 years, 4 months ago)
Lords ChamberMy Lords, let us not forget that there has never been any inference of Sir Edward Heath’s guilt, but I totally understand the concern of my noble friend and the House on this matter. We believe that the PCC has the authority to commission such a review, if he considers it necessary or appropriate.
Is the Minister aware that the police and crime commissioner for Wiltshire and Swindon has consistently said that he would like to see an independent review of Operation Conifer? He has been advised that such a review could be commissioned either by the Independent Inquiry into Child Sexual Abuse—IICSA—or by him. IICSA has declined to undertake the task, making it clear that it is beyond its remit to review investigations of allegations of child abuse by individuals. Would the Minister now welcome a decision by the police and crime commissioner, who is the officer to whom Wiltshire Police is answerable and accountable, to set up an independent review without further delay?
My noble friend is absolutely right that IICSA is mainly looking into institutional failures when it comes to historical child sexual abuse. It is also absolutely true that the PCC himself could engineer such an inquiry. I am sure that he will be aware of the views of your Lordships’ House, which time after time has pressed for that to happen. He should also be aware of what his powers are as an elected representative.
(6 years, 10 months ago)
Lords ChamberMy Lords, I beg leave to ask a Question of which I have given private notice.
My Lords, we are very clear that the police are operationally independent of government. It is quite right that chief officers should decide how best to fulfil their duty to the public and it is for the locally elected police and crime commissioner to ensure that chief officers are held to account for properly conducting their investigations. The vital principle at the heart of British policing is that the police can carry out their duties independently and make decisions free from political influence. As such, the commissioning of any independent review, judge-led or otherwise, would be a matter for the police.
My Lords, the Minister has used that argument before, while the operation was still in progress, but it will not wash now that it is concluded and we have to deal with its consequences. Edward Heath’s reputation has been under a cloud of suspicion since August 2015, when an officer of the Wiltshire Police made an ill-judged public appeal outside Sir Edward’s house in Salisbury for victims of child abuse by Sir Edward Heath and others to come forward and make themselves known to the police.
The report of the investigation published last Thursday, more than two years later, does nothing either to justify or to dispel that suspicion since it leaves unresolved seven allegations on which the police say they would have interviewed Edward Heath, had he been alive. As he is dead, the normal provisions and processes of the law are not available to resolve the matter, and the cloud of suspicion remains hanging in the air indefinitely.
Justice delayed is justice denied. The dead deserve justice no less than the living. Does the noble Baroness not agree that the best—perhaps the only—way of arriving at some finality of judgment would be to set up an independent review of the police investigation by a retired judge with unrestricted access to all the evidence collected by the police?
My Lords, on the first question, the police officer’s comments outside the home of Sir Edward Heath were probably ill judged. Matters of police conduct can be referred to the IPCC, and I understand that the Sir Edward Heath trust has done that. It was stated that Sir Edward Heath would have been interviewed under caution, but the bar for being interviewed under caution is very low and, as the report said, it in no way implies guilt on the part of Sir Edward Heath. As for the cloud of suspicion and whether an independent inquiry should be held, Operation Conifer is, as I have said, an independent police investigation. It is not appropriate for government Ministers to comment on an operationally independent investigation. Any decision to follow this by an inquiry would be a matter for the chief officer.
(6 years, 11 months ago)
Lords ChamberMy Lords, the Government will leave it up to the inspectorate to determine the use of funds and whether they are proportionate; they should be.
My Lords, the noble Baroness recently told me that it was absolutely right to commission an independent review of Operation Midland, the operation by the Metropolitan Police to which reference has already been made. Does she agree that it would be no less absolutely right to commission an independent review of Operation Conifer, Wiltshire Police’s investigation of allegations relating to the late Sir Edward Heath, given the concerns expressed about the conduct of that operation?
My Lords, I hear those concerns and I recall the comments that the noble Lord has previously made and written to me, and to the Home Secretary. I am sorry to reiterate the point but the police are independently operational of the Government, so it would not be appropriate for me to comment on a particular case. We are absolutely clear that, where allegations are made, they should be thoroughly and professionally investigated so the facts can be established.