Operation Midland: Henriques Report

Brandon Lewis Excerpts

Tuesday 13th December 2016 Westminster Hall

[The Minister for Policing and the Fire Service (Brandon Lewis)]

It is a pleasure to serve under your chairmanship, Mr Streeter, especially as you have effectively encouraged colleagues to intervene on me. Thank you for that.

As others have done, I congratulate my hon. Friend the Member for Aldershot (Sir Gerald Howarth) on securing this debate, and I thank him and others for the points that they have raised about this serious matter. I am grateful to all hon. Members for the quality of the debate, which shows Parliament at its very best. This subject is difficult and can be sensitive, but they have made their points clearly. I was going to say that if there is anything I do not touch on due to pressure of time, I will write to hon. Members, but I think we should have time to cover everything thanks to the tight speeches from the Opposition Front-Bench Members.

One of the difficulties with a debate such as this, as a couple of Members rightly mentioned, is getting the balance in the system, and understanding that there is a balance, that finds the correct line between making sure that people can come forward as complainants or victims—there is an issue about the definition of victims, which was raised by hon. Friends and is in the Henriques report—and judging that against the rights of the individual, ensuring that we have a system in which people have the freedom and confidence to come forward to make complaints in the first place.

One of the things the police force should be proud of—we should all be proud of this—is that we are seeing a rise in recorded crime, with the two main causes of that being the improvement in the quality of recording crimes and the number of people who have had the confidence to come forward that was not there before. We need to ensure that we retain that while we ensure that the police and criminal justice system have the credibility we all want them to have so that when an allegation is brought forward that has no substance and no finding, the police deal with it effectively and efficiently as well. I will now come to that issue, which is at the core of the debate.

I want to be clear at the outset that I am not going to defend—nor could I—the actions of the Metropolitan Police Service in this case. We in Government share the deep concerns that hon. Members have articulated so clearly during the debate and those about the Metropolitan police’s handling of non-recent sexual abuse allegations, including Operation Midland. The Metropolitan police’s credibility in dealing with child sexual exploitation generally was highlighted and clearly shown to be well below the standard it should be in the recent report by Her Majesty’s inspectorate of constabulary, which, to quote Sir Tom Winsor, is about the worst report that it has ever written about any police force in the country.

We recognise the anguish felt by those who had their reputations traduced by allegations that were subsequently discovered to be unfounded, and I empathise with them. To be unjustly accused of any crime, and, as the hon. Members for Rochdale (Simon Danczuk) and for Dumfries and Galloway (Richard Arkless) outlined, especially of a crime such as this, is a terrible experience for any individual. For that trauma to be exacerbated by police failures and behaviour is an affront to our criminal justice process and it should not happen.

Sir Bernard Hogan-Howe, to his credit, was right to ask Sir Richard Henriques to carry out the independent review, but now he must stand up to the findings of that review. It sheds a light on the errors made by his force in carrying out the investigations. He has been frank in acknowledging the failings of the Metropolitan Police Service, and he, and I would say also his successor—I hope that he will deal with this so that it is not an issue for his successor to pick up next year—must not shy away from a proper consideration and response to Sir Richard’s recommendations or from taking all action necessary to ensure that that litany of errors never occurs again. I do mean all action necessary, and I will come to the detail of that in a moment. It is imperative that that is done without shying away from it at the earliest opportunity.

The Metropolitan police are now consulting on the recommendations with the National Police Chiefs Council, the Mayor’s Office for Policing and Crime, the College of Policing and statutory and voluntary partners in the criminal justice system. I urge all parties involved in that work to consider the recommendations swiftly and decisively. They must learn the lessons from the failures. Investigations into allegations around sexual offences must be carried out professionally and appropriately for both parties.

[Mr Julian Brazier (Canterbury) (Con)]

Having benefited hugely from particular kindness from both Field Marshal Lord Bramall and Lord Brittan, may I suggest, as colleagues have, that it is not just about learning lessons? Those who were responsible for the disgraceful behaviour on the day and the failure to follow up afterwards must be identified.

[Brandon Lewis]

My hon. Friend makes a good point that the review deals with. I will come specifically to that in a moment.

This problem will not go away. Reports of child sexual abuse are increasing year on year and our public must have confidence in the system and that their police force—whoever and wherever that is—will handle those cases appropriately. However, again, that works both ways. Members have noted the case of South Yorkshire police and Sir Cliff Richard and how that was dealt with. That is a great example of how to do it badly and in a way that brings the entire police force into disrepute.

In order to wield the power, the police have to take investigations forward properly and appropriately; they have to understand the adage that with great power comes responsibility. At what point could anyone take the view that it is appropriate to carry out a raid with the BBC or any media outlet in tow?

[Sir Gerald Howarth]

Like my hon. Friends, I find the behaviour of the police and the BBC completely inexplicable. What action has been taken? What reprimands have there been? Has anyone been sacked? Can the Minister tell us?

[Brandon Lewis]

My hon. Friend may be aware that there have been changes in the leadership at South Yorkshire police, and work is being done there to look at how they act. One of the other things we are doing to ensure that action is taken more widely nationally is to look at some issues that the Home Secretary has raised. I will come to that in just a few moments.

Today I have spoken to the national policing lead, Simon Bailey, who will be coming to see me before Christmas to discuss the recommendations of the review and the work that the police are doing more generally in response to these serious issues. There is also the issue of compensation for those who feel that they have been poorly treated and who have seen their reputations tarnished by the Metropolitan police force. As Members have said, that is important.

Of course, as we have taken power from the centre and moved it into police forces, it is for the Metropolitan police to address any claims for compensation that arise from the report’s findings and the general issues around such cases, particularly the Harvey Proctor case. I am sure that the House will agree that money cannot give someone back their previously unsullied reputation; nor can it give back the months, if not years, of anguish and turmoil they will have suffered. It does however at least provide some recognition of failure and responsibility, and recompense for the cost that people have suffered. That is something on which the police must focus. I am seeing Sir Bernard Hogan-Howe next week, when I will raise that issue and what the Metropolitan police are doing in that case. I assure the House that I will treat these matters with the utmost seriousness in raising them with him, and indeed in the conversations that I will have with the national police lead.

[Richard Benyon]

The Minister has rightly talked about maintaining the right balance, and he is making a powerful speech. However, if a member of a team going to search an individual’s house knows that what they are being asked to do is intrinsically wrong, what mechanisms exist in the police? I am mindful that the police have to maintain good order and discipline and cannot have people questioning them and going to the press, but there must be a hierarchical system in which an individual can say, “This is wrong. Something has to change.”

[Brandon Lewis]

I will come in a second to how the police should be dealing with those issues and going about their investigations, but, in terms of something happening whereby a member of the force sees something is wrong, in the first instance we should have a police service in which any member within it has the ability and confidence to come forward to the hierarchy of that service with a complaint and an outline of where things are going wrong. However, going beyond that and realising that we live in the real world and that in some hierarchical organisations, no matter how much we want it to be different, people feel that they cannot do that, in the Policing and Crime Bill that is going through Parliament we are giving more power to the Independent Police Complaints Commission so that it can take things up directly to give better protection to whistleblowers.

[Sir Peter Bottomley (Worthing West) (Con)]

rose—

[Sir Gerald Howarth]

rose—

[Brandon Lewis]

I give way to my hon. Friend the Member for Aldershot.

[Sir Gerald Howarth]

Detective Chief Inspector Settle did precisely that. He said that he thought the inquiry should go no further. What happened to him? Basically, he was destroyed. I do not think any legislation that my right hon. Friend can put on the statute book will remedy what has happened, which is a failure of leadership in the Metropolitan police.

[Brandon Lewis]

I will give way to my hon. Friend the Member for Worthing West (Sir Peter Bottomley) and then deal with both issues.

[Sir Peter Bottomley]

The Minister is helping the debate, but may I pursue the point made by my hon. Friend the Member for Newbury (Richard Benyon)? Rather than having to go to the extreme of whistleblowing and making a formal complaint, why cannot someone say to their leading officer, “What on earth are we doing? Who told you to do this? Why are we doing it? Explain it.” I can do that with my Whips. Why cannot they do that with their inspectors?

[Brandon Lewis]

I am sure that the members of the Government Whips Office will be delighted to hear that my hon. Friend feels rightly confident in having that conversation with them. He is right; that is exactly what should happen. However, through the Policing and Crime Bill we are trying to recognise that from time to time, as much as I wish it were not the case, there may be an officer who feels for whatever reason that they cannot go down that route and effectively act as a whistleblower. I will come on to how that should be handled going forward in more detail in just a few moments.

I will turn to some of the specific issues raised during the debate, but hon. Members will be aware that I cannot comment in detail on some of the specifics of Operation Midland, or indeed on individual cases associated with it. It is inappropriate for the Government to comment on operational matters such as those. Additionally, I am sure hon. Members are aware that action is being taken by the Independent Police Complaints Commission, which I will outline, as a result of some of the failings identified in the review.

Five Metropolitan Police Service officers, ranging from a detective sergeant through to a deputy assistant commissioner, have been referred to the IPCC. Indeed, the individual who originally made the allegations that Operation Midland focused on is also being investigated by an outside force for attempting to pervert the course of justice. To that end, I hope the House appreciates that I am constrained by various ongoing proceedings, but I am happy to continue and to outline some further wide-ranging points.

On the publication of the report, to which my hon. Friend the Member for Aldershot referred in his opening remarks, I believe that there should be a presumption in favour of transparency in a situation like this. It is to the commissioner’s credit that he commissioned this report, and I will discuss his plans for publishing it when I see him next week. There is a balance to be found between considering any legal implications of sensitive and confidential material in the report and publishing that material, which is an issue I know the commissioner has to look at. I will discuss that with him next week. In the first instance, we and the Metropolitan police should look to be as transparent as possible.

I understand the views of Sir Richard Henriques and Sir Bernard Hogan-Howe on whether the police should “believe” all victims. I cannot be clearer on the matter than by reiterating the words of my right hon. Friend the Prime Minister, who was then the Home Secretary. She said that the police should focus on the credibility of the allegation, rather than on the credibility of the witness or victim. That has to be right, but as was said earlier, it works both ways in terms of how the police deal with these issues.

The position of the National Police Chiefs Council—I spoke to Simon Bailey about this earlier today—is that officers and staff must approach any investigation without fear or favour, and must go where the evidence takes them. I understand that Simon Bailey clearly made the point to Sir Richard Henriques, as he was putting together his report that outlined how many claimants’ allegations tend to be baseless, that once the victim has come forward, that case and its investigation must be undertaken without fear or favour to get to the bottom of whether that allegation is correct. If it is, it should quite rightly be followed through to its finality, which the police are required to do by the code of practice of the Criminal Procedure and Investigations Act 1996.

The evidence of the victim is just one part of an investigation; “believing” victims, or even referring to them as such at the point of disclosure when recording the crime, as opposed to complainants, should not and must not interfere with that. However, we need a system under which people who believe they are a victim feel confident and free enough to come forward in the first place. I am sure we all wish to see that continue. As with the rest of Sir Richard’s recommendations, I know that the Metropolitan police, the Mayor’s Office for Policing and Crime, the College of Policing and the National Police Chiefs Council are looking closely and carefully at that, as they must, in order to respond fully.

[Richard Benyon]

Lord Dear made an important interjection on this issue in the other place. He said that the loss of the Police Staff College has had an impact on decision making and leadership. Does the Minister agree, and are there plans to put something like it in its place?

[Brandon Lewis]

I understand why Lord Dear made that point; I met him recently and he outlined his thoughts. However, we now have the College of Policing, which is working to make sure that we have the standards and the sharing of best practice in place. That is exactly what the college is there for.

The Home Secretary recently announced the development of a licence to practise for child sexual abuse investigators, as hon. Members outlined earlier. That will ensure that only qualified officers are carrying out those complex investigations and in the correct and appropriate way, and are hopefully dealing with some of the issues raised earlier. As a Government, we have done more than any other to lift the lid on what are heinous crimes. We have acknowledged the painful treatment endured by victims and by those wrongly accused. We have to make sure that we get that balance right. Similarly, we have to acknowledge the pain endured by those who have suffered sexual abuse and whose voices went unheard for such a long time. We saw that with the revelations relating to Jimmy Savile several years ago, and we are sadly seeing it again now with the appalling scale of allegations of abuse within football, as was noted earlier.

Child sexual abuse is a despicable crime. We have to do everything in our power not only to prevent it from happening but, where it happens, to root it out, deal with it and bring people to justice. We have been consistently clear that, where abuse has taken place, victims must be encouraged to come forward and have their allegations reviewed thoroughly and properly investigated so that people can be brought to justice. Again, that has to work both ways. To have confidence in the system, both the victims and the accused must have confidence that they will be treated with respect and will be brought to justice where appropriate.

In the case of Operation Midland, the Metropolitan police is clearly guilty of serious errors, as we heard earlier. Those failures must not be allowed to undo so much of the good work that we and they have done in recent years in giving that confidence to victims, survivors and the wider public to ensure that the police take these crimes seriously. Victims should—and increasingly do, as we have seen with the football scandal—feel able to come forward, to report abuse and to get the support that they need. In ensuring that that continues, we must not turn a blind eye to when the police get it wrong. In this instance they got it wrong, and they must stand up to that.

I again thank my hon. Friend the Member for Aldershot for raising these important issues in such a powerful way, along with other right hon. and hon. Members. I hope that I have been able to assure hon. Members on the Government’s position; I will update them further following my meetings over the next week.