James Bulger Murder: Public Inquiry

George Howarth Excerpts

Monday 25th March 2024 Westminster Hall

[Sir George Howarth (Knowsley) (Lab)]

I beg to move,

That this House has considered e-petition 206851 relating to a public inquiry into the James Bulger murder case.

I am pleased to serve under your chairmanship, Mr Henderson. I thank the Petitions Committee for granting this opportunity to debate the petition, which refers to the concerns that people, particularly James Bulger’s family, have about what has taken place since James’s brutal murder on 12 February 1993 and their belief that there have been failures in the system.

The petition, signed by 213,624 people, over 8,000 of whom are from Knowsley, was in place in 2018, but has been subject to a lengthy delay because of a Parole Board hearing in relation to further offences committed by one of James’s killers, known at the time as Jon Venables, which was judged to render any debate on the subject sub judice. Now that the Parole Board has rejected Jon Venables’s application for parole, I am grateful that this debate can now take place.

I intend to begin by reiterating the sickening and tragic circumstances of James’s murder. I apologise in advance that those listening will find it harrowing to hear this account of what happened, but it is necessary to remind ourselves why this matter is so visceral, and consequently there are questions, the answers to which are long overdue.

Jon Venables, then aged 10, together with another child of a similar age, abducted two-year-old James, took him to a railway line and savagely murdered him. Denise Fergus, James’s mother, described in her book “I Let Him Go” what occurred on the shopping trip to the Strand shopping centre in Bootle on the day that James was abducted. She said:

“The shopping centre was packed full…James couldn’t believe his luck that for once he was in among the crowd. I held on to his hand but inevitably he would run a yard or so ahead of me, always where I could see him.”

The shopping trip concluded with one last stop, a butcher’s, which is where the abduction took place. In her own words, she describes in the book what then occurred:

“There has been so much written about what happened…and so many opinions given, but I want to make one thing clear: I absolutely did not leave my baby outside the butchers on his own—I would never have done that. He was with me and holding my hand as we went inside. The only time I let go of his hand was to pay for the chops I had bought, and he was standing right beside me. I picked out the meat I wanted and took my bag from my shoulder, got my purse out, opened it to count the…money and, when I looked down, James was gone.”

She goes on:

“There were rumours that circulated afterwards that I had been shoplifting with my mum. Firstly, I have never stolen anything in my life and, secondly, my mum wasn’t even with me on that day. If extra proof was needed, my whole shopping trip was captured and examined frame by frame once the police went through edited CCTV footage. It clearly shows that before 3.39pm I was shopping and after 3.39 my world came crashing down as I frantically tried to find my boy.”

Two days passed, with James’s family understandably in extreme distress as the police and family members searched for James, having found additional CCTV footage that showed he had been taken away by two older boys. On the Sunday following James’s abduction, Denise was called to attend a police station. After an agonising 40-minute wait, one of the police officers investigating the case, Geoff McDonald, told her, “We’ve found him, and it’s not good news.”

As the MP for the area, I was as appalled as everyone else locally, but the wave of public horror was nothing compared with the trauma experienced by James’s family. To lose a child at any time goes against the natural order and against the expectations of any parent, but to do so in such harrowing circumstances is indescribable.

Subsequently, the two boys who had abducted and killed James, Robert Thompson and Jon Venables, were arrested, prosecuted and found guilty. During the ensuing years, many questions and frustrations about how matters have since been dealt with have been raised. I will refer to some of those questions later. In the meantime, I want to place on record a statement that Denise has helpfully provided me with:

“'Honourable Members, I ask you with a mother’s heart to consider the questions and the pleas I have laid before you. Try to understand that no mother can simply accept that errors were made or that crucial facts were brushed under the carpet in the case of my child’s murder. For 31 years, I have fought tirelessly—not because it will bring my precious James back, but because he, and every child like him, still deserves justice.

This isn’t just about the past; it’s about the future. It’s about ensuring that no other family has to endure a similar ordeal, that no other child’s life is undervalued by the justice system. We have the power to make changes, to right the wrongs, and to honour the memory of those we’ve lost by protecting the innocent.

Please, I beseech you, take these matters to heart. Consider the impact of these errors and omissions, not just on my family, but on the integrity of our justice system. James’s voice was silenced too soon, but through your actions, his legacy can be one of change and hope.”

As I mentioned earlier, I have some questions for the Minister, and look forward to his response. First, why was the evidence gathered by Merseyside police indicating that Thompson and Venables sexually assaulted James prior to killing him not presented at the trial at Preston Crown court, or to the Parole Board when Venables was released in 2001 and again in 2013? Who made those decisions?

Secondly, Venables’s 2010 conviction for possession of extreme child pornography proves his sexual interest in children. Was that sexual interest in children missed by all the experts, or was it known? Thirdly, was proper consideration given to the attempted abduction of another child earlier on the day that James was murdered—indicating premeditation—at the trial and, later, at the parole hearings? Fourthly, were Thompson and Venables pronounced rehabilitated in order to avoid them entering adult custody, without proper regard to the potential risk posed to children? What representations did Lord Chief Justice Woolf make to the Parole Board?

Before I conclude, I would like to cover a couple of points. First, although not directly related to the petition, a few comments in some of the media coverage of events at the time of James’s murder and since have been unacceptably intrusive in respect of family members. At the time, in breach of the guidance from the then Press Complaints Commission, the intrusion into private grief was callous and cruel. In principle, there is a remedy available by means of a formal complaint on those grounds. However, many people affected are understandably wary of using that, as a published apology in print is usually small, hidden and accompanied by a repetition of the original intrusion. Breaches should incur heavy penalties on media outlets.

Secondly, the question I referred to earlier exposed the fact that the initial response, whether judicial or on the part of Departments, often becomes increasingly opaque and confusing as new information comes to light. A good example of that problem can be found in the Government’s response to the petition, which unfortunately is both overly defensive and vague about how the transparency of Parole Board decision making could be increased and how its decisions could be challenged.

In February 2010 Jon Venables was recalled into custody, following which Sir David Omand was commissioned to conduct a review into the handling of the Jon Venables case between 2001 and 2010. Sir David concluded that the case management of Jon Venables’s case more than met the national standards laid down for the supervision of serious offenders in level 3 multi-agency public protection arrangements. He further concluded with reference to the further serious offence:

“Events classed as low probability do unfortunately… happen despite everyone’s best efforts—that is the difference between low risk and no risk.” I should say that I know Sir David personally and have great respect for his public service over the years. His conclusions, however, inevitably reflect the narrow terms of reference that he was set. As the helpful House of Commons Library debate pack points out, for example, the terms of reference

“did not extend to Venables’ time at the Red Bank secure unit”,

and the review

“did not, therefore, examine allegations reported in the press”

that Venables had had an inappropriate relationship

“with a female member of staff at the unit”.

The petition calls for a public inquiry to best address the issues that remain to be cleared up. On the basis of the Government’s response to the petition, regrettably, it seems unlikely that a public inquiry will be granted. If I am correct in that assumption, I would ask the Minister to consider what alternative might be appropriate. I do not expect that he will be in a position to do so today, but I urge him to give the matter serious consideration, because it is important that those questions and concerns are answered as fully and comprehensively as possible.

[Gordon Henderson (in the Chair)]

Before I call Members to speak, I remind them that there is a court injunction regarding the release of information related to James Bulger’s murderers, including information about their current identity and whereabouts, and I ask Members to be mindful of that.

--- Later in debate ---

[Jess Phillips]

Will the Minister give way?

[Sir George Howarth]

Will the Minister give way?

[Edward Argar]

I will give way to the hon. Lady and then the right hon. Gentleman.

--- Later in debate ---

[Sir George Howarth]

The point my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) was making is that, had that information been available at the time and during the trial, subsequent decisions that had to be made would have taken on a whole new light. She accepts and I accept—I think we all accept—that the judiciary is independent and that prosecutors should be able to decide what evidence they use, but in this particular case that omission could have led, and probably did lead, to decisions being made in later years that would otherwise have been different.

[Edward Argar]

I am grateful to the right hon. Gentleman, and I will come on to address, to a degree, that specific point. Notwithstanding how the CPS and how the case itself was conducted and what evidence was used, when recommending the release in 2001, I am advised that the Parole Board would have been given all relevant information. However, I will undertake further inquiries to see whether it is possible to ascertain this far down the line and within what I can reveal publicly, what that might have constituted. In 2013, the Parole Board did of course have full details of Venables’s conviction for downloading and possessing illegal images of children, and it was therefore able to take that into consideration when considering the risk of sexual harm that he presented to children.

In the second question from the right hon. Member for Knowsley—he is always welcome to correct me if I miss one of his questions out—he asked whether Venables’s sexual interest in children was missed by all the experts, or whether it was known. Again, having discussed it with my officials, my understanding is that prior to his recall in connection to possessing illegal images of children in 2010, the supervising agencies were not aware of Venables’s sexual interest in children. However, they were aware of his broader risk to children, obviously arising in large part from the horrendous events of the murder of James, and that risk was then central to their ongoing management of him.

The third question posed by the right hon. Gentleman was whether proper consideration was given at the trial and at later parole hearings to the attempted abduction of another child earlier on the day that James was tragically murdered. Premeditation is relevant when it comes to any conviction for murder, as a necessity for securing the conviction. As hon. Members would expect, it falls to the CPS and the sentencing judge to consider that factor. I understand that the parole reviews in 2001 and 2013 proceeded on the basis that Venables had been lawfully convicted of murder and of the premeditation and planning involved in that. The Parole Board release decision in 2013 records the board’s awareness and consideration of attempted abductions earlier in the day.

As to the question of whether Thompson and Venables were pronounced to be rehabilitated in order to avoid them entering adult custody, I should clarify for hon. and right hon. Members that it is not the role of the Parole Board to pronounce an offender rehabilitated. Instead, it is constrained to applying the statutory release test when considering whether someone should be released—that is, whether it is necessary on the grounds of public protection for the offender to remain confined in custody, based on available evidence.

I appreciate that that may appear to be a legal splitting of hairs, but there is a slight and subtle difference in the statutory release test about whether there is a necessity on public protection grounds for someone to remain in custody or whether they are deemed to be rehabilitated and a reformed citizen. There is a legal differentiation there. Therefore, in recommending their release in 2001, the Parole Board determined, on the basis of its judgment, that the risks that Thompson and Venables presented were capable of being managed effectively in the community through the restrictions and prohibitions available through the life licence.

Finally, the right hon. Member for Knowsley asked whether representations were made by Lord Chief Justice Woolf to the Parole Board. I asked my officials to look into that and advise, and I can advise all hon. Members that I am not aware that any representations were made by the Lord Chief Justice to the Parole Board. At the time, Thompson and Venables were sentenced to life imprisonment. It fell to the Home Secretary of the day to set their tariff, or how long they would serve, taking account of a recommendation made by the Lord Chief Justice. Therefore, any recommendations from the Lord Chief Justice regarding the tariff would have been made to the Home Secretary. In respect of the parole question, having asked again and looked into it, I am not aware that any such representations were made—I caveat that by saying that I have answered to the extent of my knowledge.

I will end my contribution by again paying tribute to Mrs Fergus for not only her tireless campaigning for James, but her determination, as reflected in the statements read out by various right hon. and hon. Members, to make a difference in the future, to help people to learn the lessons and to support young people by setting up the James Bulger Memorial Trust, which provides holidays and respite for families of disadvantaged young people who have been the victims of crime, hatred or bullying, and those who have made a positive contribution to the welfare of others or society in general. The charity’s motto is “For James”, as Denise rightly wants him to be remembered positively as

“the beautiful little boy with the big sparkling smile”,

and not for how his short life ended.

I conclude this sombre debate by once again paying tribute to the dignity and the courage of Denise and her family, to the right hon. Member for Knowsley for securing this debate and approaching it in his typically measured, courteous and appropriate tone, and indeed to all right hon. and hon. Members who have spoken. This debate is a testimony to Denise’s resilience and determination, and above all to her abiding love for James. I hope I will be able to continue the conversations around this matter with the right hon. Gentleman and others.

[Sir George Howarth]

I will be brief, because a lot of ground has been covered in this debate. First, I thank Denise Fergus for initiating the petition, for the briefing she gave and for the inspiration that she has given many of us. Well done. Secondly, I thank my hon. Friends the Members for Birmingham, Yardley (Jess Phillips), for Liverpool, Wavertree (Paula Barker) and for Bootle (Peter Dowd) for contributing to the debate in their own distinctive but important ways. They have helped to make it a much better debate than it would have been with just me and those on the Front Bench. I thank my hon. Friend on the Front Bench, the Member for Stockton North (Alex Cunningham), for the way he listened to and responded to what people had to say, and for the sensitivity he showed in his speech.

Finally, I am grateful to the Minister for the constructive way in which he responded to the debate, and would be happy to take him up on his offer of a meeting to discuss the matter further. I am sure that family members will want to be present. I do hope, though, that that constructive spirit continues. My fear—and this is not a criticism of the Minister—is that there have been so many false dawns in the past that this could become another one. I hope that we can agree on a process that will resolve all those issues. It will not bring James back, but, as his mother said in her statement, it could at least help to prevent anything similar from happening to another child in the future.

I look forward to meeting with the Minister, who I hope will reflect further on my suggestion regarding the public inquiry—by the way, I think there should be a public inquiry, but, if that gets ruled out, there needs to be some alternative way to consider these issues. I am sure the Minister will give thoughtful consideration to that matter so that we can have a meaningful discussion about to proceed.

Question put and agreed to.

Resolved,

That this House has considered e-petition 206851 relating to a public inquiry into the James Bulger murder case.