The Shrewsbury 24

Gerald Howarth Excerpts

Wednesday 9th December 2015 Westminster Hall

[Andy Burnham (Leigh) (Lab)]

I want to congratulate my great friend: my hon. Friend the Member for Liverpool, Walton (Steve Rotheram) made a powerful and persuasive speech. I also thank my many Opposition colleagues for being here today and for their show of solidarity with the Shrewsbury 24. Given that it is nearly Christmas, I even thank the Scottish National party for being here to lend support to our campaign. It is good to have it.

The Government deserve credit for the willingness that they have shown in facing up to the historical injustices of Bloody Sunday, Hillsborough and child sexual exploitation. However, as my hon. Friend the Member for Liverpool, Walton has said, something that many people consider an outrageous injustice—a case that goes to the heart of how we were governed and policed in the previous century—is still shrouded in secrecy today. In the previous Parliament, following a debate called by my hon. Friend the Member for Blaydon (Mr Anderson), the House voted overwhelmingly for the full truth about Shrewsbury finally to be told, but in October the Minister for the Cabinet Office ruled that the Government papers would continue to be withheld.

The purpose of today’s debate is to challenge that decision, and I will do so by revealing a series of documents that shed new light on the whole issue. Before I do that, I want to pay tribute, as my hon. Friend the Member for Liverpool, Walton did, to Eileen Turnbull, the researcher to the Shrewsbury 24 campaign, whose diligence and utter dedication to the cause has brought the documents to light. I have her dossier here today, and it reveals three things: first, how the trial was politically driven by the then Home Secretary, from the gathering of evidence to the commencement of proceedings; secondly, how there was an abuse of process by police in the taking of statements; and thirdly, how there was an attempt at the highest levels of Government, supported by the security services, to influence the outcome of the trial.

There is also a crucial piece of context, which other hon. Members have mentioned, and I ask that it be borne in mind at all times. On the day in question, 6 September 1972, no pickets were arrested, nor were any cautions issued. That brings me to the first document, a letter dated 20 September 1972—some two weeks later—from the press officer of the National Federation of Building Trades Employers to regional secretaries. It is headed “Intimidation Dossier” and it says:

“You will be aware that we are compiling a dossier on incidents of intimidation and violence during the recent wage dispute. The intention is to pass this document to the Home Secretary for his consideration with a view to tightening up the law on picketing in industrial disputes.”

It calls for details of any incidents, statements from eyewitnesses and photographs. So at the outset that establishes that there was an evidence-gathering exercise on the strike involving the Home Office at the highest level.

Confirmation of the political interest in legal proceedings comes from the second document that I have: a page from the case file of the Director of Public Prosecutions on the Shrewsbury pickets. An entry on 29 December 1972 reads as follows:

“The Home Secretary is interested in this case. 2 counsel to be nominated.”

That, by the way, was no passing interest from the Home Secretary, as the third document will show. I have here a letter dated 25 January 1973 about the Shrewsbury case from the then Attorney General Peter Rawlinson to the then Home Secretary Robert Carr. Its contents are extraordinary. It begins:

“The building worker’s strike last summer produced instances of intimidation of varying degrees of seriousness...A number of instances consisted of threatening words and in which there was no evidence against any particular person of violence or damage to property. In these circumstances Treasury Counsel, took the view that the prospects”—

of a conviction—

“were very uncertain, and in the result I agreed with him and the Director that proceedings should not be instituted.”

That letter is talking about proceedings against the Shrewsbury pickets. It goes on to warn of the risks of jury trial, saying that

“juries tend to treat mere words more leniently than actual violence”.

There it is—an admission that they were talking about “mere words”. Two conclusions can be drawn. First, the Home Secretary of the day was advised by the Attorney General and the DPP that no proceedings should be brought against the Shrewsbury pickets. Secondly, it is made clear and explicit that there was no evidence of violence or damage to property. “Mere words” were the only things that were thrown.

We do not have documents revealing the subsequent decision-making process within Government, but we do have the first page of a confidential memo sent by the Home Secretary to the Prime Minister the week after the letter was sent. It reads:

“Thank you for your minute of 29 January about picketing. I have taken a close personal interest in this problem since I came to the Home Office and I have myself discussed it with the chief officers of those police forces which have had to deal with the most serious picketing. I believe that chief constables are now fully aware of the importance we attach to the matter”.

From that there is no doubt at all that the Home Secretary was heavily interfering in operational police matters, and just over a week after his memo was sent to the Prime Minister the Shrewsbury pickets were picked up by police and charged—a full five months after the strike had ended. That series of documents puts beyond any reasonable doubt the fact that the Shrewsbury trial was politically driven by the Home Secretary of the day.

[Sir Gerald Howarth (Aldershot) (Con)]

I am sorry I have not been able to attend the debate so far, but I was attending to my staff in the run-up to the Christmas period. The shadow Home Secretary makes a big play of the fact that the Home Secretary was involved. The right hon. Gentleman was not around at the time, and I was. I recall the case and, indeed, had a letter about it published in The Times. If the right hon. Gentleman is suggesting that the Home Secretary should not have been concerned about the case, I think he is making a mistake. The Home Secretary should have been concerned.

At that time, the nation was bedevilled by strikes. We had not had the legislation that Margaret Thatcher introduced. If the case that the right hon. Gentleman is making is that the Home Secretary should not have been involved, that is a fundamental misreading of the situation that applied at the time. The Home Secretary was right to be concerned because the British people were concerned at the way trade unions were running rampant across the country.

[Andy Burnham]

Perhaps the hon. Gentleman should have been here at the start of the debate to hear the whole case. He has just revealed that it was a political campaign against the trade unions. That is what he just said, and that is the point. He has revealed his hand to this entire gathering. It was a political campaign that Mrs Thatcher sorted out. That is the point here. There was a campaign driven from the top of Government, as I have revealed. We do not live in a country where politicians can put people on trial. I do not want to live in a country like that. These should be independent matters for the police and the legal authorities. The hon. Gentleman has heard evidence today of politicians putting people on trial; if he is not concerned about that, well, I am, and that is why we are holding this debate.

The next document that I have shows that due process was not followed in the aftermath of the political pressure. On 17 September 1973, a conference between police investigating the case and the chief Crown prosecutor, Mr Drake, was held at Mr Drake’s home. I have here a note of that conference. Let me quote the key passage in paragraph 16, which records an explanation from police officers about the gathering of statements:

“So that Counsel would be aware it was mentioned that not all original hand-written statements were still in existence, some having been destroyed after a fresh statement had been obtained. In most cases the first statement was taken before photographs were available for witnesses and before the Officers taking the statements knew what we were trying to prove.”

Let me read that again for the benefit of the hon. Member for Aldershot (Sir Gerald Howarth), so that he can hear it without any confusion. [Interruption.]

--- Later in debate ---

[Steve Rotheram]

I first need to thank all hon. and right hon. Members who spoke in what I believe to be a particularly powerful debate. Most reasonable people watching today’s proceedings will come to the conclusion that the case has been overwhelmingly made for the release of the documents. It is for the campaigners to decide what documents they believe to be relevant and for the Government to release them to be lodged at Kew. Those documents should then be referred to the CCRC. That would be a just and equitable outcome from this afternoon.

I have to say that I hope that the real face of the Tories is the Minister who wound up and responded to the points that we raised and not the hon. Member for Aldershot (Sir Gerald Howarth), who, despite the rhetoric of compassionate Conservatism, proved beyond reasonable doubt that the nasty party is alive and kicking.

[Sir Gerald Howarth]

I am grateful to the hon. Gentleman for giving way. I understand the passions that are aroused, but this country was seriously under threat at the time from trade unions that did not have the level of constraint that applies today. In 1979, 30 million days were lost to strike action—[Interruption.] It is no good shouting me down; this is the House of Commons. Last year, the number of days lost was 788,000. Industrial relations have been transformed since those unhappy days of which the hon. Gentleman speaks.

[Steve Rotheram]

I am just trying to get my head around what the hon. Gentleman just said. He believes that because there was industrial action that lost the country days, it was okay for the state to stitch up 24 people and imprison them. Is that the point that he was making? I think people will come to their own conclusions.

[Sir Gerald Howarth]

rose—

[Steve Rotheram]

The hon. Gentleman has had two goes and I think he is digging himself a deeper and deeper hole.

The Minister, who is an honourable man, tried to defend his position, but I think he tried to defend the indefensible on this occasion. He tried to muddy the waters around the release of the documents, but this is about a miscarriage of justice. That is what is central to today’s debate: a miscarriage of justice. The current Government have the opportunity—it is in their gift—to put right a wrong of 43 years. That is all that the campaigners have asked for over the decades. I hope that the Minister will listen to their concerns and to the arguments of Opposition Members. I hope that he will act with honesty and integrity and meet the campaigners and then go back and fight their cause to get the documents released.

Question put and agreed to.

Resolved,

That the House has considered the Home Office and the case of the Shrewsbury 24.

[Mrs Anne Main in the Chair]