Macur Review of Historical Child Abuse

Ian C. Lucas Excerpts

Tuesday 22nd March 2016 Westminster Hall

[Ian C. Lucas (Wrexham) (Lab)]

I am pleased to see you in the chair, Sir Edward. May I take this opportunity to congratulate the Minister on his appointment? This is not the easiest of debates with which to start. I also congratulate the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) on her studied and sensible remarks.

This is a really difficult issue for Wrexham. It has cast a cloud over the years that I have been in Parliament, which are many now. The Waterhouse report was published in the year before I became a Member of Parliament and refers to events that occurred very often in Wrexham in the 1980s and 1990s, when I lived and worked in the area. There were great hopes for the Macur review. On Thursday, when the Secretary of State for Wales made a statement, I said that I was astonished. I am afraid that having considered the review to the extent I have been able to thus far, I do not in any way resile from my statement; in fact, I would intensify it.

The reaction within Wrexham has been one of huge disappointment and distress. The hon. Lady referred to Keith Gregory, who is my constituent and a local Plaid Cymru councillor in Wrexham, and to whom I spoke at the weekend. There is intense disappointment, but it simply confirms the view of many survivors about the political class, the political system and the whole world in which many of my constituents see politicians as operating. I am afraid that the report, with the redactions that have been referred to, will intensify the disillusion that the survivors of these incidents feel about the political and judicial system in north Wales.

A lot of issues will arise from the report, and I tell the Parliamentary Under-Secretary and Ministers at the Ministry of Justice that I will be pursuing many of those questions through parliamentary questions and further debate. We need a substantial debate—a full day’s debate—on this report, which is of national importance, in order to address the issues in it, once we have had the opportunity to try to read it. I congratulate the hon. Lady on reading the report: I have had real difficulty doing so because of the number of redactions in it. Many of the most important and controversial aspects of the report are very difficult to extract from the document we have.

The issue of redaction is very important. I was surprised last Thursday that the then Secretary of State for Wales made the statement, because I had expected the Lord Chancellor to make it. I have raised questions in connection with the publication of this report that have always been answered by the Ministry of Justice, which I therefore expected to be dealing with the matter. Although the report was jointly commissioned by the Wales Office and the Ministry of Justice, it is very important that Justice Ministers—I mean no disrespect to the Wales Office—should answer, because there are very technical and difficult legal questions relating to it.

It is clear that this report followed correspondence that took place between the Lord Chancellor and Lady Macur who was conducting an investigation and doing an independent report. The important issue of redaction was at the heart of that correspondence. The review itself makes it clear in paragraph 8.4 that

“the redaction of this report is a matter for the commissioning departments.”

It is very important that everyone out there understands that the redactions in the report were made by the Government, not by the judge. The only people who have seen the full report and have made the redactions are the Government.

However, that was not enough for the Lord Chancellor. Information that is given to us by Lady Justice Macur in paragraph 1.44 of the report tells us that Her Majesty’s Procurator General and Treasury Solicitor, Jonathan Jones, asked for a meeting with her to discuss the

“inclusion of names of individuals subject to unsubstantiated allegations.”

In the review, Lady Justice Macur says that she refused to have such a meeting.

That was not the end of the matter as far as the Ministry of Justice was concerned. I should make it clear that I have written to the Lord Chancellor to give him notice that I will be referring to this report and to him as an individual in this debate, because after the refusal to meet the Treasury Solicitor, the Lord Chancellor—effectively Lady Macur’s boss—wrote a letter to her. She is the head of an independent judicial inquiry investigating an alleged cover-up. He asked her to withhold the names of individuals who were the subject of allegations from the draft review presented to other Government Departments—so the Lord Chancellor asked her to take the names out of the draft report that was being sent, within the Government, to other Departments. I do not regard that as appropriate. This was an independent judicial inquiry and the matter was one for the judge.

I would have liked to question the Lord Chancellor on those points but, unfortunately, he did not present the report to Parliament, so I have not had the opportunity to do so: I will pursue those matters. In any event, the Government have redacted, as we have heard, huge swathes of the Macur review, removing in particular the names of individuals who have been the subject of speculation and who have national recognition. For example, the name Peter Morrison has been redacted from the report, but puzzlingly, other names—Greville Janner, Lord Gareth Williams—have not.

[Mr David Jones (Clwyd West) (Con)]

If I may correct the hon. Gentleman, Peter Morrison’s name does appear in the body of the report. It is important that the hon. Gentleman clarifies that, because it is not redacted.

[Ian C. Lucas]

It appears in one part of the report, but it is also redacted in other parts of it. His name appears in the introduction, I believe, but in the part that relates to establishment figures, his name is redacted.

[Mr David Jones]

The point I was seeking to make is that his name is not wholly redacted, and since the hon. Gentleman is making a speech that covers very important matters, it is necessary to clarify that point.

[Ian C. Lucas]

I am grateful for that clarification, but in the chapter that relates to establishment figures, the two names that I referred to are not redacted, whereas Peter Morrison’s name is. It is very difficult to deduce a line of principle to see why someone made that decision. I think we need to have that information, and I think it is very important and very appropriate that the Children’s Commissioner for Wales has written to the Secretary of State for Wales, saying that

“more can be done to communicate many of the omissions to be found in the report, and seek a greater level of transparency to be afforded to victims. As such, I call on the UK Government to issue a statement explaining the methodology used for redacting the publically available Macur Review Report, giving a full rationale for the changes made. Without an understanding of the approach employed by the Government’s lawyers, many will continue to question whether there has been protection of individuals because of their position in society, rather than because there are ongoing criminal investigations, or if there is no evidence against them.”

Some of the people whose names have been redacted are dead, so there will not be any continuing criminal investigations as far as they are concerned, and it is very difficult to understand why these redactions have been made and what element of principle is involved. We need that information because we have to try to persuade our constituents that our political system is not rotten and that it does afford them some element of protection.

I am also very concerned about the circumstances in which the review was set up. There is a very interesting section starting in paragraph 1.33 of the review concerning a Wales Office note, and the involvement of the Cabinet Secretary in the compilation of a note that involved the former Secretary of State for Wales, the right hon. Member for Clwyd West (Mr Jones), who is here today. It seems from the report that issues that are directly relevant to the establishment of the Macur review have been left hanging in the air and that a Cabinet note, which is referred to in paragraph 1.40, has not been disclosed. That is one of many documents that are available and should be published. A huge number of questions arise from the report and I am afraid its contents do nothing to resolve the disillusion of my constituents or the many survivors who suffered at the hands of criminals in north Wales in the 1980s and 1990s.

[Paul Flynn (Newport West) (Lab)]

My hon. Friend is making a valuable contribution to the debate. Does he think that handing an unredacted copy to the Goddard inquiry will affect the delay in anyone having any chance of finding out what the redactions are? The Goddard inquiry is very optimistically expected to report in two years, but the scale of the inquiry is so enormous that most people think it will take a decade. Is it right that the abuse of those young people should continue for at least another 10 years?

[Ian C. Lucas]

My hon. Friend makes a valid point. The report took over three years and I would be astonished—to use that phrase again—if the Goddard review reported within that timeframe. That is why it is incumbent on us to ask these questions. It is unacceptable that only members of the Government see the unredacted report. I am a former Minister and an elected Member of Parliament and it is appropriate for the unredacted report to be seen by individuals in Opposition parties. Otherwise, the inference that political motives are involved will continue to be made.

[Mr David Jones]

Does the hon. Gentleman agree that another disturbing element of the report is the handling of the documentation of the inquiry: its transmission from the Welsh Office to the Welsh Assembly Government, and what happened when it was in the hands of the Welsh Assembly Government? Does he agree that those matters also need further clarification?

--- Later in debate ---

[Ian C. Lucas]

The disappearance of documents at so many stages during the history of this matter creates huge difficulty for anyone expecting a proper inquiry. All those matters need to be questioned and investigated further.

The difficult with the Macur review, which in many ways gives valuable information that we did not have before, is that it leaves many questions hanging in the air, and all questions need to be addressed. The content is so dense and difficult that it will take time and hard work to get through to its core. There are many disturbing questions, and more now than before the then Secretary of State for Wales made his statement on Thursday.

--- Later in debate ---

[Ian C. Lucas]

I accept many of the arguments that the Minister makes, but why were the two names I mentioned earlier unredacted while many other names were redacted?

[Guto Bebb]

I will try to respond to that in my next few comments. Just to finish the comments I was making, I understand the frustration and the feeling that there could have been fewer redactions, but it is imperative that the reasoning, in the round, is understood by hon. Members. I have tried to explain why those redactions have been made. I have explained very clearly that they were undertaken as a result of advice given, which I think was quite reasonable. I hope that hon. Members will take that into account. There has been no attempt to mislead or to not be very clear as to the basis for the changes. We are more than happy to correspond on the issue if the hon. Member for Wrexham feels the need to take it any further.

--- Later in debate ---

[Guto Bebb]

I take the hon. Gentleman’s point but hon. Members have made arguments that the redactions are damaging public confidence. I am unsure how the idea he offers would contribute to solving the issue of public confidence because a very limited amount of people in the political sphere would be responding. A couple of other questions were asked by the hon. Member for Dwyfor Meirionnydd—

[Ian C. Lucas]

Will the Minister give way?

[Guto Bebb]

Could I just answer this question because I am aware of the time? Another question was asked by the hon. Member for Dwyfor Meirionnydd about recommendation five. The issue relates to the consideration of criminal charges relating to events referred to in paragraphs 645 to 675 of the report. It does not relate to the actions of the Wales Office or of any Government Department. The police and Crown Prosecution Service are aware of the specifics of the matter, and that issue is a matter for them to consider, not the Government.

The hon. Members for Clwyd South and for Dwyfor Meirionnydd asked how many redactions, in addition to those that were a result of the advice given, were made by the Government. The answer is zero. Not a single further redaction was made. The redactions that have been made were all in accordance with the advice given and the explanation that has been provided.

The hon. Member for Wrexham asked about the publication of some names and not others. Again, the letter from the Treasury Solicitor sets out the methodology for redacting such names, saying very clearly that they are the names of people who are rumoured or speculated to be involved in abuse, who have not been convicted of a criminal offence and/or whose name is not in the public domain in the context of child abuse. That is in the letter from the Treasury Solicitor so the reasoning has been provided.

[Ian C. Lucas]

I do not accept for one moment that those principles apply to the name Peter Morrison. I do not think that any reasonable person could reach that conclusion. That name is in the public domain and it is in the report. I cannot understand why that name has been redacted. The redaction of that one name has had a massive impact on the public confidence in the whole report.

[Guto Bebb]

I hear what the hon. Gentleman is saying but I have attempted to provide an explanation as to why the redactions have been as they have been.

I need to touch on a few other issues. I do not think there is any denial of the inadequate nature of the records management, which is a point that was raised by my right hon. Friend the Member for Clwyd West (Mr Jones). It is acknowledged that the records management has been poor. It was not to anybody’s satisfaction and it is fair to say that lessons have been learned by the Wales Office, and I presume that the Welsh Assembly will take some of the report’s advice on records retention very seriously. However, it is fair to state that Lady Justice Macur is clear that she received

“the majority of, if not all, relevant documentation”

and that she is

“confident in the conclusions I reach in this Report in light of numerous, varied and cumulative sources of information available”.

Again, that is not the Government’s line. That is a comment from Lady Macur regarding the lack of record-keeping or the problematic element of the record-keeping.

An important point is contained in paragraph 2.6 of the report, in which Lady Macur states quite clearly that 523 boxes of files were received, some 400 of which originated from the Wales Office. Although that is unsatisfactory compared with what we would expect from a Government Department, I stress the fact that Lady Macur does not believe that her conclusions would have been different if she had received more information than that which was provided.

We have touched on establishment names only very quickly. I have tried to explain why redactions have happened, and we are more than happy to respond to any further questions from hon. Members who believe that there is an issue there.

The other point that I would like to touch upon just before I finish is that Lady Justice Macur adds, for the sake of clarity,

“At no time have Ministers or their officials attempted to influence me in the conduct of the review or the conclusions I have drawn.”

There is a view here that there is a lack of transparency and clarity but, on every aspect, we have tried to offer an explanation and even Lady Justice Macur has said that she was not subject to any undue pressure.

I do not think I will have time to respond to the question from the hon. Member for Arfon (Hywel Williams) about the Welsh language or to the question from the hon. Member for Clwyd South about the Goddard inquiry, but I will write to both Members.

The debate has been difficult and there are lessons to be learned. We will write to the Children’s Commissioner for Wales and respond to any further questions. The Macur report was certainly worth doing and it has been of value.