Operation Ore (Staffordshire)

James Brokenshire Excerpts

Tuesday 15th March 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

Let me start by congratulating the hon. Member for Stoke-on-Trent South (Robert Flello) on securing this debate and on bringing this important matter to the attention of the House. I certainly understand his desire to highlight the specific case of his constituent, and he has clearly followed up with great care the various issues that have been raised with him. I hope he will recognise that it is difficult for me to respond specifically on an individual case of this nature. I also hope, however, that he will appreciate that this provides me with an opportunity to comment on Operation Ore and on a number of steps that the Government are taking to tackle the issue of illegal images online and the wider work of child protection generally. I note the five points that he has highlighted, and I will seek to address some of them in the course of my comments.

It might be helpful if I give the House a brief overview of Operation Ore. As the hon. Gentleman has explained, this was, at the time, an investigation into the activities of individuals on a scale that we had not seen before. In September 1999, the United States Postal Inspection Service searched the premises of an American-based online trading company known as Landslide Inc, which was providing access for payment to adult pornography and child abuse images. Material was seized that included a database containing the list of subscribers.

In September 2001, Landslide Inc transaction information was received by the National Crime Squad, a precursor agency of CEOP—the Child Exploitation and Online Protection Centre. The information was originally received within the National Criminal Intelligence Service, but following an initial assessment it was passed to the National Crime Squad. The NCS took responsibility for national co-ordination in dealing with the dissemination of the subscriber data. This included a co-ordinated approach to the categorisation and prioritisation of individual suspects based on their potential access to children. The transaction data consisted of information submitted by a customer in purchasing access to the websites, which included their name, address, credit card number, e-mail address and a customer-selected password. In April 2004, following the first incitement case, further forensic work revealed the capture of the subscriber IP address and the credit card verification logs.

In the majority of Operation Ore cases, police forces have used the data from Landslide Inc to commence investigations into the suspected possession of indecent images of a child. There is a common misconception about these cases being linked under an overall programme of investigation. I want to make it clear that the decision whether to proceed in each individual case was a matter for the police force concerned, and that once the individual packages were released to the forces, it was the responsibility of individual chief constables to decide whether to undertake investigations. Following investigation, forces considered whether offences had been committed and warranted judicial proceedings. Each case was independently scrutinised by the local Crown Prosecution Service, and in those cases where suspects elected for trial, the evidence was obviously further tested by the courts. To the best of our knowledge, no cases were brought on the basis of credit card data alone.

We understand that about 2,700 individuals have been convicted of these offences. This figure includes more than 700 admitting their guilt in receiving a formal caution. In almost 2,300 cases, child abuse images were discovered. In 22% of all dissemination cases following an investigation, the police service took no further action. Importantly, more than 154 children were safeguarded.

As I have already indicated, it would not be appropriate for me to discuss individual cases in this debate, but I want to be clear that it is my understanding that the investigation process followed by the police in these cases was the same as for any other type of crime, and that following a thorough investigation, decisions were made on whether to proceed with a prosecution, or other action, taking all relevant factors into account.

I appreciate the points made by the hon. Gentleman and recognise the sensitivities for people who are arrested or accused of such crimes. An additional factor that the police have to consider in such cases is whether there is a direct and continuing threat to children from those who have been accused of a crime. It is a matter for the investigating officers, in conjunction with local children’s services, what action they take having considered that question. The hon. Gentleman has highlighted his desire and his constituent’s desire to receive an apology from Staffordshire police. That is a matter for Staffordshire police. The hon. Gentleman has put on the record the chronology of the events, the issues he has and his constituent’s concerns. I am sure that those points will be heard by Staffordshire police as a consequence of this debate.

The police and CEOP have standard guidelines for dealing with these investigations, which include recommendations for handling interviews and arrests. Although it is right that we consider the effect of the accusation on the person who is accused, that needs to be balanced with the risk posed to children. A member of the public who is dissatisfied with the behaviour of individual officers or a force may complain to the relevant police force or to the Independent Police Complaints Commission, to which the hon. Gentleman referred. The IPCC has a dual purpose to act as an overall guardian to the police complaints system, ensuring its effectiveness and efficiency, and also to take a role in individual cases. It is entirely independent of the police and the Government. The hon. Gentleman raised a specific point about the IPCC’s ability to take on individual cases that predate its creation. I hope that it is satisfactory to him if I respond later with further details on that issue.

The broader issue of illegal images is sadly one that persists. I would like to take this opportunity to set out the approach that we will take to that problem. I believe that we all have a responsibility to help to make the internet a safer place for the public. I support the self-regulatory model developed in the UK by the internet industry and law enforcement to provide a structure for the reporting of such images, the analysis of them, and action to track down those responsible or prevent access to them.

I recognise the support for the Internet Watch Foundation and the action taken by responsible internet service providers to prevent inadvertent access by the public to such images. That is an example of how industry and others can make a significant contribution to tackling this problem. I valued the opportunity this afternoon to attend the launch of the IWF’s three-year strategy and the publication of its annual report on its work to take down such images, working closely with law enforcement and other agencies. The Government strongly support this model for tackling illegal images. We believe that it works and we would like to see other countries take action to achieve the same ends.

The work of the IWF and the industry, allied with that of the police and CEOP, has helped virtually to eradicate the content in question from servers hosted in the UK, although there is clearly still work to be done. We will continue to support the work of CEOP, which does so much to help to protect children. It has been a great success, and it has helped to safeguard a significant number of children and apprehend people who would seek to harm them.

I wish to reassure the House of two things. The first is the seriousness with which the Government take the protection of children. In that context, we will continue to support the work of the police and CEOP to protect children from the threats posed to them. Like the hon. Gentleman, I thank them and congratulate them on their work to ensure that children are safer. Secondly, we will ensure that should an operation on the scale of Operation Ore be required again, the UK has in place a robust structure to deal with it. We will ensure that cases are handled in accordance with the law.

I thank the hon. Gentleman for raising this important issue in general, and equally for raising the case of his individual constituent. He has made his points very clearly, and he has certainly followed the case through for his constituent. I am sure that hon. Members who are in the House this evening, and people outside, will have heard the points he has raised tonight and will take notice of them.

Question put and agreed to.