Police and Crime Commissioners

Lord Sherbourne of Didsbury Excerpts

Thursday 28th June 2018 Lords Chamber

[Lord Sherbourne of Didsbury (Con)]

My Lords, as many noble Lords have said, Operation Conifer has created a climate of suspicion around Sir Edward Heath even though we have seen no evidence of any credible allegations made against him. This is why I and many others have called for an independent investigation into Operation Conifer.

When I asked the Minister on 19 April whether the Home Office would establish such an inquiry, she replied:

“an inquiry … should be considered only where other available investigatory mechanisms would not be sufficient”.—[Official Report, 19/4/18; col. 1247.]

Let me list what those other investigatory mechanisms are. Here I have the Cabinet Secretary, Sir Jeremy Heywood, to thank, because in January this year he wrote to me listing who could establish an enquiry. First, he said that a police and crime commissioner can commission an independent review into an investigation conducted by that police force, but the Wiltshire PCC refused, as we know, so it has not happened. Secondly, the Independent Police Complaints Commission can investigate a matter that has been referred to it, but no relevant referral has been made. The Home Secretary does not have the power to direct it to investigate a police force, so that has not happened. Thirdly, the Secretary of State can require Her Majesty's Inspectorate of Constabulary to undertake an inspection of a specific police force, but this has not happened. Fourthly, the police and crime commissioner can request that Her Majesty’s Inspectorate carries out an inspection into the activities of its police force. But he has not, so this has not happened.

Let me repeat what the Minister said in April: an inquiry should be considered only in the absence of other investigatory mechanisms. Well, they are absent. I can come to the aid of the Home Office here, thanks again to Sir Jeremy Heywood. This is what he said in his letter:

“the Government has the authority to establish an independent public inquiry … where it appears to [a Minister] that (a) particular events have caused ... public concern”.

He goes on:

“The Government also has the authority to establish a non- statutory inquiry in the form of an ad hoc inquiry.”


So there is now no excuse for the Home Office to say no to an inquiry. I say the Home Office deliberately because I believe that the Minister, for whom I have the greatest respect, genuinely understands the sentiments that I and others have expressed.

We have a new Home Secretary who has already shown his willingness to grasp difficult nettles, so I live in hope. I can well imagine Home Office officials telling him that if he does nothing, demands for an inquiry into Operation Conifer will eventually fade away. Well, we will not fade away and these demands will not fade away.