Operation Midland: Henriques Report

Lord Soames of Fletching Excerpts

Tuesday 13th December 2016 Westminster Hall

[Sir Gerald Howarth]

I am grateful to my hon. Friend for his intervention. I was about to say that, such is the weight of evidence against the police operations, that time will not permit me to make more than a passing reference to them. I am afraid that I disagree with his view of Chief Constable Veale of Wiltshire. The chief constable’s recent assertion—his bravado—was quite unwarranted. Sir Edward has been dead for 10 years, but I wish to leave that point there, because I think others may well deal with it, and I am sure that my hon. Friend will be able in due course to make his case in defence of Chief Constable Veale.

These people have lost income. Paul Gambaccini told the Home Affairs Committee that he had lost £200,000 in income and payment of legal fees following his suspension from the BBC and other broadcasters. Harvey Proctor lost his income following his sacking by the Duke and Duchess of Rutland, to whom he had acted as secretary. That sacking was largely at the behest of Leicestershire’s constabulary and social services. Loss of the job meant he also lost his home on the duke’s estate and he is now living in an outhouse with no running water and no lavatory facilities. That is the hard effect of this travesty.

In addition, the distress caused is difficult to imagine. During the investigation conducted under Operation Midland and Operation Vincente, Lord Brittan died and Lord Bramall’s wife died, neither of them knowing that the investigations had both been wound up. In the case of Lord Brittan, who died in January 2015, it was well over a year before the Metropolitan police told Lady Brittan that the Operation Midland case had been dropped, and only when they were asked by her lawyers to verify a report in The Independent on Sunday did the Metropolitan police say that they would not have proceeded.

However, the distress was not confined to that aspect of the case. Lady Brittan endured the indignity of the search of her property. As she told me, 10 to 20 officers invaded the house. She said it was like witnessing a robbery of one’s treasured possessions, including letters of condolence and photographs, without ever being told why. The police were insensitive to her circumstances and never told her that she had certain rights during a search. In her Yorkshire house, the police asked if there was any newly turned earth in the garden, again without saying why.

As Lady Brittan says, while it was ordinary police officers who were instructed to undertake the searches, responsibility for the control of this operation rests with senior police officers, whose insensitivity and incompetence has been revealed.

[Sir Nicholas Soames (Mid Sussex) (Con)]

Does my hon. Friend agree that what appears to be at work here is the most extraordinary want of any form of judgment and balance? And would he care to comment on why there is a pattern running through all this activity of an absolute inability of the police to think for themselves?

[Sir Gerald Howarth]

My right hon. Friend makes an important intervention, and in looking at all of this I have tried to work out precisely what motivated the police. As I will say in a moment, they seem completely bereft of any common sense. However, if he will forgive me, I will try to address that point later on.

In respect of the searches of Lady Brittan’s home, one sergeant told her, “Thank goodness we are only lowly cogs in this investigation”.

Let me turn to my long-standing friend, Harvey Proctor. It took him 28 years to rebuild his life following conviction in 1987 for a sexual offence, which is no longer an offence and which of course cost him his place in this House. He shunned the public spotlight and became a very private citizen until, out of the blue, his home was raided by police, who spent 15 hours searching, removed papers and possessions, and told him that he was accused of being involved in historical child sex abuse. It took the police a further two months to accuse him of being a child serial murderer, a child rapist and an abuser of children. Those were the wild allegations of one fantasist known only to the public as Nick.

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[Sir Nicholas Soames (Mid Sussex) (Con)]

I am grateful to be called to speak, Mr Streeter, and I am very pleased to be able to make a short contribution to this important debate. I congratulate my hon. Friend the Member for Aldershot (Sir Gerald Howarth). Everyone knows him to be a very good man, but it takes courage and determination to raise this sort of matter. I warmly support everything that he said.

The cases in question have created widespread concern about how the Metropolitan police and other forces have handled high-profile cases involving serious accusations of criminal offences allegedly committed by some of the leaders of our country. There is the apparently ongoing, astonishing case of our former colleague and Prime Minister, Sir Edward Heath. So far, £700,000 has been spent on Operation Conifer, which is investigating the allegations against him. Some of the original allegations apparently included those of satanic rituals. Those complaints have since been dismissed, but they are illustrative of the bizarre extent of the allegations. The chief constable for Wiltshire has responded to the inevitable questions about why the police are wasting so much money on claims against a man who died more than 10 years ago and cannot answer back by defiantly affirming that he would not be

“buckling under pressure to not investigate or to conclude the investigation prematurely.”

My hon. Friend the Member for Aldershot mentioned the raid on the home of Lord and Lady Brittan. I should declare an interest: both Lord and Lady Brittan are very old friends of mine. My hon. Friend also mentioned the horrific indifference of the police officers involved. Furthermore, I remind the House of what happened to Lord Bramall. His house was raided by a 20-strong search team in a blaze of publicity, with police cars parked in the pub car park, advertising to the world what they were about. What an unspeakable way in which to treat a second world war veteran, let alone a former Chief of the Defence Staff of utmost probity. That calls the police’s whole sense of proportion and loss of judgment into question.

I knew Harvey Proctor slightly. He had been in the House for four years when I was first elected in 1983. We were not political soulmates, but I was one of those Members of Parliament proud to rally around to help him to set up his shop in Richmond following his conviction in 1987, which resulted in his leaving the House. I was heartened to see that, once again, people such as Matthew Parris and Michael Portillo were rallying around to support the public-spirited initiative of Iain Dale to raise money for Mr Proctor, who in my judgment has been unspeakably treated. The effort raised some £11,140, including many small contributions from ordinary people disgusted by what they had read about the handling of the case by the Metropolitan police.

Another case concerns a former fire officer in Dorset, David Bryant, who is 66 years old and has received commendations for gallantry. He spent almost three years behind bars for a crime that he did not commit, solely on the evidence of a man with a history of mental illness. Danny Day, now aged 53, had gone to the police in 2012 claiming that he had been raped by Mr Bryant and another firefighter, who is now dead, at the fire station in Christchurch on a single unspecified date at some time between 1976 and 1978. Mr Day said he was aged about 14 at the time of the alleged attack.

Mr Bryant, who the court heard was of “impeccable character” and had no previous criminal record, was convicted in 2013. Initially, he was sentenced to six years in jail, later increased to eight. Mr Day, who waived his right to anonymity in a series of newspaper interviews after the conviction, was finally exposed as a liar after detective work by a brave Mrs Bryant and a team of lawyers and private investigators who had been so horrified by the conviction that they had agreed to work on the case for free. Mr Justice Singly, hearing the case with Lord Justice Leveson and one other senior judge, said that other fresh material before the court included information that

“over a period from 2000 to 2010 the complainant in this case had to seek medical attention from his GP in relation to what can only be described as his being a chronic liar”.

David Bryant said:

“What happened to me must never be allowed to happen again. Being wrongly imprisoned as an innocent man is a living hell and something I wouldn't wish upon my worst enemy.”

To conclude, there are terrible cases that must be dealt with—I agree with the hon. Member for Rochdale (Simon Danczuk)—but what comes through in the case of Harvey Proctor and others is the monstrous treatment of an innocent man, who lost his livelihood, his way of life and everything else that he had strenuously worked for to re-establish his good name. The Metropolitan police must put him back and recompense him for that terrible evil. A monstrous injustice has been done and is too regularly done. I beg the Home Secretary and others in some way to ensure that the police exercise a proper sense of proportion, common sense and good judgment when dealing with such difficult cases.

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[Richard Benyon (Newbury) (Con)]

We all bring prejudices into this place. The greatest prejudice that perhaps we all share is one of revulsion at the idea of child sexual exploitation, but when it affects an individual we know or revere, our prejudice is to immediately assume they are innocent. That was the case, in my circumstances, with Field Marshal Lord Bramall. He is an individual who, in my regiment, is revered, with a semi-godlike status. The whole family of the regiment were horrified that he should have been accused in such a way, and we rejoice that all the effects of the accusation have been removed from his character. However, we remain demanding of answers in this case.

Of course the great and the powerful should be investigated when allegations are made, just as allegations against anyone should be investigated, but it is how we investigate that matters. The Henriques report has outlined an appalling catalogue of errors in all the cases that hon. Members have mentioned in this debate. In the case of Lord Bramall, the report says that it was wrong to raid his home based on the testimony of a single complainant since dismissed, as hon. Members have said, as a fantasist. I entirely agree with my right hon. Friend the Member for Mid Sussex (Sir Nicholas Soames) about the number of officers, where they parked and the other factors involved in the case. The Henriques report says that it was entirely wrong to wait 10 months for the investigation to be dropped. In addition, Henriques questions the police tactics in obtaining search warrants for Lord Brittan’s and Harvey Proctor’s homes.

We have to ask who in the team conducting the search on Lord Bramall’s home questioned the ethics of entering the house of someone in their 90s in the way that they did. This was someone nursing his terminally ill wife. The police spent 10 hours in that house, many of them dressed in forensic suits, causing great distress to the ailing Lady Bramall. They took personal items out of the house and did not return them for a very long time. What kind of appalling groupthink existed in that team? I understand the medical term for it is cognitive dissonance. We have seen this in hospitals that have declined to see terrible figures on mortality. We have seen it in other organisations. I suggest it was prevalent in the Operation Midland team. Was there—is there—an adequate whistleblowing system that would have allowed someone properly to raise this?

I warmly congratulate my hon. Friend the Member for Aldershot (Sir Gerald Howarth), who secured this debate. He made an excellent speech. In many of our public services, including our most secret intelligence services, there is a system for people to raise concerns, but the system clearly failed in the case of Operation Midland.

The hon. Member for Rochdale (Simon Danczuk) rightly talked about the pendulum swinging. The police were appalled at the attacks that had been made on them for their failure in the Savile case and they swung the other way. But did anyone lose their job over the treatment of people like Lord Bramall, Lord Brittan and Harvey Proctor? Such high-profile people who are still alive are articulate and able to make a powerful case on their own behalf, whatever the privations they have suffered as a result.

[Sir Nicholas Soames]

On that point, I thank my hon. Friend for his excellent speech. Someone was in charge of this. Someone was providing the leadership for the teams and exerting the judgment, issuing instructions and orders, and yet no one has been held accountable for the dreadful way in which it was being done.

[Richard Benyon]

As my right hon. Friend’s grandfather might have said, who was in charge of the clattering train? But it is not just about famous and well-known people. What about the teacher, the carer, the social worker, the fireman who are treated in this way? Blame lies not just with the misguided officers behind so many of the failures in Operation Midland. The climate was perpetrated by—I will name him—the hon. Member for West Bromwich East (Mr Watson) and others, who fostered a conspiracy theory culture around many of the investigations into the individuals.

The hon. Member for Rochdale was right to mention the loathsome people behind Exaro, the news website that put innocent people’s names in the public domain. It is hard to credit that the initial failures of the search and the delay in announcing that the inquiry had been dropped were compounded by the official letter Lord Bramall received, which was very churlish in its conclusions. It just said there was insufficient evidence to merit continuing the inquiry, and that further investigation could take place if more information came out. That was sent to a 90-year-old war veteran, with his dying wife in the house. What kind of mindset prevailed in the organisation?

I want never again to be ashamed of any action taken by the police force in any part of the country. I revere the police and firmly agree that they have a most difficult job; but the way things were done in the case I have outlined is deeply worrying to all of us who believe that fairness before the law is this country’s greatest virtue. I hope that the Minister will understand the strength of feeling that means he needs to hold the police force to account.

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[Richard Arkless (Dumfries and Galloway) (SNP)]

Thank you, Mr Streeter. I will not attempt to take up any more time than I have been allocated; I am keen to hear what the other Front Benchers have to say. I, too, congratulate the hon. Member for Aldershot (Sir Gerald Howarth) on bringing this sensitive and difficult topic to the Chamber. It is not easy to take the position that he has taken on this matter, and I recognise his bravery for doing so.

I will start by bucking the trend and praising the police—although obviously not in the context of Operation Midland. In my experience, the police in all four nations of these islands do a terrific job, and we should not forget that. This seems to be an isolated incident, and it is right that we express concern about it and try to tackle it.

Like most Members in the Chamber, I believe two things in this respect. First, I believe in the presumption of innocence. I am a lawyer, so for me that is a cornerstone of a civil society and the rule of law and it ought never to be discarded. Secondly, I believe that child sexual abuse is the most heinous crime that human beings have ever committed against other human beings. It is a heinous crime not only to be committed, but for someone to be accused of if they have not committed it. We should remember both those things. It is the only crime for which I could possibly justify reinstatement of the death penalty—clearly not in cases where people are innocent, but it is the most appallingly disgusting crime.

[Sir Nicholas Soames]

Does the hon. Gentleman agree that in the case of Cliff Richard, for example, the presumption of innocence was done away with when the search of his house and the reason for it was broadcast live on television with the connivance of the police?