The Shrewsbury 24

Rob Marris Excerpts

Wednesday 9th December 2015 Westminster Hall

[Mr David Hanson (Delyn) (Lab)]

I congratulate my hon. Friend the Member for Liverpool, Walton (Steve Rotheram) on his contribution and welcome this further debate. I welcome the work of those outside the House who are campaigning daily to try to get to the truth of what happened more than 40 years ago. It is clear that an injustice has taken place and that the convictions were wrong. It is clear that those convictions caused tremendous difficulty to people at the time, but many, including a number of my constituents, bear the cross of those convictions still.

My hon. Friend made a strong case, and I do not wish to repeat it; it speaks for itself. It is, however, important to remember that the strike was about pay and working conditions. In the three years before that strike took place, 571 people had been killed and 224,000 had been injured in the building industry. The strike was about trying to get fairness at work. Such issues will of course generate strong passions, but the key question is whether the strike generated criminal activity. I believe that the Government have information on that and that the ongoing criminal review will show that the strike was not a criminal act, but an argument about conditions at work.

My hon. Friend has covered the long history in detail, but I have taken an interest in this case and campaign for some time. I am a Member of Parliament for a north Wales constituency and I represent a large number of the people who were charged and convicted at that time—some are still alive and some have died.

Let me make a confession, Mr Howarth: I was a Minister at the Ministry of Justice in the latter part of the last Labour Government. I could not raise the issues as a Minister, but as a constituency MP I wrote to Jack Straw, the then Member for Blackburn, in 2008-09. I asked him on behalf of my constituents whether we could release papers relating to the convictions, the trial and surrounding matters. My right hon. Friend, as he was then and still is now, agreed to look at those papers. After consideration, the Labour Government agreed to release the papers relating to the trial in 2012. Obviously, we lost the election in 2010.

I took it upon myself on 8 November 2010 to write to the then Justice Secretary, the right hon. and learned Member for Rushcliffe (Mr Clarke). I said that there was a commitment from my right hon. Friend, the then Member for Blackburn, to lift the blanket ban on those papers and to release them in 2012. I asked whether he would stick to that agreement. He wrote back saying that the blanket agreement was still in place and would be in place until 2012, but that he was reviewing the matter. I gave him the benefit of the doubt.

On 23 March 2011, I wrote to the then Justice Secretary again and asked him to make a decision. He wrote back and said that he was still considering the matter. I wrote to his successor, the right hon. Member for Epsom and Ewell (Chris Grayling), on 20 November 2012. He said, “Thanks very much, David. It is very nice of you to write, but on 19 December last year, unbeknown to you or the House and without any disclosure, the right hon. and learned Member for Rushcliffe signed a new instrument, giving his approval for the retention of the records.” The retained records include the information that my hon. Friend the Member for Liverpool, Walton mentioned, but also—this has helpfully come to light—information relating to other matters. That is why a Minister from the Home Office is responding to the debate.

Why is that information important and why are those papers still being retained? As my hon. Friend said, we had a debate in January last year on a Back-Bench motion, in which the House overwhelmingly voted to support the release of the papers. The Justice Minister at that time indicated that he would review the matter further; presumably, he said that on behalf of the Government that the Minister here today was and is a member. The then Justice Minister said at the time that under existing public record legislation, papers would be retained past the 30 years only if they were

“retained for any other special reason”.—[Official Report, 24 March 2015; Vol. 594, c. 468WH.]

On 1 January 2013, the same Government began their move to transparency, deciding that 30-year documents would be released after 20 years because they wanted to be open and transparent. Yet in the case of the papers relating to the Shrewsbury trial and convictions, the Government do not want the 20-year rule to apply. They do not even want to stick at 30 years, which is the current figure, but prefer a situation in which my constituents, who face this issue every day of the week, have to wait until 2022 before they can find out what documents the Government choose to release, all because of some nefarious issue relating to “some other special reason”. My hon. Friend the Member for Liverpool, Walton has mentioned what the other special reason could be: the involvement of the security services.

Before I came to this debate, I googled the words “Falklands war”. We might think those words would elicit closure, secrecy and lack of transparency. I can find out anything I want about what was said in the Cabinet, what was undertaken in Cabinet and what was done at the time about the Falklands war, yet I cannot find information about what happened 10 years before that during an industrial dispute, because the Government have undertaken some disclosure, but not full disclosure.

What is so secret, so damning, so damaging and so improbable that the Government, 40 years on, will not let people have full access to the history of their case?

[Rob Marris (Wolverhampton South West) (Lab)]

Does my right hon. Friend agree that we live in a very curious state given that Ricky Tomlinson is apparently seen as more of a threat to national security than General Galtieri?

[Mr Hanson]

I am grateful to my hon. Friend for putting it that way. I will take that as a compliment to Mr Tomlinson, and also to my friends who live in my town in my constituency who face this issue daily. Where are the people who were working in the security services from 1972 to 1975? How old are they now? We are talking about 42 or 43 years ago. Were they in short trousers working for the security services? They will have retired. They will have gone. They will be off the face of the earth. They will have moved on. They are not there now in senior positions. If they are, let us hold them to account for what they have done.

This 42-year-old case matters to me and my constituents. I do not want to mention people by name—they know who they are—but I will provide one example. I will not put his name on the record; he knows who he is.

A colleague of mine is a town councillor in the town where I live. He is the mayor of the town. He will be putting on his red cloak and his chain in a week’s time for another civic event. He has served as a county councillor, been on the police authority, worked as a lecturer and is a citizen of the community in which I live. He is respected, well known, well loved and well liked, yet he cannot go to America on holiday with his friends and family because of an event 42 years ago: he got a conviction that, if the information was found, could be proved to be false. My constituent, the mayor, cannot get a visa, even today, to travel to the United States, because he is viewed as a threat to security. This person lives in my town, serves on a police committee and is the mayor of the town. He can walk down the street and hold his head high for what he tried to do at the time.

If disclosure is going to be unfair to somebody in the security services or Lord Hailsham or another Conservative Minister, so be it. Their reputations might deserve to be challenged at this stage. What is not fair is for my constituents—not only the one I have mentioned—to live in a community that knows they have been to jail or have convictions when those convictions are false. That is what the issue is about. This is not fun and games between the Government and Opposition Members; this is about real people’s lives and we want to see justice done. We should see the information and let the world judge whether there is something to hide.

I do not know what the documents contain. Let the world judge and not say what the Chancellor of the Duchy of Lancaster, the right hon. Member for West Dorset (Mr Letwin), said to me in a parliamentary answer on the Floor of the House on 21 October. When I asked him about releasing the papers, he did not say, “I am reviewing it”, “I will look at it”, or “There may be a case”. He said:

“No. I have no intention of authorising the release of those papers, which relate to the security services.”—[Official Report, 21 October 2015; Vol. 600, c. 940.]

The Minister needs to justify that answer and not simply say there is no reason to release those papers. He needs to talk about transparency and explain what happened 43 years ago. I support my hon. Friend the Member for Liverpool, Walton and the case he has made. The Minister must respond and I look forward to hearing what he says at the end of this debate.

--- Later in debate ---

[Andy Burnham]

Let me read from the note quietly and carefully so that no one is under any doubt. It says: “before the Officers”—the police officers—

“taking the statements knew what we were trying to prove.”

I put it to the House that that document, which has not been made public before, is the smoking gun in the Shrewsbury case. It is clear that the police felt it incumbent on them to investigate propelled by a prosecutorial narrative, rather than by an even-handed investigation of events. I was led to believe that the Conservative party believed in the Peelian principles of policing, but they were not followed in this case. Transcripts of the trial reveal that the court and the jury were never informed of the destruction of those original witness statements. That fact alone raises major questions about the conduct of the trial and the safety of the convictions.

I turn to the trial itself and the Government attempts to influence it. “Red Under the Bed” was a television programme made by Woodrow Wyatt for Anglia Television. Its aim was to reveal communist infiltration of the trade unions and the Labour party, but it was also clearly intended to influence the trial. Wyatt’s controversial commentary was interspersed with footage of John Carpenter and Des Warren and pictures of Shrewsbury Crown court. The programme was first broadcast across ITV regions on 13 November 1973, the day the prosecution closed its case. We know that the judge watched a video of the programme in his room just after it was broadcast. It is inconceivable that the programme did not influence the trial, and unthinkable in this day and age that a television programme prejudicial to a major trial could have been aired during that trial. But it was.

I will now reveal the full back story about how the programme was made. I have here a memo, headed “SECRET”, to a senior Foreign and Commonwealth Office official from the head of the Information Research Department, a covert propaganda unit operating within the FCO. It says:

“Mr. Woodrow Wyatt’s television programme, ‘Red under the Bed’, was shown nationally on commercial television on Tuesday, 13 November, at 10.30 p.m…We had a discreet but considerable hand in this programme…In February Mr. Wyatt approached us direct for help. We consulted the Department of Employment and the Security Service through Mr. Conrad Heron’s group…With their agreement, Mr. Wyatt was given a large dossier of our own background material. It is clear from internal evidence in the programme that he drew extensively on this”.

What an extraordinary thing for a Government official to be writing in a memo to a senior civil servant!

It gets worse. In the next paragraph, the head of the unit says this:

“In our estimation this was a hard-hitting, interesting and effective exposure of Communist and Trotskyist techniques of industrial subversion. But Mr. Wyatt’s concluding message, that the CPBG’s”—

the Communist Party of Great Britain’s—

“main aim is to take over the Labour Party by fair means or foul—an opinion which is almost incontrovertible—offended the Independent Broadcasting Authority’s standards of objectivity, as they interpret the Statute…This difference of opinion held up the showing of the film”.

This is senior civil servants talking about the infiltration of the Labour party—a spurious claim that they were trying to make through a television programme that they were directly involved in making. It is astonishing that it came to that.

Knowledge of what was going on went right to the very top. The Prime Minister’s Principal Private Secretary put in a handwritten note to Mr Heath. It says:

“Prime Minister…You may like to glance through this transcript of Woodrow Wyatt’s ‘Red Under The Bed’ TV programme.”

The reply came back from the Prime Minister:

“We want as much as possible of this”.

On the back of that, the PPS wrote a further confidential memo to Sir John Hunt, the Cabinet Secretary. It says:

“The Prime Minister has seen the transcript of Woodrow Wyatt’s television programme…He has commented that we want as much as possible of this sort of thing. He hopes that the new Unit is now in being and actively producing.”

The “new Unit”.

[Rob Marris]

What new unit?

[Andy Burnham]

Yes, we can only wonder what that was. In a reply headed “Secret” and copied to the Prime Minister, Mr Hunt writes:

“I confirm that the new Unit is in being and is actively producing material. Use of the service”—

the Security Service—

“is being kept under continual review between the Lord Privy Seal and Mr Heron.”

So there we have it: the security services were helping to make not only a television programme that was nakedly political in its aim of damaging the Labour party but, in the case of the Shrewsbury 24, a programme that was prejudicial to their trial and that went out in the middle of their trial. The Government were complicit in making that happen.

The documents that I have revealed today lead us to only one conclusion: the Shrewsbury 24 were the convenient scapegoats of a Government campaign to undermine the trade unions. They were the victims of a politically orchestrated show trial. These revelations cast serious doubt on the safety of their convictions. Let us remember: this was a domestic industrial dispute led by one of the less powerful trade unions of the day, involving industrial action in and around a number of small market towns in England and, on the day in question, no arrests were made.

How on earth, 43 years on, can material relating to it be withheld under national security provisions? I put it to the Minister that the continuing failure to disclose will lead people to conclude that the issue has less to do with national security and more to do with the potential for political embarrassment if what was going on at the time were widely known.

We need from the Minister today a guarantee that all the papers identified as important by the Shrewsbury campaign are released to the National Archives. That is vital. As my hon. Friend the Member for Liverpool, Walton said, the individuals concerned are not getting any younger. They have a right, even now, to a fair trial, and it is only when all the documents are released that we will know whether they received one.

But in the end, the issue is about more than 24 individuals. There is a modern-day relevance to today’s debate, with a Trade Union Bill going through Parliament that requires police supervision of the activities of trade unions. In the light of what I have revealed today, perhaps the public will understand more why the trade union movement objects so much to that Bill, and why the Bill has sinister echoes of the past. It also comes at a time when the Government are asking for our support for an extension of the investigatory powers of the police and security services.

As I have said before, I am prepared to support them on that. But if the Government want to build trust, they must be honest about the past. It is only by learning from this country’s past mistakes that we will be able to build the right safeguards into the new legislation and prevent future abuses by the state. I do not make my support conditional on that; I am asking the Government to help to build trust so that we can help them get the legislation right.

In the end, the Shrewsbury case is about how we were governed and policed in the second half of the last century. Like my hon. Friend the Member for Liverpool, Walton, I see clear parallels between Shrewsbury and Orgreave, where trumped-up charges against miners were thrown out of court—and, of course, with Hillsborough, where statements were altered to fit the narrative the authorities wanted. In all three cases, the establishment tried to demonise ordinary people.

--- Later in debate ---

[Mike Penning]

I apologise if I inadvertently indicated that there was anything sub judice. Clearly there is not. The CCRC is there, before we get back into the courts, to independently look at what was going on.

Before I answer the question that the hon. Member for Oldham East and Saddleworth (Debbie Abrahams) asked me, let me say that 1972 is a long time ago. There have been many Governments, of two different persuasions, in power during that time.

[Rob Marris]

Three.

[Mike Penning]

Yes, three if we count the last one. For this to be a Tory conspiracy, whenever we are in government, I just do not understand as to why—[Interruption.] Bear with me. I do not understand why this has not been addressed before now. That is the point I am trying to make. It is all too easy to say, “You nasty, horrible guys. You’ve been in government for a long time, and you’ve not done this.” As the right hon. Member for Leigh said, we have done an awful lot, particularly on Hillsborough.

--- Later in debate ---

[Mike Penning]

I do not. There was a decision made by Jack Straw at the time. Previous Labour Home Secretaries had not done it. I accept the evidence that I have not seen before today, but if we really want to get to the truth, Labour Members cannot just say, “We were in government for 13 years and did absolutely nothing about it, and it is now suddenly your fault because you happen to be in government today.” I just do not accept that.

[Rob Marris]

Will the Minister give way?

[Mike Penning]

No, I am going to try to answer the hon. Member for Oldham East and Saddleworth in as straight and honest a way as I possibly can.

The Chancellor of the Duchy of Lancaster, my right hon. Friend the Member for West Dorset (Mr Letwin), looked at the documents carefully and said to the House that he will not reveal them, and that stands. He and the Cabinet Secretary—not a Tory politician—looked at the documents and

“both came to the firm conclusion that they do not relate in any way to the question of the safety of the conviction of the Shrewsbury 24”—[Official Report, 21 October 2015; Vol. 54, c. 940.]

--- Later in debate ---

[Mike Penning]

As the right hon. Member for Leigh said, I have been in many Departments, and I do not make instant judgments. I will look carefully at it.

On the shadow Home Secretary’s point, I am more than happy to meet the campaigners. I know that the Minister for Security—probably the more relevant person for the documents we are referring to—is also more than happy to do that. If there are other Ministers in Government who it would be pertinent for the campaigners to meet—I am probably putting my foot in it again, as usual—I cannot see any reason why they should not be able to do so. That is a way we can move forward.

[Rob Marris]

I welcome that statement. I say to the Minister, in all humility and as a lawyer, that my hon. and right hon. Friends and I are not saying that the Shrewsbury 24 were innocent of criminal offences. That is not for us to say. What we are saying is that, on the evidence, particularly that produced today, there appears to have been a major injustice done—that those individuals were denied a fair trial to decide whether they were guilty or not. We want the Government to address the injustice of the apparent suppression and destruction of documents that would have aided the defence of the Shrewsbury 24 to make their case in a fair trial. They did not get that fair trial. That is the injustice that we want addressed. We are not saying today that they are innocent; we cannot do so as legislators.

[Mike Penning]

The hon. Gentleman makes a fair point. I am not a lawyer, and it is actually quite useful in the Home Office and the Ministry of Justice not to be a lawyer, because I can look at things in a slightly different way.

The Criminal Cases Review Commission did not exist in the ’70s—it was not put in place until 1997. It is absolutely imperative that the documents that the shadow Home Secretary has put before the House today are presented to the CCRC, so that it can do exactly what it says on the tin and impartially and independently look at the case. I know that other evidence has been submitted to the CCRC by the campaigners that we have not heard today, and it is imperative that we let the CCRC do its job.

[Rob Marris]

With the full documents.

[Mike Penning]

With the documents, as we are saying. The CCRC has had access to any documents of any description that it requires and has asked to see. Those are exactly its powers.

I want I give the hon. Member for Liverpool, Walton an opportunity to respond. I want to be as helpful as I possibly can. If meetings need to take place, they should take place. We are examining documents within the Home Office now to see whether they are relevant and if they are, we will do everything that we possibly can. However, there has been a decision—not my decision, but a decision made by the Cabinet Secretary, who I would think is fairly independent on such things, and the Chancellor of the Duchy of Lancaster—that the documents that they have withheld have no relevance to the case of the Shrewsbury 24, and the Government are standing by their decision not to release those documents on the basis of national security. I know that that is perhaps not the answer that Opposition Members wanted from me, but that is the position of Her Majesty’s Government.

I will do everything that I can to assist the campaign as much as possible. If I was a constituency MP for the campaigners, I would be sitting there today, as hon. and right hon. Gentlemen and Ladies know, because that is the way I am. I passionately believe in the trade union movement. I was a member of it for long enough and have stood on picket lines myself. I believe in natural justice, which is what the CCRC is there for.