Jane Harrison

Siobhain McDonagh Excerpts

Friday 3rd February 2017 Commons Chamber

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

I am grateful to have the opportunity to lead this debate. Before I begin, I wish to thank my hon. Friend the Member for St Helens North (Conor McGinn) for championing Helen’s law in this House last year, following the tireless campaigning of Marie McCourt after her daughter Helen McCourt was murdered in 1988.

This is not a speech that I would ever have wished to make. On 15 June 1995, Ms Jane Harrison disappeared following a trip to Wood Green shopping centre. She has never been seen again and her body has never been found. She was just 32 years old. Jane was murdered by her jealous and controlling partner, Kevin Doherty. Jane left behind a grieving family, devastated parents and sisters, and two young sons, then aged 14 and just 18 months old. I would like this House to acknowledge the presence of Jane’s family in the Public Gallery today. I know that the Harrisons would be very grateful for the opportunity to meet the Minister in person to discuss their case.

The path to justice for the Harrison family has been long, and at times it has felt impossible. In January 2013, after 18 years of heartache and agony for the Harrison family, Kevin Doherty was finally sentenced to 12 years in jail for manslaughter. At the time of Jane’s murder, Doherty was leading a double life. He was married to someone else with whom he had other children, but he was also in a relationship with Jane. Together they had a baby, and Jane also had a teenage son from a previous relationship. Doherty was a controlling partner, and had been abusive to Jane previously.

On the day of Jane’s disappearance, the couple were seen arguing near her flat on Poet’s Road, Islington. The last trace of Jane was at 5 pm in Wood Green shopping centre, buying items for the family’s holiday to Florida. However, Doherty had already cancelled plans for the holiday without Jane knowing—because he knew that they would not be going.

Doherty claimed that he had later dropped Jane off at her mother’s house and that she had never returned home to him. Jane was reported missing by Doherty the following day. It was not until 2012 that technological advances allowed for cell site analysis to be undertaken, which proved that Doherty had lied to police in 1995 when he had originally been arrested. Doherty had claimed that Jane had called the landline at the family flat twice after she had disappeared. On both occasions the calls happened in the presence of witnesses. Call analysis in 2012 showed that the calls had actually been made from Doherty’s mobile phone. Furthermore, Doherty’s movements in the days after Jane’s disappearance did not tie in with cell site data. So what happened on 16 June 1995 remains largely unknown.

We do know that Doherty killed Jane. No one else has ever been investigated as being connected to the case. Doherty’s manslaughter conviction in 2012 should have provided the Harrison family with closure, but 12 years is not enough for a man who took away a loving mother, sister and daughter from her family.

At the same time, Doherty has never expressed any remorse for Jane’s murder, nor has he ever revealed the location of her body. Doherty’s final act of remorseless cruelty has meant that the Harrison family have never been able to give Jane the dignity of a funeral and a resting place. The Harrisons have never had somewhere to visit together on anniversaries—somewhere to place a bunch of flowers.

Jane’s parents, Phyllis and John, devoted their lives to searching for justice for their daughter and raising the two beloved sons she left behind, but they died before they were able to see Doherty finally being brought to justice. Jane’s sister, Claire, told me that it was her mother’s dying wish that Jane was found and laid to rest with her parents, but calculated murderer Doherty has denied the family that source of closure.

I hope that the Minister can empathise with the horror that the Harrisons felt when they discovered that Doherty, the same man that not only murdered Jane, but had concealed for 22 years where her body is, could be eligible for parole next year, six years into his 12-year sentence.

[Conor McGinn (St Helens North) (Lab)]

While we are waiting on Helen’s law, there is nothing to stop the Parole Board from changing its deadlines. I would like to hear from the Minister about how he is going to act on the letter that I received in May 2016, saying that this whole matter would be reviewed by the Parole Board. When will those guidelines be updated to prevent people such as the murderer of Jane Harrison from being released on parole?

[Siobhain McDonagh]

I completely agree with my hon. Friend.

The English legal system does not require a convicted murderer to admit guilt or to reveal the location of a victim’s remains before they are released on parole, after their determined tariff. It should be common sense that Kevin Doherty, like Ian Simms, the murderer of Helen McCourt, should under no circumstances be eligible to apply for parole. The law must be changed to acknowledge the suffering that Doherty has caused to the Harrison family.

Today, I wish to reaffirm my support for the campaign led in parliament by my hon. Friend the Member for St Helens North. First, murderers like Doherty must be denied parole for as long as they refuse to disclose the whereabouts of their victim’s remains. Secondly, Doherty, and those like him, must serve a full-life tariff, without the option of parole or release, until the murderer discloses the location, and enables the recovery, of their victim’s remains. This must pertain regardless of their behaviour in prison.

Thirdly, as stipulated in Helen’s law, the following rarely used common law offences must automatically be applied in murder and manslaughter trials without a body:

“preventing the burial of a body and conspiracy to prevent the burial of a body, disposing of a body, obstructing a coroner”,

as applied in the case of Regina v. Hunter in 1974. Those pieces of legislation would serve to properly enforce laws that are already in place but rarely used.

Currently, decisions are made by the Parole Board on a case-by-case basis, but the law needs to change so that it is, by default, on the side of victims and their families, not on that of the murderers. Even putting aside the families’ pain and grief, these murderers are dangerous. By refusing to admit their guilt, and by denying families this small act of closure, they demonstrate their culpability and their very real threat to society.

Sadly, hon. Members will know that Jane Harrison’s is one of so many devastating cases in which a body has never been found. I wish to take the opportunity to remind the House of the many other murder cases in which the body has never been recovered, including that of Helen McCourt in 1988, who was just 22; Keith Bennett in 1964, who was just 12 years old; Paul Morson in 2011, who was 32 years old; Danielle Jones from Essex, who was 15; Suzanne Pilley from Scotland, in 2010; and little April Jones in 2012, who was just five years old.

The families of each of those victims have suffered untold grief, without the humanity of a funeral and a peaceful resting place. Indeed, since 2007, there have been 30 murder cases throughout England and Wales in which no body has been recovered. In every single one of those cases, a murderer who continues to torment the families of their victims in such a cold-blooded way should under no circumstances be eligible for freedom. Jane’s killer should not have the option of freedom until Jane’s family are granted the dignity of a final resting place for her.

Without robust laws in place, our justice system can go horribly wrong. Take the example of the notorious Sidney Cooke, convicted child molester and serial killer. In 1989, Cooke was sentenced to 19 years for the manslaughter of 14-year-old Jason Swift, and he was guilty of the murder of seven-year-old Mark Tildesley. But in 1989, his sentence was reduced to 16 years, and he was paroled nine years later, in April 1998, having refused rehabilitation in prison and having never revealed where Mark Tildesley’s body was to his bereaved parents.

Mercifully, Cooke was rearrested in 1999 and received two life sentences. Nevertheless, that demonstrates that our justice system has made terrible mistakes in the past. We must act now to stop that happening again in future. The policy of “no body, no parole” is already in force in South Australia, and it is being considered in Australia at federal level. Under the law, convicted murderers in prison are given an opportunity to co-operate with the police in exchange for more lenient sentencing or parole options. All states in Australia have considered something like this, with South Australia and Victoria taking the lead in its actual implementation.

The law will only apply to people who have the opportunity for parole anyway, so someone could not get a lesser charge for information on the whereabouts of a body if they had no chance of parole from the outset. At the same time, just describing the location of a victim’s body would not guarantee a murderer early release. The Parole Board would still have the final say and could deny it if the perpetrator still posed a threat to society. As of now, Australia is the only country that has implemented something like this, even at the local level.

Along with my hon. Friend the Member for St Helens North and many others, I firmly believe that the UK could lead the way and be the second country to enshrine this law. This would not only give grieving families the chance for some closure but serve as a future example to others. I hope that the Minister will today outline the Ministry of Justice’s plans to amend the law to reflect this groundbreaking and fair mechanism, to deliver justice to the families who deserve it and to the memories of so many people. Jane Harrison’s family must not be let down by our justice system, and I hope that the Minister will agree that we all have a duty to preserve Jane’s memory. Jane should be remembered in life, more than in death, as a loving mum, sister and daughter.

This was not an easy speech to write and this is a very difficult subject for any of us to talk about, so I would like to end with a few words from Jane’s sister, Claire, who I know has fought for years for justice for her sister:

“We were so close, and we spoke every day. She was a wonderful sister, and a devoted mother. And I know that the last thing that my sister thought of the day she died was of her two boys.

This grief that we have carried for twenty-two years, it doesn’t get easier—it gets harder each day. And not to have some closure, somewhere for us to gather, to lay flowers —it is absolute agony.

I want to ask the Minister, what if this was a member of your family? Can you put yourself in our shoes? Could you stand to see a man who has caused such devastation walk free?

Please help us, for the sake of our whole family, for the memory of our wonderful Jane—and for all those who have had to suffer the same agony before and since.”

Please listen.