Ellison Review

Yvette Cooper Excerpts

Thursday 6th March 2014 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I welcome the statement that the Home Secretary has made and the work of Mark Ellison in drawing up this extremely important but serious and disturbing review. The findings of the Ellison review are extremely troubling and the Home Secretary’s statement today is serious.

Nearly 21 years ago, a young man of 18 was killed by racist murderers. Stephen Lawrence and his family were denied justice then and it is clear that they have been denied justice ever since. The findings of the Ellison review are all the more serious because, in the 21 years since, repeated attempts have been made to get to the truth and to deliver justice but, despite all those attempts, that still has not happened. We in this House should show our support today for the Lawrence family in their continued determination to get to the truth and to justice, but we also know that no family should have to keep fighting in this way for so many decades.

Let me touch on some of the key findings that the Home Secretary has set out. First, she said that the Ellison review stated that there were reasonable grounds for suspecting that one of the officers involved in the Lawrence investigation acted corruptly, but that has never been fully investigated. This is extremely serious and a full investigation is needed of the outstanding lines of inquiry identified by the Ellison review. I welcome the Home Secretary’s confirmation that this will now be looked at by the National Crime Agency, and also her confirmation that links with the Daniel Morgan inquiry will be pursued. Will she ensure—I am sure she will—that the House and the Lawrence family are kept updated with the timetable and course of this investigation?

Secondly, the Ellison review found that the full information about corruption and internal corruption investigations was not given to the Macpherson inquiry, and also that the Macpherson inquiry may have come to different conclusions as a result. It found also that the Metropolitan Police Service’s record keeping was a “cause of real concern” and that key evidence was the subject of “mass shredding” in 2003. Will the Home Secretary ensure that the NCA looks at whether information was wilfully withheld from the Macpherson inquiry or whether it was wilfully destroyed, and also looks at the wider issue of record keeping within the Metropolitan police?

The Home Secretary will be aware that we have asked before for an updated Macpherson-style review of progress since the original inquiry, because clearly a lot of changes were made as a result of the Macpherson inquiry. Does she not think this would be timely and that it would be an opportunity to look again at the conclusions of the review and whether they would have been different in the light of this further information?

Thirdly, the review found that undercover operations were carried out against those around the Lawrence family, and that information from those operations was given to those within the Metropolitan police who were involved in the legal case brought by the Lawrence family. It states:

“The reality was that N81 was, at the time, an MPS spy in the Lawrence family camp during the course of judicial proceedings in which the family was the primary party in opposition to the MPS.”

The review also found that the SDS, as the Home Secretary mentioned, was inappropriately and unjustifiably reporting on Duwayne Brooks. These findings are deeply disturbing. The Ellison review describes these operations as completely improper and wholly inappropriate, but the whole House will be shocked and we should condemn it in the strongest terms.

The Home Secretary is right: these revelations may mean that there have been miscarriages of justice. So I welcome her decision to instigate a public inquiry into the activities of the SDS. She will know that we have called for an inquiry into undercover policing, and it is right that there should be one. The Home Secretary is right to say that intelligence is a vital part of policing and the Ellison review says so, but it needs to be within a clear legal framework with proper safeguards in place. It is clear that that did not happen in these investigations and operations by the SDS against the Lawrence family and those linked to them at the time. We do not know how wide these miscarriages may go, but we cannot have a branch of policing that operated in this way, against the very ethos of policing and justice that it was charged with protecting and that the vast majority of police officers across the country have signed up to. Will the right hon. Lady discuss further not just with the family but with others on the Opposition Benches what form that public inquiry should take? We would welcome further discussions on that.

I welcome the Home Secretary’s decision to keep pursuing the truth. The Macpherson review was set up to get to the truth in the first place. It is important, too, that we should also keep pursuing justice. Will she ensure that in pursuing all these lines of inquiry, consideration is given to any lines that could lead to prosecutions of the further suspects in Stephen Lawrence’s murder?

Finally, I urge the Home Secretary to consider going further in the reforms that she talked about towards the end of her remarks. There is a serious question about whether the IPCC was able to investigate in the way that the Ellison review has done when it carried out an inquiry in 2006. The IPCC is the independent body charged with such investigations and should be able to get to the truth, but it was not able to do so. It is bad for justice and for policing not to have a credible body able to get to the truth the first time round.

I agree with the Home Secretary about the importance of force-level professional standards. She will know that forces have raised concerns that resources are being transferred from force-level professional standards in corruption investigations to the IPCC. Clearly, both need to be able to do that important job.

I also ask the Home Secretary to go further on the oversight of undercover policing. Clearly that will be considered in the public inquiry, but I urge her to look, in parallel, at further safeguards. As she will know, we have previously suggested additional safeguards, including on pre-authorisation for longer-term operations, because the current oversight regime has clearly not been effective enough in preventing some of the problems that have arisen.

I also ask the Home Secretary to look at the implications for the Hillsborough inquiry. As she will know, when we had the discussion three weeks ago, we also raised concerns about whether there was inappropriate surveillance or intercept against the Hillsborough families. It is hugely important that we get to the full truth about that and that it comes out at the earliest possible opportunity.

Twenty-one years later, no one should underestimate the gravity of the institutional failure two decades ago or the seriousness of the continued institutional failure to get to the truth. The Home Secretary has rightly said that we need to get to the truth. Police officers do a vital job, helping to keep the public safe every day. They need public trust and confidence, and we all need truth and justice. Three weeks ago she made the statement about the failure of the criminal justice system to get to the truth and to get justice for the families of Hillsborough victims decades ago, and today we have heard about that failure over the murder of Stephen Lawrence decades ago.

Families should never have to wait decades to get to the truth. Everyone must recognise that, unless we get to the truth and get justice, these tragedies will continue to cast a long shadow over the vital work that our criminal justice system and the police need to do. We owe it to the families, but we also owe it to confidence in the justice system.

[Mrs May]

I entirely agree with the right hon. Lady’s comments on the significance of the review. Of course, as she said, it is not alone in identifying problems with how cases have been treated; the Daniel Morgan case and the results of the Hillsborough Independent Panel also revealed failings that had taken place. As she said, it is absolutely imperative, in order to ensure that there is trust and confidence in the police, which is vital for us all, that we deal with these failings appropriately and get to the truth.

As the right hon. Lady and I have said, the results of the Ellison review are truly shocking. I suspect that it will take hon. Members some time to examine all the aspects that Mark Ellison has brought out, but the extent to which the report shows that a deep failure occurred at the time of the incidents and behaviours he examined is obvious from the remarks I have made today. It is therefore necessary that we follow that up by a number of different routes.

With regard to the timetable for the further investigation I have referred to the director-general of the National Crime Agency, I will of course be happy to keep the House informed of the results and how it will be taken forward. I would expect the director-general to look at the various issues the right hon. Lady referred to when considering how the investigation should take place and what is necessary to ensure that prosecutions, if they are required, can take place.

I do not think that it will be possible for us to discuss the form of the public inquiry properly until we have seen more of the next stage of Mark Ellison’s work, which is considering the wider issue and the question of miscarriages of justice. However, I will of course want to ensure that the public inquiry has the right terms of reference and that it is able to conduct the job that we want it to do and that the Lawrence family will obviously be concerned that it does. At the right time, I think that it will be appropriate to have discussions about the form of the public inquiry and its terms of reference.

On the IPCC, as the right hon. Lady said and as I said, Mark Ellison finds that its inquiries and work were not adequate and that it did not find the corruption that is alleged to have taken place. I have already given the IPCC more resources, more power and more of a task. The right hon. Lady referred to transferring resources from professional standards departments. That is a reflection of the fact that we are transferring work to the IPCC. One concern that people have always had is about the police themselves investigating serious complaints against them. That is why we are transferring that responsibility to the IPCC and the resources to undertake it.

On the safeguards on undercover policing, we have recently made changes to enhance them so that although longer-term deployments—anything over 12 months—must be authorised by a chief constable, undercover deployments can be authorised by an assistant chief constable. The independent Office of Surveillance Commissioners must be notified of all deployments, so the oversight framework is already stronger.

The right hon. Lady rightly raised the concern of Hillsborough families that they may have been subject to inappropriate surveillance. I understand that a formal complaint has been made to the IPCC about that, and that it is considering how best to investigate the concerns that have been raised.

There is much still to be done. Change has taken place over the years but sadly, what we have seen today is that it is necessary to continue the inquiries and investigations to ensure that, for the sake of the family particularly and for all of us and our trust in the police, we get to the truth.