Operation Conifer — House of Lords, 2018-12-11
Topic: Law and Crime
David James Fletcher Hunt (Conservative, Centre-right): My Lords, I declare my interests as set out in the register, particularly that I had the honour to follow the noble Lord, Lord Armstrong of Ilminster, as the chairman of the Sir Edward Heath Charitable Foundation. I am delighted with the speech of my former opposite number in the other place, the noble Lord, Lord Jones I congratulate my noble friend Lord Lexden, not only on making possible this important debate, and eloquently opening it, but on his dogged pursuit of justice and common sense in the wake of the highly unsatisfactory Operation Conifer. I very much welcome the speech of the noble Lord, Lord Thomas of Gresford, who set out the origins of this nonsense and how it emerged so clearly. Sir Edward Heath’s reputation matters to so many of us, as we have already heard. This is not only because he obtained the highest office in British politics. It is an open secret that politicians can be very exercised by the judgment of posterity. I recall that, in Shakespeare’s "Othello", when Cassio is discredited, he cries out: "Reputation, reputation, reputation! O, I have lost my reputation! I have lost the immortal part of myself, and what remains is bestial" The arch-manipulator, Iago, who has personally and insidiously orchestrated the ruin of Cassio’s reputation, responds: "Reputation is an idle and most false imposition: oft got without merit, and lost without deserving" Because of a number of unproven accusations against him, and because of the apparent credulousness of Wiltshire Police, Sir Edward Heath’s reputation—his good name—was, for a time, in acute danger of being lost for ever, without deserving. I think this is such an important debate I believe Ted’s name has now been, to all intents and purposes, cleared, but that is no thanks to anyone associated with Wiltshire Police. Spurred on by frankly bizarre guidance from the then Director of Public Prosecutions, that force treated pathetic fantasies and deliberate, knowing lies as the truthful accounts of "victims". Ted could not possibly defend himself against this web of deceit. Fortunately, others can and have defended themselves: Sir Cliff Richard; Paul Gambaccini; Lord Bramall, a hero who served his country nobly; and the late Leon Brittan, who could—and should—have been informed that the cases against him had been exposed as a tissue of lies before he died, but was not Ted Heath, who served this country with distinction in peace and in war, is now the real victim. Those who were complicit in creating and sustaining the slur against him must now realise they have lost, comprehensively. None the less, because he is dead, Ted is denied complete justice. He has had no opportunity to defend himself I have always admired what I have thought of as the traditional approach to policing, which dates back to Sir Robert Peel: a healthy balance between scepticism and credulity and an approach to investigation that is methodical, thorough, calm, well mannered and, above all else, always led by evidence. When police officers decide they are on some sort of crusade, they overstep a very dangerous line. Of course, the police enjoy operational independence—rightly so—but that cannot and must not mean they are not accountable for their actions If we are indeed to sanction full-scale investigations into allegations against deceased persons, we owe it to them to abide by the principle of habeas corpus; as the noble Lord, Lord Thomas of Gresford reminded us, this is the presumption of innocence, unless and until guilt can be established. That stretches back to Magna Carta and 1215. The officers in charge of Operation Conifer say that they would have investigated and interviewed Sir Edward Heath about those six or seven accusations. The final statement made in a lavishly expensive police operation, although no one now believes it, must have left a stain, a smell, a hint that all was not well—a possible imputation of guilt. Sadly, we know very little about the seven accusations. That makes it very difficult—almost impossible—for us to subject them to any sort of rigorous examination. I believe that three have already been straightforwardly disproven, but all seven should and could be rigorously scrutinised It should be up to the Crown Prosecution Service to consider all the evidence—if indeed there is any evidence, rather than accusations—very much as it would were the accused person alive. The CPS is well versed in knowing the difference between an accusation and evidence. Our conclusion is that a retired judge could easily consider both a prosecution and a defence case. I know many people who would gladly prepare the defence case, but I do not for one moment believe that the CPS would take any of these accusations seriously In welcoming my noble friend to the Front Bench, I hope she might disregard what is no doubt the very strong advice that she is receiving from within the Home Office that this move would set an unfortunate precedent. What is unfortunate about asking a retired judge to scrutinise these accusations properly It is a well-established rule of this great House to give voice to those who have no voice. In life, Sir Edward Heath had a very distinctive voice and, as we all have cause to remember, he was never afraid to use it. Thanks to his friends and former colleagues, here and elsewhere, although his voice is now stilled, his name has been comprehensively cleared. Other deceased individuals against whom false accusations are made may not be so lucky. We owe it to all of them, as well as to the genuine victims of crime, to ensure that justice is done and seen to be done. That can be now be done only by a proper independent judicial inquiry into these accusations. Ted Heath’s name has been cleared, but it has set an unfortunate precedent, which we must address.