Operation Conifer — House of Lords, 2018-12-11
Topic: Law and Crime
Diana Barran (Conservative, Centre-right): I do not have a personal view on that but I thank the noble Lord for his question. In a moment I will comment on some of the ways in which we feel that progress can be made in this area In the words of the noble and learned Baroness, Lady Butler-Sloss, in an earlier debate on this subject, the police face an "unenviable and difficult task", because they have a responsibility towards the accused as well as towards the victims. My noble friend Lord Lexden referred in the same debate to the research led by Professor Carolyn Hoyle and colleagues at Oxford University into the impact of false allegations of sexual abuse on those accused, particularly the fear of further allegations. Professor Hoyle rightly points out that this fear of further allegations is not true of other crimes. I know that pre-charge anonymity for suspects is of concern to noble Lords and has been raised by a number of speakers in this debate The release of suspects’ names to the media is addressed in the authorised professional practice guidance on media relations issued by the College of Policing. This makes it clear that the police will not name those arrested or suspected of a crime, save in exceptional circumstances where there is a legitimate policing purpose for doing so. Naming an arrested person before charge should be authorised by a chief officer, and the Crown Prosecution Service should be consulted. In May 2018, the college updated this guidance to make clear that this also applies where allegations are made against deceased persons. This seems to strike a sensible balance, but it is important that we get this right. The previous Home Secretary therefore asked Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services to carry out a short, targeted review of police adherence to the guidance on media relations, looking in particular at pre-charge anonymity. The inspectorate is undertaking a scoping study this financial year to consider where inspection activity might best be focused. In addition, the College of Policing is consulting on this issue with the National Police Chiefs’ Council, the Police Superintendents’ Association and the Police Federation The Government are genuinely trying to ensure that lessons are learned from the experience of operating this guidance. I hope this will go some way to reassuring my noble friend Lord Sherbourne, the noble Lord, Lord Tunnicliffe, and others who mentioned this The Government’s position on Operation Conifer remains as set out in the letter that my right honourable friend the Home Secretary sent to the noble Lord, Lord Armstrong, in October. The letter has been placed in the Lords Library. I thank all noble Lords for the careful consideration they have given to this matter. I recognise that the inconclusive nature of the investigation’s findings are unsatisfactory for everyone. I will make sure that my right honourable friend the Home Secretary gets a copy of the Hansard containing this debate I understand that there will be disappointment, especially among the many noble Lords who knew and worked with Sir Edward, but I repeat what I said earlier in my speech: no inference of Sir Edward’s guilt should be drawn from the conclusions of Operation Conifer. It is also absolutely clear that those noble Lords who knew Sir Edward well do not have any doubt about his innocence. I share the view of my right honourable friend the Home Secretary that the cloud of suspicion hanging over Sir Edward could only be removed if it were possible to interview him personally, something that sadly can no longer happen The response to my noble friend Lord Lexden’s final question, sadly, is no. We remain of the view that this is a matter for the local police and crime commissioner to handle, and it would not be appropriate for the Government to seek to persuade him how to go about this.