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Operation Conifer

Volume 839: debated on Tuesday 8 October 2024

Question

Asked by

To ask His Majesty’s Government whether they will appoint an independent legal expert to review the seven allegations of child sex abuse against Sir Edward Heath left unresolved at the end of Operation Conifer in 2017.

The noble Lord will be aware that four reviews of this operation have found it legitimate and proportionate. This is a complex matter with significant history, which I am approaching with an open mind. To that end, I will listen carefully to any representations that noble Lords make on the issue.

My Lords, noble Lords may recall the debate that we had on this in January. Did that not confirm and strengthen the conviction long held in all parts of this House that the seven unresolved allegations against Sir Edward Heath, to which this Question refers, should be subject to independent review? Do we not owe it to the memory of this deceased statesman to ensure that his reputation is not unfairly and improperly compromised in the eyes of posterity? That could so readily happen if we do not establish the full truth now, while the matter is still relatively fresh. Evidence in police files can be scrutinised carefully and impartially by an independent legal expert attuned to the circumstances of our times.

As the noble Lord mentioned, it is unfortunate that Operation Conifer was not able to resolve conclusively the position in respect of the allegations made against Sir Edward Heath. The Operation Conifer summary closure report emphasises—and I must emphasise this as well—that no inference of guilt should be drawn from the fact that Sir Edward would have been interviewed under caution had he been alive. I will reflect on the points that the noble Lord has made, as I will on any other points put before the House today.

My Lords, I welcome what my noble friend has said from the Dispatch Box, but is it not time, with a change of government, to put this story to rest by holding a comprehensive case review to examine all the papers? The instinct of the powers that be will be to leave well alone; however, an injustice remains. Cannot we, Labour, be the honest brokers who put this story to bed? Will Ministers give serious thought to my request for a specific inquiry?

I am grateful to my noble friend for his comments. If he reflects on what I said at the beginning of my Answer, I am approaching this with an open mind, and it takes time to reflect on those issues. The points he has made today are important, and I will reflect on those as part of my consideration of the issue raised by the noble Lord, Lord Lexden.

My Lords, the Minister will be aware that, before leaving the Home Office and after exhaustive consultation with very helpful officials, I had managed to draft a letter to the chief constable of Wiltshire Police that encouraged the possibility of another look at this while also scrupulously respecting the force’s operational independence. Can the Minister shed any light on whether this letter was ever sent? If not, will he agree to draft his own?

I hope that I do not ruin the noble Lord’s reputation when I say that I agree with him, in the sense that it is appropriate, potentially, for the chief constable of Wiltshire Police to examine the issues in the first instance. I am not aware of what happened in the previous Administration, because I am not party to that, but, equally, it could be a course of action for the noble Lord, Lord Lexden, to take forward to write to the new chief constable and ask her for her opinion on the issues that have driven the Question today.

My Lords, I greatly welcome the Minister’s response and his declaration of an open mind. When I was a working television producer, I spent a very great deal of time—many days—in the company of Edward Heath and all those around him. As far as I am aware, no one who ever worked with him believes that he was a paedophile. We have a poor record in this country of speedily resolving perceived injustice, so I strongly encourage the Minister to adopt the suggestion of the noble Lord, Lord Lexden.

I am grateful to the noble Lord, Lord Birt, for his comments. I must again say to the House that no inference of guilt should be drawn from the fact that Sir Edward Heath would have been interviewed under caution had he been alive. It is unfortunate that Operation Conifer ended without resolution. I personally feel, although I will reflect on the issues raised today, that the first port of call should be going back to the chief constable of Wiltshire for an investigation into the concerns that have been raised. I hope that that will potentially be undertaken by the noble Lord. I will certainly follow up on the Opposition Front Bench’s suggestion as to what happened to any previous letter.

My Lords, does the Minister not agree that some legal process needs to be established in the case of deceased people being accused of serious criminal offences, in light of the fact that it is not possible to hold a criminal trial nor to libel the dead?

The noble Lord will know that the College of Policing has looked at investigating allegations and calls for allegations made against individuals both living and dead and is currently potentially issuing guidelines to police forces around these matters. Again, this is a complex area. I want to reflect on the points raised today, and I am open to further scrutiny from this House in due course.

My Lords, both noble Lords can get in; we have plenty of time. Shall we take the noble Baroness’s question first?

My Lords, following the publication of the Independent Inquiry into Child Sexual Abuse in October 2022 and the government response a year later, the Government issued a consultation on mandatory reporting by professionals working with children when they suspect possible abuse. The result of that consultation has still not been published a year on. One of the best ways of ensuring that there are no malicious allegations against senior politicians is to see that result and for a government response. When do this Government plan to implement the recommendations of the IICSA report?

If I may, I will look into the issues that the noble Baroness has raised and write to her with the detail very shortly in response.

My Lords, in declaring my interest as the immediate past chair of the Sir Edward Heath Charitable Foundation, I warmly welcome the Minister’s commitment to this House that he has an open mind, which I believe has tremendous support. But it is not just what is in the police files; there are a number of other matters that require scrutiny. The first is the fact that the former chief constable of Wiltshire, Mike Veale, has now been totally discredited. There is also the fact of the manner in which the police and crime commissioner was cut out of the whole investigation by the appointment of a so-called scrutiny committee, and then there is the fact that so many of the police logs at the entrance to Sir Edward Heath’s home, Arundells, were wantonly destroyed. All these matters require close investigation.

I am grateful to the noble Lord, Lord Hunt, for his comments. It draws me back to the point I put to the noble Lord, Lord Lexden, on the suggestion of the Opposition Front Bench. The chief constable of Wiltshire rightly has the investigatory powers to investigate any matters that are of concern, including those raised by the noble Lord in relation to her police force, as indeed does the police and crime commissioner in response to this, who is a different police and crime commissioner to the one who was operational at the time. I would suggest that, whatever my reflections on these matters are—I will make those reflections—it would be helpful for the noble Lord, Lord Lexden, to raise those issues again with the current chief constable and the current police and crime commissioner.

My Lords, it is very good to hear that the Minister has an open mind on this matter and will listen to representations. I think he will find that there are a lot of representations from Members of this House. There is merit in asking the chief constable to look at it, bearing in mind that it was her predecessor who is the source of all this trouble.

Again, the noble Lord will have great experience of government and I think served as an official in Sir Edward’s Government at some point. I joined the Labour Party because of Sir Edward, but that is another story altogether—

But what we should try to reflect upon is the fact that the chief constable has responsibility for this investigation in Wiltshire. It is not for Ministers to investigate; it is for the chief constable. That would be a useful source of direction, and I am grateful for the noble Lord’s suggestion and support.