James Bulger Murder: Public Inquiry

Jess Phillips Excerpts

Monday 25th March 2024 Westminster Hall

[Jess Phillips (Birmingham, Yardley) (Lab)]

For the bulk of my time I am going to dedicate my voice, as my right hon. Friend the Member for Knowsley (Sir George Howarth) also did in part, to the voice of Denise Fergus, James’s mother. Like my right hon. Friend, I have a statement from her with me:

“Honourable Members of the House of Commons, my name is Denise Fergus, and I am present today as a mother whose heart has been shattered and whose life has been forever darkened by the loss of my dear son, James. For over 30 years, I have carried the unbearable weight of his absence, a void that can never be filled, a pain that never subsides.

When James was so cruelly taken from us, the justice system promised retribution and rehabilitation for his killers. Yet the sentences they received meant they would never face the reality of an adult prison, never undergo the rigorous rehabilitation that such a heinous crime demands. As time passed, I learned more about the circumstances of my son’s case, details that, had they been considered, could have significantly altered the course of justice.

I was in the depths of despair, unable to attend the trial, feeling as though I had been cast adrift in an endless night. The world around me was devoid of light, and even if I had been present in the courtroom, the words would have passed through me, leaving no mark, for I was consumed by grief.

The repeated reoffending of one of James’s killers, the last time being six years ago, reignited my fight for justice. I had always feared he posed a threat to society, and my worst fears were confirmed when he was convicted once more. It was then that I requested the full details of the post-mortem report, bracing myself for the truth I had long suspected—that my little boy had suffered injuries of a sexual nature. The confirmation left me numb, yet it also steeled my resolve to fight harder than ever to ensure that such a person would never walk free to endanger another child, another family.

There are so many unanswered questions that haunt me. Why were critical aspects of my son’s case overlooked? Why did it seem as though the most damning evidence was swept aside? Why? In the hope that I would never seek the truth? Why was the attempted abduction charge not given to the jury to consider? I am here to say that I will never stop fighting for James. He cannot stand up for himself, so it is my duty as his mother to be his voice, his champion.

I implore you, Members of the House, to hear my plea. We must scrutinise the errors that were made, the sentencing that fell short, the conduct at Red Bank House, and the reports that were omitted from the Ormand review—reports that Sir David Ormand knew of but did not disclose. I read these omissions with a heavy heart, knowing that they represent a failure in the pursuit of justice for my son.

No parent should endure what I have. The loss of a child is an unspeakable tragedy, but to know that justice has not been fully served deepens the wound. I ask you to stand with me, to ensure that the mistakes of the past are not repeated, and to uphold the principle that every child’s life is precious and deserving of justice. Thank you for listening to a mother’s enduring love and her unyielding quest for truth.”

Those are Denise’s words. I have got to know Denise personally over the last weeks and months, and I seek to lend my voice to her campaign for getting to the truth and accessing justice. It is one thing for us all to read about Jon Venables being recalled to prison in the newspapers; it is a completely different thing to live every single day in fear, waiting for the next piece of news. That is what is written on Denise’s face when I sit opposite her.

In 2018, my right hon. Friend the Member for Knowsley tabled a parliamentary question about breaches by Thompson and Venables between 2001 and 2018. A copy of that question is provided in the very helpful debate pack that was collated by the House of Commons Library before this debate. The answer to that question revealed that 70 breaches of their life orders had been found in the 17 years between 2001 and 2018.

Denise tells me that the issues that should be considered include how the Omand review’s terms of reference did not include the time when Venables is alleged to have had sexual relations with somebody who was meant to be in charge of him, which my right hon. Friend highlighted, and the previous abduction. She also tells me that when breaches have occurred, she has not been told about them in the manner promised to her by all sorts of standards set out for victims. Actually, when Venables was last recalled, Denise was not informed until a week later, and that was only because it had been in the press. The standard of communication that should have been afforded to her and the rest of James’s family in this case has not been met.

I have dealt with many family members of people who suffered murder. When a person suffers such a heinous crime, each and every time that the state does not live up to an obligation that it promised the victim it would fulfil, the belief that the case was handled well in the first place is eroded a bit. Each and every time something has gone wrong in this case, over the last however many decades, it is a reminder that things were missed, that things were not covered in the court case, that things did not happen. We then wonder why families call for a public inquiry. It is because things got missed. We all know from the many cases that we have handled that things get missed, and when things get missed once, they get missed again in the future. In that future, since James’s death, things have been missed in this case.

The glare of all the media is on this case. I handle cases where nobody knows the name of the little boy or girl who was killed, and I suspect that Denise Fergus is getting a better service than most. The point of having a public inquiry and truth and justice-seeking reviews is not just to get retribution, or to satisfy and tick a box for a grieving family. It is to ensure that our systems are correct. My own child is sat in this room with us today. I want to know that when I am not with him, systems are in place to ensure that the i’s are dotted and the t’s are crossed. For so many years, James’s mother has felt that she was the last to know, that she was not informed, and that she had to find out, years after the fact, about the sexual violence. It is no wonder then that we end up at a point where a public inquiry is requested. It is the very least that they deserve.

--- Later in debate ---

[The Minister of State, Ministry of Justice (Edward Argar)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Henderson. At the outset, may I join right hon. and hon. Members in acknowledging the dedication and determination of Mrs Denise Fergus, James’s mother, in campaigning on this petition and successfully securing a debate on this hugely important matter through the Petitions Committee? Sadly, in this Chamber and in the main Chamber we are, on occasion, called upon to debate deeply sombre, traumatic and saddening matters, but it is right that we do so and that we cast that light upon them. I am grateful for the tone adopted by all right hon. and hon. Members who have spoken; it is appropriate that this debate has been conducted in that manner.

I pay tribute to Denise Fergus for her and her family’s tireless and dignified campaign to obtain justice for her son James, who was so cruelly taken from her in February 1993 when he was just two years old. We have heard from the right hon. Member for Knowsley (Sir George Howarth) about the circumstances, which to this day remain shocking and harrowing. No one can fail to be shaken by them still, even after the passage of time.

The murder of James was a crime that rightly shocked the nation and continues to do so. The shadow Minister, the hon. Member for Stockton North (Alex Cunningham), highlighted the harrowing images on CCTV. I recall seeing those images when I was still at school, many years ago. I recall the dreadful inhumanity—the evil—that we all realised had taken place. I remember not just the horrendous events themselves, but the shock that they were carried out by two 10-year-old boys.

I am grateful for the recognition in the course of this debate that many of the decisions made in the context of the case were made by independent bodies: the Crown Prosecution Service, the sentencing judge and the Parole Board. I will turn to that point in a moment. As has been said, Thompson and Venables were released in 2001 on the recommendation of the Parole Board, subject to a lifelong anonymity order granted by Dame Elizabeth Butler-Sloss, to which you quite rightly drew our attention, Mr Henderson.

Thompson has remained in the community on life licence without further offence. However, Venables has twice been recalled to custody and subsequently convicted of further offences involving the possession and sharing of illegal images of children: first in 2010, when he was sentenced to 24 months’ imprisonment, and then, having been re-released on the direction of the Parole Board in 2013, again in 2018, when he was sentenced to 40 months’ imprisonment. Since Venables became eligible to be considered for release on life licence, following recall, the Parole Board has found on three successive occasions, most recently in December last year, that it remains necessary on the grounds of public protection that he remain confined to custody.

Against that background, I think anyone could well understand the concerns surrounding the first release decision in 2001 and, specifically, understand and appreciate the call for a public inquiry. However, although I fully appreciate the significant concerns that have been expressed and the strength and sincerity of feelings on the issue, I am afraid that I am not today in a position to announce a public inquiry. I appreciate that that will be disappointing to those in the Public Gallery, as well as to Opposition Members. If the right hon. Member for Knowsley considers it helpful, I am open to meeting him and his hon. Friends to have a further conversation about the matters that we are debating.

As hon. Members have highlighted, the then Government commissioned the Omand review, which was published on 23 November 2010. The review did not question the decision that the Parole Board made in recommending Venables’s release in 2001, based on the evidence at that time. The review looked in considerable detail at the management of Venables and made detailed recommendations to address the shortcomings in supervision that had marked some of that period. The subsequent period of supervision, from 2013 to 2017, was consistently tight; in fact, it was the means by which the further offending came to light and a successful prosecution could subsequently be mounted.

I fully understand why the nature of that further offending gives rise to significant concerns as to whether the decisions to release Venables were defective. It may be helpful if I briefly provide a little more explanation about how the Parole Board determines whether prisoners serving life or other indeterminate sentences are released. For any offender sentenced to life imprisonment, a minimum period for that imprisonment is set for the purposes of punishment and deterrence. After the minimum term has been served, by law the prisoner may continue to be detained in custody only so long as their risk requires it—in other words, unless the prisoner’s risk can be effectively mitigated and managed in the community by means of the obligations and restrictions of a post-release licence.

Where it issues a release direction, the Parole Board is concluding that the probation service and partner agencies, taking account of the powers that arise from a post-release licence, have the means to mitigate remaining risks and so prevent the public from being exposed to undue risk. Obviously any such decision involves a judgment, and regrettably the Parole Board can never be completely certain that any prisoner it releases will not reoffend. When the Parole Board determined in 2001 that Thompson and Venables were safe to be released, it took account of risk assessments and reports provided by various professionals. By the time of their release, each had completed their minimum term.

When Venables was recalled to custody in 2010, the then Secretary of State for Justice, Jack Straw, asked Sir David Omand, the former permanent secretary to the Home Office, to undertake a comprehensive review of the management of Venables and set the terms of reference for that review. A version of the review was published in November 2010; I say “version” because, as hon. Members will be aware, it was redacted to comply with the terms of the court anonymity order. The redacted version is available on gov.uk.

In his review Sir David noted that Venables had been detained at Red Bank secure unit, run by St Helens Borough Council. During his time at Red Bank, an allegation was made about an incident involving Venables. I am aware of the press reports speculating about the nature of that incident, but I have seen no contemporaneous official account of it. I appreciate that this will potentially be frustrating for those listening, but I therefore believe that it would be inappropriate for me to comment on the basis of the press reports alone.

[Jess Phillips]

I do not think anybody here would expect that; we are not judge and jury in this building. However, as the Minister said, Jack Straw was the last person to ask for a review. If, as the Minister has outlined, he cannot commit to a full public inquiry, is there not a case for another review to look into not only Red Bank, but the period of further mistakes since 2010? All we have currently is a review covering 2001 to 2010. Surely there were errors made post that period that need some transparency.

[Edward Argar]

I am grateful to the hon. Lady. At the risk of potentially damaging her reputation, let me say that I have huge respect for her; I did a lot of work with her when I was the victims Minister and she held the role of shadow safeguarding Minister. I appreciate her point. Without prejudice to any decision made, I have made the offer to meet with the right hon. Member for Knowsley. I am happy to have a conversation; I hope the hon. Lady knows from our previous interactions that I do not like to raise expectations that I cannot meet, so I do not intend to do that, but I will have a conversation with the right hon. Gentleman.

The Home Office asked an experienced former prison governor, Arthur de Frisching, to look into the incident at Red Bank. It appears, some years after the event, that no formal reason was found to publish a report into the incident at the time. St Helens Borough Council observed in a public comment that all allegations had been thoroughly investigated, but no copy of that could be found in the archives of either the Home Office or the Ministry of Justice. While the terms of reference for the review began with the preparations for the release of Venables, Sir David stated that he had found nothing in the material that he considered to cast doubt on the fundamental judgments made by the Parole Board at the time that the statutory release test was deemed to be satisfied.

Venables was recalled when police officers, having arrived to escort him to a new address on account of concerns for his safety, caught him trying to remove the hard drive from his computer. That led to an investigation, which resulted in his first conviction for downloading and sharing illegal images of children. In Sir David’s report, he made a number of recommendations designed to strengthen the future management of Venables and indeed of Thompson. Those recommendations recognised that the primary responsibility for supervising Venables lay with the probation service, working closely with the police and other relevant agencies under the statutory MAPPA arrangements. In Venables’s case, that meant the key actions to manage his risks being discussed and agreed at formal meetings attended by senior representatives of the probation service and police services, as well as other highly qualified specialists such as psychiatrists.

When Venables was re-released in 2013 at the direction of the Parole Board, the board set the robust licence conditions that it considered necessary to enable the probation service and its MAPPA partners to manage him effectively, mitigate his risk and help to protect the public. There was now a clear difference between the way he had been managed in the period from 2001 to 2010, as covered by the Omand review, and the way he would be managed from 2013 onwards.

It is deeply regrettable that Venables was discovered in 2017 to have been once again downloading and sharing illegal images of children. However, unlike in 2010, his offences were quickly discovered as a direct result of the monitoring and supervision that had been put in place, and there were immediate consequences, with his return to custody. As I have set out, the Parole Board has now concluded three times that Venables remains too high-risk to be released on life licence. For his most recent review, my right hon. and learned Friend the Justice Secretary submitted an overarching Secretary of State view recommending that Venables remain in prison on account of substantial concerns over his risk of reoffending and the risk of harm to the public.

I will endeavour to respond to the specific questions from the right hon. Member for Knowsley with as much information as I can, because I believe that that is important. Before I do so, I note that the hon. Members for Liverpool, Wavertree (Paula Barker), for Birmingham, Yardley (Jess Phillips) and for Bootle (Peter Dowd) have highlighted, in their different ways, the impact that such matters can have on victims’ trust in the system. As a former victims Minister working with the hon. Member for Birmingham, Yardley and others, I saw that at first hand. That transparency, that trust and that engagement are central to building the confidence of those who are or have been victims of crimes in the system.

The hon. Member for Birmingham, Yardley talked about notifications—or the lack thereof—of breaches. My understanding is that the supervising agencies concluded, based on a number of those breaches, that the threshold for recall to custody was not met; a recall therefore did not take place. The notification comes where a recall takes place, so because the probation officers and others did not deem the threshold for recall to have been met, there would not have been a notification. However, I am happy to take that point away and reflect on it further. The hon. Lady and I were on a Bill Committee in which we looked at the victims code, notifications and victim liaison officers; I am very happy to have another reflection on that.

--- Later in debate ---

[Edward Argar]

The context in which I addressed that was the point made by the hon. Member for Birmingham, Yardley about notifications and thresholds. Those previous breaches—where, cumulatively, there is a breach and another breach—may not bring about a recall, but a probation officer managing the case will look at all those cumulatively in judging whether, when a further breach occurs or anything along those lines, there is a pattern of behaviour. I am wary of speculating on the individual decision making of an individual probation officer, because I will not know what factors they will have taken into account in an individual case, but they do consider those matters.

There were five specific questions raised by the right hon. Member for Knowsley. I will try, in so far as I can, to give him some answers, or more information than perhaps is already out there. First, he asked about the evidence presented at the trial. The police and Crown Prosecution Service, which are independent of Government, will have put all relevant evidence to Preston Crown court that they believed was material to securing a conviction when Venables and Thompson were tried for James’s murder.

The specific question of whether particular pieces of evidence should have been presented to the court, and what was or was not is, I am afraid, a matter for the police and ultimately for the prosecution lawyers in building that case on how they determined what evidence to present to secure the conviction they wanted to secure. That would be a matter for the CPS. With the caveat that I recognise and put on the record the independence of the CPS’s decision making and how it conducts the case, I am of course happy to highlight the points made here today to the Attorney General and the Solicitor General, who, as hon. Members will be aware, have oversight of the CPS.

[Jess Phillips]

Will the Minister give way?

[Sir George Howarth]

Will the Minister give way?

[Edward Argar]

I will give way to the hon. Lady and then the right hon. Gentleman.

[Jess Phillips]

I apologise if this was what my right hon. Friend the Member for Knowsley was going to say. We all know the CPS has to build the best case for getting a conviction, and some things will get left out and some things will not. But when the sexual element is left out in a court case, how can the public be certain that it is taken account of in a parole hearing? If the sexual crimes had definitely featured in the court case, the sexual crime element would have been part of the consideration in parole; that is the disconnect that we are concerned about.

[Edward Argar]

I am grateful to the hon. Lady. As I say, the decisions on what to include are ultimately down to the prosecuting counsel and prosecuting lawyers from the CPS, but I will touch on those aspects when addressing a further question posed by the right hon. Member for Knowsley in a moment.