Hillsborough

Debate between Yvette Cooper and Mark Pritchard

Monday 22nd October 2012 Commons Chamber

[Yvette Cooper]

The hon. Gentleman raises a serous issue about the chief constable of West Yorkshire, who, as he rightly says, has been referred to the IPCC on a series of accounts—for things that happened at the time of Hillsborough, for things that happened subsequently and for the things that have happened most recently. The hon. Gentleman will know that the Home Secretary and I are both limited in what we can say on an individual case when due legal process is under way, but it is extremely important that the case is properly investigated and, later on in my speech, I shall return to some of the issues it raises.

Given the failure of previous investigations to reach either the truth or justice, it is vital that action is now timely and effective and I welcome the Home Secretary’s statement that every step must include detailed consultation with the families.

Let me make a few points about the inquest. Clearly, everyone is keen for a new inquest to be reopened as soon as possible although we recognise, of course, that the proper legal processes must be pursued and that the Attorney-General has 450,000 documents to consider. Given how long the families have already waited, I hope that the Ministry of Justice and the Home Office can consider together whether any additional support must be provided for the Attorney-General’s Office so that it can complete that in as timely a manner as possible. Clearly, the process must start as soon as is practical. I hope, too, that the families will be listened to on the importance of holding the inquest not in Sheffield but in the north-west.

The panel’s report was clear that the coroner’s decision to implement a 3.15 pm cut-off was flawed and that some people survived for a significant period beyond that time. The report also found, tragically, that a swifter, better focused and properly equipped response would have had the potential to save more lives. The emergency response after 3.15pm has never been challenged and it must be now.

Other concerns about the inquest that have long been raised by the families emerge clearly from the panel’s report: the way it was structured; the continued credence given to the unfounded claims about drinking and alcohol levels; the reliance on altered police witness statements rather than on the original testimony of officers; and much more besides. Clearly, it is important that a reopened inquest is not confined to considering the events that took place after 3.15 and there must be a proper answer for every one of the 96 families about what happened to their loved ones. That means that the families will need legal representation, too, and I hope, given the exceptional circumstances, that the Home Secretary and the Ministry of Justice will ensure that that happens directly so that the families do not need to go through further hassle and uncertainty with the Legal Services Commission.

Let me turn to the criminal investigation. The IPCC has already identified two kinds of potential criminal or misconduct issues based on the disclosures in the report. The first concern what happened at Hillsborough on 15 April 1989 and the events that led up to it, as well as the potential culpability of individuals and institutions for the deaths, which will mean reconsidering those unheeded warnings, the safety standards, the lack of an updated safety certificate, the planning, the operational decisions, the failure to close the tunnel, the failure to declare a major incident on the day and more. The second concern the cover-up, the potential perversion of the course of justice and misconduct events.

I want to dwell on the second group of issues for a moment. The purpose and role of the police are to protect people and to pursue truth without fear or favour, wherever it might take them, in the interests of justice. The panel’s report shows that at Hillsborough the police failed to keep people safe, that they distorted and buried the truth, and that justice was betrayed. The panel’s report was devastating in its exposure of what happened in South Yorkshire police, with 164 statements taken from the officers on the day identified for substantive amendment, of which 116 were changed. A series of statements that revealed the lack of leadership from senior officers as the crisis built were all deleted and so, too, were statements about normal practice on closing the tunnel once the gate was opened.

Pressure was applied to police officers to change their statements, too. PC Michael Walpole, in a letter to Lord Justice Stuart-Smith’s scrutiny report, said about the doctoring of police statements:

“I must say that I wished my final statement to be the exact copy of the original recollection…However, since I (like most others) was suffering from post traumatic stress and depression, I agreed to the deletions to my final statement under the conditions I was placed under. My personal view is that a police officer should be able to freely make an honest and truthful statement of facts and opinion and it was an injustice for statements to have been ‘doctored’ to suit the management of the South Yorkshire Police.”

That is an extremely serious statement.

People will have seen—the hon. Member for The Wrekin (Mark Pritchard) referred to them—the separate allegations that have emerged this morning about statements being changed in relation to Orgreave, where it appears that a separate investigation will be needed into what happened. It is important that the matter is fully pursued for the sake of justice over Hillsborough and also to ensure that these events do not cast a shadow over the important work that the police do each day and to ensure that wider public confidence in policing is maintained.

The Home Secretary rightly referred to the approach taken by the current South Yorkshire chief constable, both in full disclosure to the panel and in accepting the conclusions of the panel’s report. It is important for the sake of policing today that we take seriously what happened 23 years ago.

[Mark Pritchard]

Does the shadow Home Secretary agree that to restore public trust in the police, whatever the IPCC says, there should be criminal prosecutions where there is enough evidence that is beyond all reasonable doubt? We are all subject to the same law, whether Members of Parliament or police officers, both serving and retired. Would she share my concern if the IPCC, having found something, allowed police forces to conduct their own internal disciplinary inquiries, which so often rely on the balance of probabilities—of course, the threshold is lower—and so often see police officers go into a well-remunerated and happy retirement while the victims still do not have justice?

[Yvette Cooper]

I agree that if there is evidence of criminal wrongdoing, there must be prosecutions. It is right that those decisions about prosecutions are made independently, not by Parliament obviously, but by the Director of Public Prosecutions. It is right that there should be criminal accountability for what happened. The hon. Gentleman is right, too, that we must ensure that the disciplinary procedures are subject to a proper process because there may also be cases where, even if there may not be criminal misconduct, disciplinary proceedings should be pursued. I take the opportunity to welcome his support for the idea of replacing the IPCC with a strengthened police standards authority. Such reforms are important for police confidence in the future.

The panel’s report shows clearly the misleading, false and deeply hurtful information that was disseminated by members of South Yorkshire police—false claims that were propagated by members of the police that fans had broken into the stadium, a claim that was reported in the immediate aftermath of the disaster, and further allegations of drunkenness, ticketless fans and fans arriving late, which were promoted by unnamed officers and were shown to be false by the work of the panel.

The question now is how disciplinary and criminal investigations should be pursued into what happened on the day and afterwards. It is essential that everything possible is done to remove further obstacles in the way of justice and to ensure that the families are consulted. It is vital that they have confidence in this process.

It is clear that the investigation cannot be carried out solely by the IPCC, which has neither the powers nor the resources to do so. Although I agree with the Home Secretary that the new chair is doing a very good job and has a strong background, this investigation is far beyond the scale of anything that the IPCC has done before. It will also require powers that the IPCC does not have. For example, evidence will need to be taken from large numbers of serving and retired police officers, and also from police staff, former police legal advisers, former civil servants, even MPs and maybe even journalists. However, the IPCC does not have the powers to do that. Although it can pursue officers where it has good reason to believe that they have committed a criminal offence, if it is seeking witness statements or pursuing disciplinary offences, its powers are much more limited. The IPCC itself has told the Home Affairs Committee that

“where police officers refuse to attend for interview, IPCC investigators can only seek the information they need through the submission of written questions to officers via their solicitors or other representatives. Not only can this seriously undermine public confidence in IPCC investigations, it can also impact on the overall effectiveness and timeliness of investigations.”

In many cases the IPCC cannot compel civilians at all.

My view is that we will need a new framework in future. I welcome the Home Secretary’s commitment to look further at the issue and bring it back to this House. The IPCC was a huge step forward from the old Police Complaints Authority, and it has done some important work on individual cases, but it is simply not strong enough to provide the safeguards and standards for good policing that we need. That is why I have asked Lord Stevens’ commission to consider drawing up a new police standards authority to replace it.

In the meantime, however, we need answers on Hillsborough. The Home Secretary said that a range of possibilities is being discussed in the mix on how this could be taken forward and that she is discussing it with the families. Clearly, that is important.