Thursday, March 06, 2014 

The not so shocking truth.

David Cameron is shocked. Theresa May is shocked. Ed Miliband is shocked. Doreen Lawrence is not shocked. Anyone who has paid even the slightest attention will not be shocked. It turns out, hardly shockingly, that those in the Metropolitan police's Special Demonstration Squad, invested with the power it seems to do more or less as they saw fit when it came to infiltrating political protest groups, were allowed to carry out "minor crimes" to maintain their cover and that some went much further. Specifically when it comes to the investigation of the murder of Stephen Lawrence, there are "reasonable grounds" on which to suspect one officer was potentially corrupt, while it seems the Lawrences were also personally spied on.

The two separate reports published today are a wonderful example of what happens when the police (although overseen by the IPCC) and an independent figure investigate the same thing. The interim Operation Herne report by Derbyshire chief constable Mick Creedon (PDF) goes out of its way to discredit Peter Francis.  It extends the familiar concept of neither confirming or denying that an officer was part of the SDS to Francis himself, despite how it is repeatedly made plainly obvious in the report that he clearly was with the unit, so all of his statements are referred to disingenuously and it might be said, disrespectfully, as claims.  Francis himself refused to have anything to do with Operation Herne, fearing that regardless of the promises made that he would be treated as a witness rather than a suspect, he could still face prosecution.  After receiving assurances from the attorney general he did co-operate with the Mark Elllison investigation, while refusing to allow the material from those interviews to be shared with Herne.

As a result Creedon's report repeatedly claims it could find no evidence to substantiate most of the allegations made by Francis.  It does this while not dwelling for a moment longer than necessary on the fact that the original intelligence files produced by SDS prior to 1998 were destroyed after the "sanitised" intelligence had been submitted or the operation ended, something that shouldn't be "viewed with suspicion", as this was SDS practice at the time.  Whether this should have been the practice or not doesn't seem to have occurred to Creedon.  It doesn't matter however as this sanitised intelligence was kept and has been located, and most of the SDS and Special Branch officers at the time did agree to be interviewed.  Unsurprisingly, only one of these officers provided anything amounting to to corroboration of Francis' most serious allegation, that the Lawrence family themselves had been spied on, and he is described as only having been recruited as DI in 2005, leaving in "discordant" circumstances in 2008.

Mark Ellison's report by contrast seems to be describing an entirely different world.  Having spoken to Francis and clearly found him to be a reliable and credible witness, something backed up by how even Creedon accepts that without Francis we wouldn't have known that the SDS stole the identities of children who had died as infants and that authorised or not, some SDS officers did have unacceptable long-term relationships with the activists in the groups they infiltrated, the same evidence is presented in a different light.  Ellison's report therefore attaches little weight to how "no record can be found to confirm any relevant aspect of claimed SDS activity" and so goes by what it has been able to uncover.  It finds that the on-going infiltration of one of the groups attached to the Lawrence campaign led to the passing of personal information back to the Met, and that a meeting in 1998 during a break in the Macpherson inquiry between the undercover officer and DI Walton, who had been seconded to the team involved in drafting the force's submission to the inquiry, was "wrong-headed" and at worst "completely improper".  Walton himself might not have been fully aware of what was he was being asked to do by meeting the officer, but it nonetheless leaves the impression of the Met spying on the Lawrences and attempting to gain intelligence on how they should respond at the inquiry.  Creedon's report, by contrast, accepts at face value the assurance of the undercover officer that "that the intention and actions of the SDS were to indirectly support the Stephen Lawrence family".  Of course.

On the specific allegation from Francis that he was tasked with gathering intelligence on the Lawrence campaign that could be used against the family, while agreeing there is no paper evidence and the other officers say otherwise, it notes there was a "strong feeling of indignation and a degree of hostility within the Met" towards the family and its statements. This was directed against the family itself rather than the groups that were also campaigning, such feelings possibly leading to a desire to collect information that could be used to correct the impression the force was incompetent or not putting sufficient effort into the search for Stephen's killers.  Combined with the fear that the campaign for justice could lead to public disorder, Ellison finds it believable that there may have been a desire to gather "collective" intelligence.  His overall conclusion is that only a public inquiry able to see and hear evidence can make a definitive finding on whose account is the more credible.

The response from the government to order just that makes perfectly clear which report Theresa May puts more stock in.  Nonetheless, Creedon's report which doubles as a criminal investigation will continue for another year, while Ellison will also conduct another inquiry into potential miscarriages of justice due to undeclared SDS involvement and both will have to be finished before the judge-led inquiry can begin.  This further delay could well mean that the full truth about the botched initial investigation into Stephen's murder will not be known until a quarter of a century after it took place, as appalling an indictment of the British justice and review system as it's possible to imagine. 

Just as the SDS was allowed to operate with almost nothing in the way of formal guidance, let alone legislation, so now the other section of the secret state, the intelligence agencies, are allowed to do almost as they please with little in the way of formal oversight.  If the development of facial recognition software could be hastened by tapping into the streams of webcam users, it was done.  No government minister however has so far commented on those allegations, as national security would be endangered by doing so.  Just as we attempt to finally get to the bottom of one national scandal, the door is slammed shut on one we could well still be dealing with in another 25 years' time.

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Tuesday, February 25, 2014 

Both the Mail and Harman have PIE on their faces.

(This is 1,705 words.  Just so you know.)

Never let the facts get in the way of a good story.  It isn't the Daily Mail's motto, unofficial or otherwise, but it easily could be.  Perhaps though, in line with the Mail's sudden shock finding that paedophilia wasn't universally viewed with the same disgust as it is now back in the 70s, when the National Council for Civil Liberties had an extremely ill-advised sort of affiliation with the Paedophile Information Exchange, it could just as well be a little knowledge is a dangerous thing.

That the NCCL, now Liberty, had links with PIE has been known since, err, it had links with them.  It is not a startling new discovery.  Indeed, not a single aspect of the Mail's investigation and its corresponding attacks on Harriet Harman, Jack Dromey (husband of Harman) and Patricia Hewitt, all leading members of the NCCL during the period when PIE was affiliated, is based on new information.  I'm certain that there have been newspaper articles pointing this out on occasion in the past, pieces which have attracted a slight amount of attention and then been forgotten about.  It's not a proud period in Liberty's history by any means, and it's one which current head Shami Chakrabarti has apologised for.

This said, and despite how it sounds like an excuse and a cop out, it has to be remembered that it was a different era.  As the proposed changes to the law that Harriet Harman lobbied on make clear, up until this point it had not been a specific offence to take or make indecent images of children, although to an extent this would have been covered under other laws, such as the Obscene Publications Act.  As we've been rather forced to acknowledge over the past couple of years, the 70s was the in-between decade, a period where the new freedoms and excesses of the 60s continued to an extent, not least in those few European nations which legalised possession of all types of pornography, even if the production remained unlawful, just not necessarily cracked down upon.  It also wasn't unusual for "mainstream" European adult magazines of the period to feature post-pubescent girls under the age of 16, not surprising when the age of consent in the country of origin often was (and in some cases remains) under 16.  By contrast, and as Harman in her paper quotes, the judge in the Oz trial defined indecent as a woman taking her clothes off on the beach in front of someone else's children, or athletes wearing clothing which didn't fit properly.  Harman was writing only 17 years on from the Lady Chatterley trial, and a year and six months after the Sex Pistols and Bill Grundy had their tete-a-tete.  Views on what was and wasn't filth were polarised far beyond what they are today, even by the Daily Mail's maiden aunt standards.

The Mail's fundamental problem with its claims, especially against Harman, is that they've produced the evidence against her in full and it doesn't stack up. Her paper's main suggestion is that images of naked children should not be held to be indecent unless it can either be proved or inferred from the photograph that harm to the child has taken place as a result. This sounds potentially outrageous, but in actuality this isn't far off from the test the authorities now have to apply when prosecuting those who have the lowest category of child abuse images in their possession, I.e. those where the child is naked and is posing in a manner considered to be erotic (see the controversy over Klara and Eddy Belly Dancing for instance). Harman's proposed amendment would have clearly left it up to the police and CPS and in turn judge and jury to decide whether or not a specific image or images were indecent. Her main justification was that parents could be prosecuted for taking such pictures when they had no malign intentions, something it was felt was possible under a new law. About the worst allegation that can be thrown at her is she was being naive, and that paedophiles would quickly exploit such grey areas. There is no evidence she was influenced in any way by NCCL's association with PIE, and the lobbying did not lead to the law being changed in the way she proposed.

Far more questionable is the NCCL's submission to the government on the age of consent, not signed but sent when both Dromey and Hewitt were with the organisation in 1976. While the Mail seems almost as upset about the proposal that it should be 14 instead of 16 (the age of consent was raised from 13 to 16 in 1885, so has never been set in stone, and while 16 seems a good middle ground between 14 and 18 to me, other Europeans nations continue to think differently), the real problem is that while it suggests that those under 10 cannot consent in any circumstances, in cases where those between 10 and 14 have sex with an older partner it should be considered that consent "was not present, unless it is demonstrated that it was genuinely given and that the child understood the nature of the act".  The law as it currently stands holds that children under 13 cannot consent in any circumstances, and if the other person involved is over 18, then the act is defined in law as rape regardless of what the child felt.  The NCCL's suggestion might not have quite been a licence for abuse, as the onus would still have fell on the older partner to prove the child understood and had given consent, but it most certainly would be a substantial dilution of the protection we have in force today.

Again though, the NCCL's submission did not win government support, and there is no evidence suggesting it was influenced by PIE.  The other claims against the three Labour grandees is that the NCCL's association with PIE amounted to apologia or validation, in 1975 complaining to the Press Council about coverage of the group, describing it in their annual report as a "campaigning/counselling group for adults sexually attracted to children", which seems to be before the NCCL was properly aware that PIE was more than that; and that as late as 1982 the NCCL's newsletter carried a missive from a self-confessed paedophile defending himself.  Clearly, newspapers and magazines have never published letters from those whose views they vehemently disagree with.  One of the founders of PIE, Tom O'Carroll, was subsequently jailed for "conspiring to corrupt public morals" (and continues to promote sexual relationships between children and adults as being entirely normal), with Hewitt later writing that "[C]onspiring to corrupt public morals is an offence incapable of definition or precise proof", the Mail finding this especially damning.  Except as Harriet Harman's paper makes clear, this is almost a direct lift from Roy Jenkins, who said something remarkably similar about defining "indecency".  The other allegations the Mail makes, that the NCCL's submission to the Criminal Law Commission called for the decriminalisation of incest and also claimed that "[C]hildhood sexual experiences, willingly engaged in, with an adult result in no identifiable damage", don't seem as yet to be supported by posted documents.

What though does any of this matter nearly 40 years on, and when so much has been known for so long?  The obvious reason is that paedophilia is so despicable and beyond the pale that regardless of the passage of time, just the connection with a group like PIE is still to be regretted and apologised for.  That the NCCL allowed anyone to affiliate and didn't at the time have a mechanism for expelling such groups isn't an adequate explanation, and indeed, it does seem as though there was a certain amount of sympathy within the NCCL towards PIE if only briefly, and then due to its stated mission as being to counsel those who found themselves sexually attracted to children.  Some within the NCCL may have been more involved, as the Telegraph has reported. In part however it also seems to be about simple revenge and glee at finding three well known politically correct right-on Labour figures didn't condemn paedophiles on sight, regardless of how long ago it was, especially when the left has been so quick to pounce on the past allegiances of Tories or horror of horrors, the Mail's own history.  Add in the typical Mail rage at how the BBC didn't address the topic until Ed Miliband did, and it all seems wearingly familiar.  That perhaps they didn't cover it immediately as a direct consequence of being so badly burnt over Lord McAlpine doesn't seem to have entered their thinking.

It would matter more if there was even the slightest indication the three held such views at the time, which again there is no evidence that they did, let alone if they had then carried such opinions with them into the Labour party and then parliament.  The fact is that they didn't, as Nick Cohen points out.  While Harriet Harman has been right to express regret today, something she didn't do in her Newsnight interview last night, she has been right not to apologise, as she has nothing to apologise for.  Whether perhaps Dromey or Hewitt do is more nuanced, considering their potential involvement with the age of consent submission and more besides, but again it needs to be stated that there are plenty of political figures who held opinions or which they even acted upon years ago they would now regret.  Bringing Jimmy Savile into it, as the Mail attempted to, is a nonsense.  They didn't validate Savile, just as the Mail and the rest of the media do not bear responsibility for failing to expose him while he was alive.  Despite the criticism of the lack of response, if anything it's Patricia Hewitt's silence that seems vindicated.  Reacting to the Mail just encourages it and convinces Paul Dacre that he was right.  The real reason the rest of the media ignored the reports at first is there simply isn't any evidence of anything other than naivety.  And if there's one thing that the Mail can't be accused of, it's precisely that.

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Tuesday, June 25, 2013 

Servants, not masters.

It's difficult at times to work out whether we have the equivalent of a bunch of maiden aunts for MPs or if the shock expressed when the next big scandal rolls around is expertly feigned.  This government alone has apologised for the actions of the army on Bloody Sunday, and the cover-up and smearing of the victims by South Yorkshire police following the Hillsborough disaster.  Those older than me will be able to recall the overturning of the convictions of the Birmingham Six, Guildford Four and Maguire Seven, while more recently Barry George was freed after being cleared of the murder of Jill Dando, a crime which notably none of the journalists who covered the case believed he had committed.  We could also point to the Baha Mousa case, or even the alleged cover-up by the Care Quality Commission of the problems at the Morecambe Bay Foundation Trust.

If after all that you're still surprised that the police would sink so low as to set out to smear the family of a murder victim and infiltrate the groups that were campaigning for his killers to be brought to justice, then frankly, there's not much hope for you.  Activists during the 80s tended to assume that there were either police informants or actual undercover police within their groups, such was the reach of Special Branch and MI5, and it doesn't seem to have been much different in the 90s.

Nor have the tactics of the police when criticised or caught acting heavy-handed changed much since then: you only have to remember the leaks to the sadly departed News of the World after the anti-terror raid on the Kalam family, or indeed the stories linking Jean Charles de Menezes to a rape.  The Met even went so far as to have its defence barrister in the health and safety prosecution against the force focus on the other smear against him, the fact he had traces of cocaine in his system, as an explanation as to why "he acted the way he did".  The fact that he acted perfectly normally prior to his being bundled to the ground and shot 7 times in the head apparently didn't enter into it.

More to the point, these organisations wouldn't have been able to avoid being brought to account for so long if they didn't either have enablers or backers in politics and the press. The bitterest thing about the Hillsborough report was that there was relatively little in it that wasn't already known. It had its impact through having collected all that available evidence, and presented it in such a way that the truth couldn't be denied. As Hugh Muir writes, before the Mail was converted to the cause, it was in the vanguard of belittling those who were calling for justice for Stephen Lawrence.  The Met needed little encouragement as it was to attempt to find out what its critics were planning; with newspapers calling them extremists they had just the justification they needed.

It also helps when the undercover officer tactic has on occasion had significant results. Bob Lambert, one of the officers who fathered a child with an activist he then promptly abandoned, infiltrated the Animal Liberation Front and prevented the group from launching a bombing campaign against shops that sold fur. He also though, according to Caroline Lucas using parliamentary privilege, planted a bomb in a Debenhams store that caused £300,000 worth of damage.

The few cases that did provide useful intelligence or stopped attacks seem to have justified the placing of officers in wholly peaceful groups, and with it the relationships they then cultivated and often so cruelly broke off. The use of sex also seems to have been so widespread that it's difficult not to believe it was encouraged: after all, wouldn't that be a great way of allaying suspicion? Would spies go so far as to get into serious relationships with their targets? Justice Tugenhadt claimed MPs had authorised exactly that through their passing of Ripa, denying compensation to women who had relationships with officers, as everyone knows spying is just like James Bond, and Bond often bedded his glamorous fellow agents.

Is there anyone other than Theresa May or David Cameron then that imagines the inquiry by Derbyshire's chief constable Mick Creedon is likely to get to the truth?  While it is at least being overseen by the IPCC, which under new head Anne Owers ought to be given a chance, we've surely moved past the point where the police should be allowed to investigate themselves.  Under Labour it was arguably the case that too many inquiries were ordered, mainly as a way of trying to save ministers accused of impropriety.  Under the coalition, we've had Leveson, and that, strangely, seems to have turned the government off the idea.  You also can't help but note that while the allegations about the National Public Order Intelligence Unit deal with Labour's time in office, the claims about the Special Demonstration Squad mainly cover the period of the last Tory government.

As with the revelations about GCHQ, what we've seen is an example of how power is always likely to be abused.  When it is, we need proper oversight and independent inquiries to ascertain what happened, how it happened, and how best it can be prevented from happening again.  That means we also need politicians that are suspicious of how power is exercised by the other arms of the state, rather than happy to be servants of the rest of the bureaucracy.

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