My Lords, it is my privilege to try to record some new facts in this debate and perhaps to balance some of the comments that have been made today—indeed, some of the rhetoric that has been employed—and particularly to answer, if I can, some of the questions posed by the noble Lord, Lord Alton of Liverpool.
As we have heard, the disaster at the Hillsborough Stadium occurred on Saturday 15 April 1989. The following day, I was asked to support Lord Taylor in
the investigation of the causes of that terrible event. I was then chief constable of the West Midlands Police, which, I might add, is the largest police force in England and Wales, outside London. I met Lord Taylor in Sheffield on Tuesday 18 April and he expressed his wish to begin to take evidence in public within three weeks of the disaster. We discussed what would be involved to meet that three-week timescale; a timescale that had never before been attempted in circumstances of that magnitude and, I believe, has never been attempted since. Even with the 440 police officers that I was able to deploy to that inquiry, it was obvious to both of us that some extraordinary measures would have to be taken if we were going to work to that timescale. To speed the process, he directed that we should request South Yorkshire Police to arrange for police officers who were witnesses to the disaster to write their own statements and that their force would produce them for the inquiry. On that point, more later. I should also say that the procedure did not relate to the half dozen or so officers who would later be interviewed by my team to explore whether criminal charges should be brought against them personally.
To make the position clear, those decisions regarding the process concerning South Yorkshire officers and those timescales were his. I agreed with them and since his death in 1996, in post as Lord Chief Justice, I am happy to assume full responsibility for that decision. He was required to report, if possible, before the start of the next football season; speed therefore was of the essence. We concluded together this unusual approach hardly mattered. What did matter was that witnesses should be examined in a public inquiry as soon as possible, while memories were still fresh, and it was what they said in that inquiry that mattered, not what was or was not included in their witness statements.
Working to that timescale the West Midlands team, as you might conclude, faced a mammoth task. That investigation commenced six days after the disaster on 24 April. Special police offices were established in Sheffield, Liverpool and Birmingham. A free-phone telephone number was advertised and operated on no fewer than 28 different lines, all of them manned around the clock. They received 2,666 calls. Witnesses who were interviewed and had statements taken totalled 3,777. Many of my officers who were involved in those interviews were deeply emotionally affected. We have heard of the anguish, shock and horror of those in Liverpool who were caught up in this tragedy and this affected those officers as well. Some 3,777 statements were taken and 71 hours of CCTV footage were examined in detail. An inquiry into possible criminal charges was commenced. Most of that took place in only three weeks.
Lord Taylor began to take evidence in public exactly four weeks after the disaster occurred. He sat for 31 long days and examined 174 witnesses. Only three and a half months after the disaster, he published his report on 1 August. He had many conclusions but his major ones fell into three categories. First, he found there were a number of causes for the disaster. The right reverend Prelate the Bishop of Liverpool has already referred to the fact that there were serious misgivings from as early as 1981 and Lord Taylor reported on that and what had been done—and indeed
not done—in the interim period. He was adamant, however, that the final and most serious cause of the disaster was the failure of South Yorkshire Police to control the crowd and to ensure its safety. Secondly, he looked at the conduct of the crowd and found there were a few very isolated examples of drunkenness, but there was absolutely no evidence that Liverpool fans had contributed in any way to what had occurred on the terraces. Thirdly, bearing in mind what we are debating today, he found that the oral evidence given by 65 South Yorkshire police officers impressed for the most part in inverse proportion to their rank. As he said, with some notable exceptions the senior officers were defensive and evasive witnesses, and did not, as he put it, show the qualities of leadership to be expected of their rank.
In particular, in his report at paragraph 285, he said:
“It is a matter of regret that at the hearing, and in their submissions, the South Yorkshire Police were not prepared to concede they were in any respect at fault in what happened”.
He continued:
“The police case was to blame the fans for being late and drunk, and to blame the Club for failing to monitor the pens”.
He concluded:
“Such an unrealistic approach gives cause for anxiety as to whether lessons have been learnt. It would have been more seemly and encouraging for the future if responsibility had been faced”.
Finally, both he and the Football Supporters’ Association warmly praised West Midlands Police for the way in which the evidence had been gathered and presented at the inquiry.
So it seems a little strange, and not a little disappointing, that the hugely excellent report recently published by the right reverend Prelate the Bishop of Liverpool has been hailed as the report that finally exposed the truth when it roundly endorsed and mirrored the findings of the Taylor inquiry. It perhaps begs the question that some of the language used by the Prime Minister and others that this has finally produced justice ought to reflect the fact that Lord Taylor got to the truth 23 years earlier.
It might also reflect on the fact that Lord Taylor informally expressed serious doubts to the coroner about the coroner’s plans to limit his inquest by employing the 3.15 pm cut-off; and also that he did not agree with the coroner’s intention to have witness statements read in the inquest which effectively denied opportunity for cross-examination. He was unable to influence the course of that subsequent process, which was out of his hands, and it did not begin until several months later.
The truth was first made public by the Taylor report in 1986. As we have heard, the waters were muddied considerably, more and more with the passage of time. Immediately the Taylor report was published, the South Yorkshire Police went public—on to the attack, if you like—with a condemnation of the conclusions and stoutly maintained that the police were in the right and the Liverpool fans were in the wrong. The inquiry that will be eventually mounted by the IPCC will of course examine this aspect in detail, and especially whether attempts were made by South Yorkshire Police wrongly to attribute blame. The Bill seeks to facilitate that inquiry. I hope that we shall not have to wait too long for the results.
By common consent, Peter Taylor was a man of rare talent. Noble Lords will understand already that I held him in high regard and respect. He was prepared to move fast to expose the truth. His report employed elegant and economical prose and it managed to cover the ground in only 71 pages. It was published a mere three and a half months after the disaster with firm, clear, unequivocal conclusions. That is exactly the same passage of time that has elapsed since the publication of the report of the right reverend Prelate the Bishop of Liverpool, and the IPCC is still scoping its inquiry and deciding on how it might begin to progress. I do not want to appear unduly critical, but I hope that we shall not have to wait too much longer for action.
On the Bill, perhaps the question at the forefront of the minds of many of us is: do hard cases make bad law? Nothing could be a harder case than the tragedy of Hillsborough. Is the Bill bad law? In some ways I think it is. The loophole that the Bill seeks to block by requiring serving police officers to attend for interview has been a small but recurring problem for investigators, on and off, for years, so why use emergency procedures to rush it through now? After all, that power will not much assist the Hillsborough inquiry by the IPCC because most of those it may wish to interview, as we have heard already, will no longer be serving. Mostly they are retired; in some cases, they are dead.
The power to require retired officers to attend interview is not sought, although one hopes that those who are approached will co-operate—and I fully concur with what has been said. Certainly I shall, if evidence is ever sought from me.
I am not sure whether Clause 2—the application of Part 2 of the Police Reform Act 2002 to old cases—breaches rules of double jeopardy. In particular, at this stage or shortly after, there have to be safeguards in place for police officers interviewed by the IPCC. The practice of sometimes interviewing an officer as a witness without first cautioning him, then using that witness statement against him in later criminal proceedings, has to change. Interviewing under caution is standard procedure for non-police officers and should be a protection afforded to the police as well. I endorse the recommendation of the Home Office Select Committee and believe that the IPCC should employ a more rigorous interpretation of the threshold set out in the Police Reform Act to ensure that it becomes the norm that officers are interviewed under caution in the most serious cases.
This is certainly a Bill in a hurry. Usually I would resist it on that ground alone, seeking more time and due process to consider the issues in depth. But having stood here and praised the approach of Lord Taylor, who identified the truth in double-quick time, I can hardly complain at another attempt to speed up the investigative process, when so much time has been wasted over the last 20 years or so chasing irrelevancies or trying to find a way through a fog of half truths and worse. So great is the public interest in Hillsborough for understandable reasons, and so important is it that this issue should be dealt with once and for all that, with some jurisprudential reservations, I support the Bill.
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