Part of Prayers – in the House of Commons at 12:02 pm on 28 February 1996.
I congratulate my hon. Friend the Member for Wolverhampton, South-East (Mr. Turner) on obtaining the debate and bringing this important matter before the House. He set out the facts and the issues that need to be considered afresh in detail and with great clarity, as did the hon. Member for Southport (Mr. Banks).
The House does not have to reach a conclusion on the evidence; nor does the Home Secretary. We simply have to consider whether there is a real danger that there has been a miscarriage of justice. The Home Secretary has the power to do more than express doubts and fears. He can send the case back to the Court of Appeal. He should do so now after 17 years in which more and more doubt has grown over the safety of the court's decision.
I make a more general point about miscarriages of justice. The House decided only last night to change the law on disclosure to reduce the burden of paperwork on the police and increase the chances of convicting the guilty. We supported that measure, which we shall seek to improve in Committee. Hon. Members on both sides of the House warned of the need to get the balance right to ensure that the innocent are protected and that alleged miscarriages are corrected. The case that we are discussing demonstrates the need for such care and balance.
My right hon. Friend the Member for Birmingham, Sparkbrook (Mr. Hattersley) rightly referred to the dogged determination of Ann Whelan. It is worrying that there still has not been a proper review of her case after so many years. Many right hon. and hon. Members who, like my right hon. Friend the Member for Sparkbrook, may have had doubts about the strength of her case, are now convinced after her representations that that is necessary.
The cases with which my hon. Friend the Member for Sunderland, South (Mr. Mullin) has been associated demonstrated overwhelmingly that some alleged miscarriages are indeed real, and leave an innocent person or persons incarcerated for long periods, their lives ruined beyond repair. It is worrying that the criminal justice system is held in such low regard by the public—because villains walk free and the innocent are sometimes convicted. That is why the Labour party called for a body to investigate miscarriages of justice as long ago as 1991, when my right hon. Friend the Member for Sparkbrook was shadow Home Secretary.
The royal commission, which was set up to examine miscarriages of justice, recommended the urgent establishment of such a body. The Government eventually introduced a Bill to establish a criminal cases review body. We supported that Bill but expressed concern that it was weaker than what Labour or the royal commission had urged. We also expressed concern that the Government had been slow to introduce the Bill and that it was likely that they would be slow in establishing such a body. Why, oh why are the Government so slow in getting it established and operational? Why, oh why has the Home Secretary not got on with the job so that the new body can deal with the backlog of serious cases in which a grave miscarriage of justice is alleged? I do not suggest for a moment that all the alleged miscarriages will be found to be miscarriages when properly investigated, even when they are considered by the court, but there are enough serious cases in which there is serious doubt for the work of such a body to be urgent.
Many right hon. and hon. Members expressed the frustration of looking at a constituency case and becoming uneasily aware of serious grounds for concern. We do not easily reach that view. The case of my constituent, Michael O'Brien, is one of many that have come to my attention. Many cases, after we have heard the arguments, do not leave us with that sense of deep unease. The Michael O'Brien case leaves me feeling deeply uneasy. In those rare cases, there is nothing that we can do. If one has the consistency of purpose of my hon. Friend the Member for Sunderland, South, one might be able to touch a small number of cases. There are, however, a number of serious cases about which hon. Members will be concerned but about which nothing can be done until that body is established and takes on the responsibility that the House has agreed that it should have in investigating alleged miscarriages of justice. We cannot as Members of Parliament set out to investigate those cases. We are not detectives. We do not have the resources. We can ask questions and then receive straight answers from the Home Secretary that get us no further forward. It is a matter of deep concern. It is a scandal that, three years after the royal commission report stated the obvious, that body has still not been established.
The royal commission's recommendation should not have been a surprise. It was set up because it was blatantly obvious that something needed to be done, that a body must be established and that other changes in the law and in the administration of justice were required. The delay in establishing the criminal cases review body is a scandal. It is a sad demonstration of the ineffectiveness of the House. It is a sad reflection on the Government's commitment on justice and it leaves a cloud over the criminal justice system.
Each of those points applies with equal strength to the case of the Bridgewater Four. It is outrageous to delay a reference back to the Court of Appeal given the facts and the underlying doubts that were set out in detail by my right hon. Friend the Member for Sparkbrook, my hon. Friends the Members for Wolverhampton, South-East, and for Birmingham, Selly Oak (Dr. Jones) and particularly by my hon. Friend the Member for Sunderland, South. In fairness, I should say that my hon. Friend is not, as is sometimes alleged, soft on crime. Indeed, he is one of the Members of Parliament who is quickest to be tough on crime—but he is also tough for justice. It is only fair to place that balance in his character on the record. That is what everybody is appealing for. It is asked not that we be soft, or assume that cases should go to appeal and be dismissed, but that justice should be done, and should be seen to be done.
We heard a powerful and persuasive speech by the hon. Member for Southport, who was given a strong explicit endorsement by the hon. Member for Stafford (Mr. Cash). It would be wise for the Minister to listen to what has been said in the debate.
Hansard is full of questions and speeches by right hon. and hon. Members on both sides of the House who have examined the case and become disturbed by what they have learnt—often having started with the sort of scepticism that my right hon. Friend the Member for Sparkbrook and I have described. The questions that have been asked over recent months make it clear how many Members on both sides of the House are now convinced that something needs to be done.
The establishment of the Criminal Cases Review Commission will end the Home Secretary's involvement with alleged miscarriages of justice, because the commission will be able to refer cases directly to the Court of Appeal.
I know that the Minister will not be able to give way to us today; in his brief is 20 minutes' worth of closely argued text, and doubtless he has been sent here to hold the line. I appreciate that he has little room for manoeuvre. I simply ask him to take back to the Home Secretary the clear message that the issue will not go away. Sooner or later the case will be reviewed by the Court of Appeal.
Neither the Home Secretary nor the House need prejudge the decision of the court, but it does Parliament and the Home Secretary no credit to delay justice. For God's sake let justice be done, and be seen to be done, by referring the case to the Court of Appeal now.