Lessons from The Exaro Panel Debate - January 27th, 2016

Some were expecting, given the raw emotions and polarisation surrounding alleged VIP child abuse, that Exaro's Panel Debate last Wednesday would be stormy and hard to chair. In fact, it went off quite quietly because this was an audience that responded thoughtfully to some measured and evidence-based contributions from the panellists. It was extended in time considerably because the audience was evidently keen to continue an insightful discussion. 

Esther Baker, speaking for those who have 'survived', perhaps had least to say because she was constrained by the legal requirements of her own situation but she was a valuable corrective to the prejudiced idea that a 'survivor' had to be mentally wonky because of their experiences - far from it in her case. I met one or two other people in her position at the after party who struck me as being perfectly sane and rational after seriously troubling experiences. Robert Montagu, now an author and family therapist, spoke honestly about his own abuse by his 'VIP' father and how child abuse had been embedded as a tolerable norm unquestioned in British elite society. His testimony confirmed me in thinking that, while the particular cases are important, they may be less important than the cultural and public policy problem I have already identified - deferential authority and failure not only at the elite level but throughout our welfare society and within our institutional structures in general.

The two leading journalists, Meirion Jones (formerly a BBC investigative producer on both Newsnight and Panorama) and Paul Connew (a former senior tabloid editor) made it clear that, as experienced investigators, the British libel system and the intervention of big wigs into the law enforcement structure had halted serious investigation in the past. Indeed, what was offered was a picture of a hierarchical structure where those at the top could still undertake acts of impunity in the grey areas of the law and be protected by a legal system that placed the reputation of the few above the experience of the many. The level of historic police 'corruption' (if by corruption we do not mean money and benefits exchanging hands but influence being exerted) in this area was staggering. 

The Savile case was discussed at length. There was damning material - that he was protected as early as 1973, that he would be interviewed by police officers as if he was a minor deity, that he appeared to have had South Yorkshire Police in his pocket (it was claimed that they had even intervened to stop a Surrey Police investigation) and that the early media interest in VIP child abusers came as much from angry whistleblowers upset by the action of their superiors within the system as from victims themselves. The frustration of 'good coppers', contained by libel laws, fears about careers and pensions, undue influence and the misused Official Secrets Act, represent an opportunity for reform but also a problem in terms of their enforced silence that has almost certainly not gone away. This how the system works - using fear and persuasion to keep the 'goodfellas' in line.

The media were not so much complicit in this (though no doubt some at the 'posh end' were) but could not proceed because of lack of evidence. In one case, it was alleged, key files would be 'disappeared' so that a libel action would fail on attempts at disclosure. That was a lot of time and money for a newspaper which is not a charity. We may reasonably accuse newspapers of rank cowardice when faced by serious harms caused to children and teenagers but the libel system protected and protects (less so now) major figures with sufficient resources. At the end of the day, newspapers and broadcasters would have had their reputations damaged when claims would have to have been withdrawn because of lack of evidence with no help for the victims. 

There would have been 'questions in the house', a 'house' whose supine approach to criminality and the protection of its own has become clear with the Janner case. The Whip's Offices are second only to the Churches in remaining ring-fenced from scrutiny. The libel laws were certainly a major and costly deterrent but not the only means of stopping an investigation. Establishment figures (including, allegedly, an attorney general, in one case, writing an untruth to try and stop an investigation) would try to place direct pressure. I say allegedly throughout not out of fear of libel or defamation but because the nature of this system means that, despite the mounting circumstantial evidence of a system protecting itself at the expense of its charges, the way evidence can be managed and manipulated from the top means that it is always hard to say whether any particular claim is true or false. This is why the involvement of independent police investigators is vital - we cannot know what is right or wrong: it is a matter for claimants and those they make claims against and, in law, a police force that takes its job seriously and the DPP and then a court of law. What media pressure has done in recent years is merely help the police to do their job by getting the influence-peddlers off their back and, even then, not entirely. Detaching the police entirely from the political class and the security state should be the number one mission of all of us who care for justice.

So, I am not going to comment on specific cases, past or present. I am told that the entire Debate will be on YouTube eventually so you can make your own mind up (I hope to post the link as a note to this posting in due course) but some general comments can be made. My own conclusion is that this scandal, one that seems to go back deep into history and involve widespread abuse at every level of society, is not so much a case of some major organised paedophile conspiracy (though I am sure we do have self-assisting micro-networks of cruelty and abuse to deal with). What we see instead is a non-paedophile establishment covering up its bad eggs in order to preserve the mystique and power of their institutions and of a wider authoritarian culture in which elite figures (mostly males but also alpha females who have entered the system subsequently) could act with impunity by a form of assumed institutional 'divine right'. 

It is a cultural attitude to authority that is embedded in Judaeo-Christian and Roman values at the heart of our much vaunted but really rather second rate Western culture. Patriarchal is far too simple a term. It misdirects us into gender politics since female higher level executives within the system are just as likely as males to follow this culture of 'omerta' and defensiveness. The older term 'authoritarian' is good enough - not fascist and as liable to be taken up by people who claim to be Left as much as those who claim to be Right. Labour Administrations have behaved just as shoddily as Tory Administrations and we must not forget that the reforming impulse is coming under a post-New Labour Government. The point is that whenever individuals stepped over a moral line, they would have the system coalesce around them to protect the institution represented by the person. The persons in systems simply do not matter. What matters is the system and the person has status and reputation according to the function that he or she performs - the priest is honoured as the representative of God in the parish not as Father X with a penchant for little boys. The system that represents God in parishes across the civilised world will do what it can to protect the priest because that is what Father X has become. The Catholic Church did not come up on Wednesday but this authoritarian mentality derives from its ideology, derived in turn from its deal with the Roman Empire, ultimately translated into Western culture as a whole, into the traditional family and through the feudal prerogatives of the Crown.

It is all a matter of delegated authority being sacrosanct. The subjects of that authority are regarded as problems if they are not willing to accept being tools of authority or if they question authority when it exceeds its apparent moral bounds. Montagu claimed that a past Headmaster at a famous public school beat kids in the nude and that no one would have dreamt of challenging his right to do so. I cannot vouch for that but I do recall a 'master' (there we have it in a word!) at my perfectably respectable day grammar school beating up a 13 or 14 year old before the whole class (and my eyes) and there being no consequences. 'In loco parentis' meant the right to continue the abuse in family life (still, most abuse takes place within dysfunctional families, an intractable public policy issue) as abuse in institutional life - school, chapel, army, workplace bullying.  An elite's authoritarian education inculcated not only the normality of abuse but perpetuated it - no education on how to say no to authority, no commitment to the autonomy of the child and so the adult, no restraints on bad conduct, no one to listen to the victim, no means of redress. The welfare state too, administered by that same elite, was built on authoritarian principles derived from the culture as a whole. Child abuse (possibly endemic in society in any case) was based on an imperial cultural model that was not challenged by but was integrated into the new 'socialist' model as something to be 'covered up' as an inconvenient truth.

The good news is that, while the police were historically an often cowardly enforcement operation for this system in the past, it has since been transformed into a tough agent for independent evidence-based investigation. Other elite institutions, notably the public schools, are also slowly being transformed - the ones, that is, that are not stuck in managerialist targets. There was significant praise onthe panel for both the Staffordshire and Metropolitan Police operations into VIP child abuse currently being undertaken. The rage of the Old Establishment at losing the absolute and unquestioning protection of the police strikes me as at the very root of vicious and provenly false (in the case of Esther Baker) claims about 'survivors' and of the nasty campaigning against those seeking to find the truth (not prove a case) in a mainstream media that has gone into reverse trajectory to the police. The media are (in David Hencke's words) 'schizophrenic', simultaneously lapping up every sleazy tale about noted celebrities and sharing the public outrage at failures of the welfare system yet posturing in defence of individuals already well protected by their own status in society and targeting and diminishing claimants regardless of best legal practice and fairness.

Once we had an investigative media that was interested in exposing bad behaviour but constrained by libel laws and interventions. There was no other outlet (such as social media) at the time for allegations. Now this weak but still willing Press has been replaced by a media that has become supine in relation to the needs of the institutional structures on which it has become a parasite, easily manipulated by skilled establishment lobbyists as well as careless of evidence-based investigation and the needs of justice in regard to claimant protection. When this is all over, the most damaged element in society may not be the 'establishment' (which has the ability if it wills it to reform itself) or the police who may well come out of this with respect and trust renewed. The damaged elements will be those who have not acted or are still hiding in fear of their tattered 'reputations' - the churches (though for some reason, these are still treated with kid gloves) whose moral authority may never fully recover, the welfare system which has let down its most vulnerable charges and the mainstream media which may look increasingly foolish.

In the recent culture wars, the mainstream media required a supine law enforcement system to give way under pressure (as once the police did in the opposite direction), Unfortunately for the media establishment, the police are clearly no longer supine and have no intention of giving up on their investigation though the pressure is on, with the Police Commissioner being given only a year more of his term, partly to get the matter through the May Elections and partly perhaps to set the conditions for closing the thing down if it goes on too long. In fact, the Tory candidate in London Zac Goldsmith has shown interest in VIP child abuse and, though silent now, may prove to be minded to continue the investigation wherever it may lead as a Tory reformer. The position of the Labour candidate seems to be unclear. Indeed, the depressing conclusion may be that the future of the investigation may rest on a Tory reformer defending the rights of the abused over and against a Labour candidate from the Party that is supposed to be concerned about such things according to our political mythologies.

Meanwhile, we see signs that this issue is slowly being politicised as claimants begin to find their voice and may learn to organise. These people tend to be the least educated in society but not entirely - middle class educated victims like Montagu are emerging and there was a call from the floor of the debate for more political action. There is a legislative cause emerging in Compulsory Reporting of Child Abuse (though I remain a little cautious about the pendulum swinging too far in the direction of state intrusion into private life with an ideological agenda attached). It was also clear that the Parliamentary attempt to cover up for Janner, those who did so and (eventually) the role of the Whips Office in covering up vile behaviour amongst Parliamentarians in general is now on the agenda.

This has ceased to be like the Belgian Dutroux case - a worrying single case exposing a probable single network of vicious abusers inside the system - or about the PIE network or about Kincora and the security state in the 1970s and has become a simmering cultural confrontation between Power and those who have some basic moral concerns about the use of that Power, including significant parts of the Establishment itself. This is a classic split in the ruling order. The old guard are attempting very hard to stop discontent amongst the 'elite moralists' spreading into the general population, a population which is, to say the least, confused. Confused in part because some claims will be false and some individuals will be wrongly investigated on weak evidence.

The Establishment (which is simply to be defined as those with delegated state authority or who have the money or networks to influence the State) still has the power to appeal to authoritarian and trusting tendencies in the population, especially the authoritarian working class and the metropolitan 'liberal' middle class who tend to prefer social democratic order to justice for the vulnerable. The case of the BBC is becoming the type case - a case where a trusted institution comes to look frayed at its edges because it cannot understand that trying to delay reports for institutional reasons, trying to mitigate the reporting of its own behaviour and engaging in 'corrective' behaviours that contradict the wider evidence and challenge the process of justice are not things that any institution can get away with easily now. Much of the PR strategy used by the Corporation is out of time and out of place - 1990s strategies for the age when the Sunday Times actually mattered and a certain leading PR could define reputation as 'what they are saying in the dinner parties of London'. The BBC is badly wounded and it can only cling on to Woman's Hour, The Archers, Radio 3, Strictly Come Dancing, Tony Blackburn and Richard Attenborough as its fleet of old dreadnoughts against the inevitable - enforced reform. It actually needs a revolution at the top.

[Disclaimer: I am a Founding Director of Exaro News but one with no influence over editorial policy. The views above and the interpretation of the Panel Debate are entirely my own. When it appears, readers are recommended to watch the debate themselves and come to a view.] 

The Mail Is At It Again ... But What Is Really At Stake?

The Mail on Sunday has obviously failed to do its homework - again! It referred to me today (as before) as a friend of Jeremy Corbyn. It clearly implies that my original creation of Exaro was partisan. Apparently, Exaro is now a 'rogue' news site though, in fact, the roguery is coming from the Mail itself. Its journalists are lazy. They not only failed to contact me for fact-checking but they completely ignored an extremely clear statement by me that was drawn directly to their attention on their web site. It is, of course, for Exaro and not me to comment on Exaro's editorial position but it is reasonable for me to comment on references to me and to have opinions as an outsider on what may be going on here.

My statement was explicit about my non-relationship with Jeremy Corbyn (basically, I knew him somewhat in the 1990s but have not seen him since) while the journal failed to note that I had also stated clearly and unequivocally that I had no control or influence over editorial decision-making and that Exaro was strictly non-partisan. Maybe they thought I was lying ... if so, they should have at least had the decency to say so to my face.

The latest bit of hysteria includes an assault on the Tory MP Zac Goldsmith, another politician I rather admire, alongside Tom Watson, for his basic integrity and for reasons that have little to do with the child abuse investigation. Although I am now a Labour man again (as of a few weeks ago), I am not so shallow as suddenly to cease to admire someone if they are on the opposing side. For the record, I have never met Goldsmith.

The campaign that is going on week after week appears to have some purpose - ostensibly to restore the reputation of certain persons, in fact it increasingly looks as if it is designed to force the Metropolitan Police to close down or contain their child abuse investigation. The latest wheeze is to pressure the High Tory Command in Government not to reappoint the redoubtable Sir Bernard Hogan-Howe (current Metropolitan Police Commissioner and a committed reformer). In an accompanying article, the Mail leads: 

Scotland Yard chief Sir Bernard Hogan-Howe is under pressure to quit after the force admitted it refused to drop a baseless rape claim against former Home Secretary Leon Brittan over fears of a public backlash. 

You might like to note at this point that news has broken in the last day or so that the National Crime Agency had started an investigation into alleged corruption in the Stephen Lawrence case. This may seem wholly unconnected to the child abuse investigation but, as we shall see, allegations of police corruption are a material element in both sets of investigation. The State is becoming very active in dealing with aspects of policing that are troubling if only through active investigation without prejudice.

This may be part of a political struggle of immense importance to our country. Operation Midland is only one of many investigations across the country - if it is taken down, all the others are weakened. We might even add the suggestion of an investigation into complaints about police behaviour at Orgreave to the mix - as reported by Exaro - as a sign that reform is in the air. In this latter case, as others, the issue is community trust in the police which leads us on to the possible 'why' of all this.

Why might reformers want to be so active in their turning over of stones other than because it was the right thing to do? The 'ulterior strategic motive' is standard procedure in public life so why not here as well. I would suggest that it is because trust in the police, alleged police corruption and even links to organised crime have become a much more vital national security issue in recent years on two grounds: a) a public that does not trust the police will not come forward and provide vital intelligence on crime and, indeed, terrorism, and b) organised crime is no longer a national business contained within its limited remit and left to prey on those without a voice (like the kids in the care system).

Organised crime, for example, is now a multinational operation, accumulating capital at a ferocious rate, capable of suborning lower paid public servants at every level, involved in human and arms trafficking as well as more conventional crime, drugs and the sex trade, and even holding the potential to be an armed state within the State in extreme conditions. What happened in Northern Ireland could happen in British cities if the Police do not get a grip on things. And alliances between crime and terrorism are at the back of every security official's mind. The relatively new National Crime Agency exists to deal with this threat. Running any major investigation without infiltration by well-funded organised crime is now a key part of the reform agenda.

The point is not that there is any necessary connection between corruption allegations and organised crime and child abuse and turning a blind eye to the actions of our political police (there may or may not be) but only that all are examples of things that require thorough investigation and reform if our trust in the police is to be maintained. And, at times, these things may, indeed overlap and, if they do overlap, we need to know about it.

I retain considerable faith (perhaps stupidly in the eyes of some) in the Metropolitan Police and the Home Office to continue to do what is right - which is to investigate allegations without pressure from any party, including (though it undertakes no such pressure to my knowledge) Exaro News. If the current Commissioner is forced out (or rather his mandate is not renewed) by a politically-directed media campaign based on implicit political threats, questions must be raised about who runs Britain and whether the rest of us can feel safe in our beds if we cross those who do. This is not to say that we should not be concerned about 'excesses' by reformers (we should be) but only that the correction of any alleged excesses must not fall into the trap of damaging the reform process.

The corruption issue cross-connects to the child abuse investigation and this is shown in Duncan Campbell's piece which appeared in March 2015:

"Now [March 2015] the Independent Police Complaints Commission is investigating 14 separate referrals of alleged corruption in the Met relating to child sex offences from the 1970s to the 2000s. Offers of immunity need to be made to any police officers still with information so that, finally, the jigsaw puzzle can be completed in all its dark and depressing detail."

This gets to the heart of the matter - only half the probes into alleged child abuse cover ups (according to the Daily Mirror) result from claims by 'survivors' and non-police officers. It is not right to imply (as the BBC appears to have done) that the 'survivors' who have retracted or may be questionable are all the 'survivors' who 'matter' nor that an allegation or claim is false when it is merely unproven. The other half of probes apparently come from former serving police and security officers. This is devastating and perhaps scary to those who have a stake in keeping a lid on things. We can legitimately ask what sort of governance do we have that left an investigative journalist to uncover the disgust and rage of decent men at what they were (allegedly) asked to do. If they are not all fantasists, their lack of a voice in itself tells us something about a culture of 'cover up' and it is only fortuitous that a 'secret' forum in which concerns were expressed came to light.

The anti-investigation campaigners are certainly pinpointing some 'not proven' cases (which may be proven to be true or false at a later stage or which may always prove to 'unproven'), an exercise not entirely without merit if they were doing so in good faith and perhaps not as a means to some other end. However, what is going on here has darker effects, whether intended or not by the media or even those sincerely angered by the effects of investigation on friends or relations - vulnerable witnesses are at risk of being deterred or frightened into withdrawal of claims while those making claims from within the services are at risk of being made anxious that they could face serious problems of their own often at an advanced age.

There are issues surrounding the Official Secrets Act according to Campbell (an Act seriously misused if used to cover up an investigation into child abuse) and pension rights. Meanwhile, one sex abuse victim was hospitalised following a suicide attempt after the BBC Panorama 'expose'. Much is at stake beyond the immediate reputation of a few big wigs.

All that is required, from the point of view of those who may have something to fear from further inquiry, is for the flow of intelligence to the investigating officers to dry up. The investigation then fails to proceed to trial because of inadequate evidence (which also means that, in fact, doubt and suspicion might remain over particular persons if the investigation does not have enough evidence to exonerate them). If (and we say if) bad things have been done, justice will not be done.

We have seen already how important elements in the Establishment were mobilised to protect the former Bishop of Lewes in the early 1990s. Such attitudes do not suddenly disappear two decades later. Anyone who has done bad things can certainly put up with the conspiracy theories of the 'great unwashed' (I am subject to them as well) so long as they are not disgraced, sent to jail or dragged through the court of public opinion (which is, of course, never actually our opinion but only that of the media). Vagueness and innuendo may be preferable to clarity as the lesser evil.

Again, let us be clear - all the claims may prove to be claims that cannot stand up to scrutiny with the DPP. They may, indeed, all be false claims by fantasists and liars. But the police think the claims are credible enough to be investigated. And we have seen that there have been 14 referrals (or more) of alleged corruption in child abuse investigation cases already. And we note that the entirely separate determination to uncover corruption in the Stephen Lawrence case shows determination to look into possible miscarriages of justice. Something is up here ... something that cannot or should not be hidden from us by politically motivated and evasive attacks on Tom Watson, Zac Goldsmith and a 'rogue' Exaro.

I leave you to decide what is the right thing to do under these circumstances. Personally, I remain convinced that the interests of the People and of the State cohere in clearing out the Augean Stables and dealing with innuendo and rumour on all sides by means of a decisive investigation that can come to conclusions where there can be no suspicion of cover up and no room for conspiracy theory. Let us keep an open mind - it is quite possible that the police may uncover things quite different from our current beliefs and expectations on all sides.

It is certainly not enough simply to organise matters in secret so that, if serious state tolerance of child abuse has taken place, it could not happen again. Investigation into what has happened, how it happened and who did what to whom is absolutely necessary in order to put in the right practical reforms that are trusted by the population at large, otherwise we will make more mistakes. Bluntly, the life chances of thousands of kids is still and ultimately infinitely more important than the reputations of those of us at the top of society. I will take whatever the Mail, Times and others throw at me rather than not see this through to its end and am prepared for any outcome other than cover up. The very commitment by the ESRC to funding academic work on the 'hidden history' of official failure to deal with child abuse is just one aspect of the case that shows that our administrative structures are currently serious about reform and so should we all be. Yes, we should curb excesses and show restraint but any compromise on that reform could be disastrous for our trust in the State itself, let alone the police - that way madness lies.