Select Committee on Health Minutes of Evidence


Examination of Witnesses (Questions 1 - 19)

WEDNESDAY 20 MAY 1998

MR TOM LUCE CB and MR DAVID MATTHEWS.

Chairman

1. Good morning, colleagues. Can I welcome you to this first session of the new inquiry into British child migrants. Can I, first of all, begin with an apology. I have to leave the Chair at about 20 past 12 to speak in a Debate in the Commons Chamber. I do apologise for this. Mrs Wise will take over as Chair. I will return to the Chair once the Debate is over. May I begin by welcoming our witnesses for the first session, Mr Luce and Mr Matthews. I wonder if you would be good enough to begin by briefly introducing yourselves to the Committee.

(Mr Luce) Thank you, Chairman. Good morning, ladies and gentlemen. I am the Head of Social Care Policy in the Department of Health. The Social Care Group, of which Herbert Laming and I are jointly head, covers a full range of social services' responsibilities and our responsibilities for children's social care. Mr David Matthews is a member of the Group who covers, amongst other things, specifically the responsibilities that we, like others, inherit for the emigration of children.

2. We are most grateful to you. Can we also thank you for your written evidence which was very helpful to the Committee.

(Mr Luce) It was entirely Mr Matthews' work.

3. Thank you very much. Can I begin by asking you both the most basic question that is put to me when I meet people who were former migrants. People come over from Australia or elsewhere in the world and ask, "Why did it happen?" Could you give us some brief background and your views on why this scheme began and why people appear, in some instances, to have been treated rather badly.

(Mr Luce) To some degree it has to be surmised. We do not pretend in the Department of Health to be professional historians. What is clear is that the various schemes have complex backgrounds, but if one starts with the 19th century schemes and perhaps leaves out the sort of precursor in the 17th century, there were two main motives for the schemes. One was a philanthropic motive on the part—in the lead, one might say—of various voluntary organisations and, indeed, individual people who wanted to find some way of relieving the terrible poverty and deprivation and appalling living conditions of many children, particularly in the big cities, as a result of industrialisation. These schemes had their origins in the days that were described by Dickens: terrible family situations, appalling living conditions for children, virtually non-existent or certainly very unreliable child welfare schemes, many of which were actually concentrated in what we now call the voluntary sector, although in those days they would have regarded themselves as charitable and philanthropic. It was natural that against that background people would want to find some solution for, at any rate, some of these children, a solution that did not seem to present itself in Britain domestically. That was undoubtedly one reason. The other reason was of a rather different kind, which was that the British territories overseas were still at a relatively early stage of their development and, in particular, Canada and Australia were fighting very hard to develop their countries and their economies, against a background where they faced enormous challenges in bringing successful agriculture into their lands with a very small and scattered population. So they wanted both to increase the population of their countries and they also wanted, it must I think be recognised, more pairs of hands for the labour force, including young pairs of hands. That seems, from the perspective of modern day values—in particular, the use of children for labour—to be something objectionable; but, of course, it must be remembered that the apprenticeship system and the indenture system for children (what we would now call children) existed in this country as well. So I think basically those are the two reasons for the origins of the schemes in the last 150 years or so.

4. Accepting the point that you make about none of you being professional historians, I am well aware that these schemes go back a long, long time. I am particularly concerned about the developments post-war. This scheme operated in this country until 1967 and I suspect everybody who is sat round this table in Committee could be eligible for Australia or New Zealand or wherever if they were in a voluntary care home. The key concern that we are anxious to establish, (bearing in mind the huge amounts of written material you have received in evidence from migrants), is why when Parliament passed the 1948 Children Act, that framework of supervision for children in care did not appear to apply to youngsters who were placed within the child migrant scheme.

(Mr Luce) I would say to that, that if you go back—I do not want to emphasise the historical perspective too much—but if one goes back into the latter decades of the 19th century, it is quite clear from the work that has been done in a number of really excellent books, which I know yourself and I am sure other Committee members are familiar with, that by the 1870s there was already a degree of anxiety or even conflict arising over the emigration of children. Very interestingly, is the report done in 1874 by Mr Doyle, who was Poverty Law Inspector for the Local Government Board, which was quite seriously critical of the arrangements that were being made for children emigrating to Canada. It seems to me that one can trace in that report, and in the controversy that it created, the essential conflicts that have been with these schemes ever since that time. In that report one sees quite clearly a number of principles adopted by Mr Doyle, which can be seen really as a statement of some of the most important child care values that have been developed since; in particular, an emphasis on the rights of parents and an emphasis on the rights of the child. It was, to my mind, very interesting that that axis, that perspective on the issue, was developed from a local government base. I think it is clear that by the time one gets to the late 1940s and the early 1950s, that the interests which were predominant in the Curtis Report, which itself led to the 1948 Act, were in many ways from that same perspective; although, of course, by then they had been joined by many others, including many in voluntary bodies. As I perceive it, the sort of conflict between the pressures on successive British governments to help the Dominions and other British-linked territories to develop their economies and develop their populations remained a significant influence right up into the 1950s; there was a conflict throughout that period between the child care values that we would recognise today and the obligations that successive British governments thought they had towards the British territories overseas, particularly at certain key periods. I would like to come in a moment, if I may, to the assumption of your question about whether, in fact, the schemes were inadequately regulated in the late 1940s or early 1950s; but before I come on to that I would like to try and think back a little into the general situation in Britain at that time. Britain, like other countries, was coming to terms with a new world order after the Second World War, which clearly had a number of menacing features. It also had fought that war with a great deal of support and sacrifice on the part of the British Dominions and other British territories, not least Canada and Australia. So it is not, to my mind, surprising that in that situation it wanted to consolidate and support its relations with the Dominion countries. Therefore, I do not find it personally very surprising that there remained within the Government quite a strong instinct towards continuing to support their economies and their populations as they then saw them. That said, it is not clear to me from the papers that we have studied, that the Home Office, which was then the responsible Department from the child care point of view, departed significantly from the standards that it was trying to apply in domestic child care matters. There were quite a number of agreements and understandings, in particular, with Australia. It had been part of Australian law since 1921 that the Federal Minister for Immigration should have a legal guardianship role, vis a vis the children who were emigrating, as individual children.

5. So you say that Australia had some responsibility here for these children?

(Mr Luce) It seems to me quite clear that the legacy of responsibility lies with three parties. It lies with the United Kingdom Government. It lies with the governments of the receiving countries. All of them passed reciprocating legislation or made reciprocating arrangements in their own public administration. It also lies with the sending agencies.

6. I am conscious that you are not responsible for history from 1600 whatever, but you have some responsibility for policy now. Clearly this Committee is anxious to look at the contemporary concerns of foreign migrants primarily. Can I put to you a concern that I have. I personally was astonished, having worked in personal social services and various agencies, to know absolutely nothing about this issue. The scheme only ended in 1967. I started in 1968 and I knew nothing about it until I met an Australian who told me about it in 1992. Am I right in thinking that there has been some attempt at suppressing this history of this scheme? If you feel this is unfair to put to a civil servant because I respect the fact you may not wish to answer it—but am I right in my opinion that there has been some attempt, at a fairly high level, in respect of influencing people in governments by voluntary organisations, by the churches concerned, to keep the wraps on this matter and not address the concerns of foreign migrants?

(Mr Luce) I should say that the Department of Health accepts its responsibilities. We absolutely accept our share of responsibility from this inheritance.

7. I am not asking you this. What I am saying to you is that I have the impression that there has been an attempt to keep a lid on this matter. Migrant said to me that this is a deliberate collusion, in a sense, between voluntary organisations, certain church organisations, and successive governments. Is that a false impression?

(Mr Luce) I would like to think it was not a correct impression. Certainly from the Government perspective these matters were very frequently legislated on. Over the years they were subject to a good deal of public inquiry and debate. They were, for example, in the 1920s looked at by a Royal Commission on the Dominions. Certainly, in recent years, I do not think that we would accept that we have made any attempts to push it under the carpet or to suppress anything. It does seem to me, on reading the material, that the activities of the Government have been perfectly open. In debates on these matters—not least in debates on the 1948 Act—there were very clear references to the interests of charitable bodies, (churches and voluntary organisations as well, of course) as well as to the interests of the receiving countries. So it is all done, so far as I can see, in an absolutely open and constitutional manner.

8. If that is so, why is it that until very recently files were restricted? Obviously you have been having debates on this matter and some years ago I was pleased to see the previous Government subsequently release certain records. However, I am concerned that those records were not available to migrants and their organisations previously, which would have enabled them to find out their legitimate concerns about where they came from and who they were. Why did that happen? Can you give me an assurance now—and Mr Matthews may wish to comment on this before other colleagues come in—that there are no files being held from migrants which would enable them to learn about why they were treated in the way they were, where they came from, and who they are.

(Mr Luce) Certainly, Chairman, I will do my best to answer this. What I personally find very puzzling about this is, what appears to us to be from the Government material we have received, a relatively low level of inquiry and complaint about the emigration schemes until the second half of the 1970s. So far as we can see (and we cannot be absolutely certain about it but as far as we can see) there was not a high level of application—at any rate, to central government, or complaints to central government. In our memorandum you have a list of the files that to our very best knowledge and belief are the relevant ones. I noted with interest that there were two or three Home Office files, I think, going back to the 1950s or possibly the 1960s, which seem to be about complaints by young people, who were emigrated to Canada, about what had happened there. It is really in the latter part of the 1980s that pressures mounted. I find it difficult to explain but that appears to be the situation. When that happened and, in particular, as a consequence of the Adjournment Debate that you yourself instigated, Chairman, we looked very carefully at the arrangements for viewing these records. In fact, I think Mr Matthews can elaborate on this. Someone from the Department, or on the Department's behalf, actually looked at all the files that appeared to be in the relevant classes in the Public Records Office. We concluded that subject to certain safeguards about privacy of individuals mentioned in these files, that they could be opened and they could be released to people who had bona fide interest in seeing the content. I have looked at a number of them myself. In fact, I have brought some specimens along. There are a couple of points to make. First of all when children were emigrated by voluntary bodies there was no requirement to get an individual consent from central government—whether it would have been the Home Secretary up to 1991 or the Secretary of State for Social Services thereafter—the actual references to individual people tend to arise. They are not the prime case papers about the emigration of those children. They tend to arise because the Home Office approved these schemes. It approved sending agencies. To judge from those files I must say it took those responsibilities seriously, but some of those files contain lists of the children whom it was proposed to emigrate under a scheme that was being submitted for approval; or by a sending agency that was submitting it for approval; so the Government's central records are not the prime source of information on individual cases. Nevertheless, we have now made them accessible. We fully believe, to the fullest extent of our knowledge, that we have made them all accessible to emigrated children or to people who are bona fide acting on their behalf.

Audrey Wise

9. Obviously the current position of the Government and the Department will be coloured by its perception of the past situation. Although you have said you are not professional historians, nevertheless in your evidence you have chosen to go back to 1618. I noticed that in the very opening of the evidence it says: "Child migration as a policy was, in a social climate very different from that of today, a well-intended response to the needs of deprived children." Now, I cannot speak for 1618. I cannot even speak for 1948, but I can speak for a time when I was not only an adult and a mother but also a local councillor coming into politics—in babyhood, I went on the council at 21—and this was in the late 1950s. This scheme was going for another 10 years. As an active local councillor I knew nothing about it. When I came into this House in 1974 I knew nothing about this. I can tell anyone here who does not go back as far as that, that the social climate was not all that different as to excuse some of the practices which have emerged and are emerging. I find it absolutely scary to know that if my parents had died I could have been one of these. My children could have been one of these. This is not some dim distant history. I feel it is necessary to put that on the record and to ask if you have any further comments on this historical perspective. Also, your evidence says there was much public debate. But the public debate you have mentioned in your evidence, 1874, you have also mentioned this morning the 1920s. You have even mentioned 1948. I can tell you from absolute first-hand knowledge that there are huge sections of the population most likely to be affected by this practice, but there was no public debate because there was no knowledge. Would you like to address the latter part of this period.

(Mr Luce) Certainly. First of all, you have referred to your experience as a councillor. I think it is pretty clear that throughout the whole business, the local government social services sector was a great deal less keen on participating in these policies than were other sectors. I think it would have been exceptionally rare, particularly in the latter period, for a local authority to deliver a child in its care into an emigration scheme. So far as public debate is concerned, my point was that at the time the policy was being shaped, including that in 1948—and the 1948 Act remained the crucial bit of legislation until 1989—there was a good deal of debate and the conflicts around the policy were quite clearly visible in those debates: the conflict between a sense of obligation to particularly the Dominions and the rising concern from a child care perspective. David Matthews may want to add but in the 1960s, the schemes finished in 1967, as I understand, and had been petering out throughout that period, so I suppose it is an example. It is a kind of something that goes on in a relatively small way at that point and nothing really happens to bring it to public notice, so it does not get widely noticed.

 (Mr Matthews) I would like to add that the number of children who went to Australia in the period from the war is relatively small. I guess something like 7,000. That is small both in the context of people getting assisted passages as families going to countries like Australia, and also small in the context of children that were in public care at the time. So for those two reasons perhaps this was not noticed very much. We draw attention to the Ross Report, which seems the most significant of the reports that were done in that period around 1956. There were a lot of other visits that we have not drawn attention to, references to which can be seen on the files, to people going and reporting back about the progress of children in Australia.

10. Your answer illustrates very neatly my worries. I was going to go on to this business of "relatively small" and you anticipated that. Somewhere in your evidence you say that under 10,000 children went to Australia in the final period of migration between 1947 and 1967. Under 10,000. Now, you choose to compare that with people who went voluntarily to emigrate, which is an entirely different thing, and with a number of children in care. But it is possible to look at it in another way, is it not? 10,000 children is a lot; or even between 7 and 10,000 children is a lot of children. This illustrates my concern that it still seems to be the Department's view that this somehow is not a terribly serious issue. "Only" 7,000 children or 10,000. Only. I think that is a lot of children, especially when they were my kind of children.

(Mr Luce) We entirely accept that. 7,000 children, 7,000 souls, is a lot of children. The point that David was trying to illustrate was, I think, in response to your earlier question about why in the 1960s there was not a higher degree of public awareness. There were no new schemes launched. Basically, this was rather the tail end of a long system, but we do entirely accept that those children at the time (and still) are an important part of the shared inheritance between the British governments and the sending agencies. The other thing I would like to mention is that it does seem to me that there is a very interesting difference between the report by Mr Moss, done on behalf of the Home Office in 1951, and the report done on behalf of the Commonwealth Relations Office by Mr Ross five years later. What seems to me clearly to differ between those two reports was the extent to which in the second one, what one might call modern child care values were very plainly evident, and the reluctance of Mr Ross's group to sanction the continuation of the policy appears to me to be quite evident. They did find some words to say that when it was all done to the higher standard, that there were "still benefits to be had" or some such phrase, but the difference in quality and character between those two reports I thought was very significant. There is also evidence that in the receiving countries it was not just a difference in their economic circumstances. They were starting to feel recessionary pressures and they had large populations anyway. It was also fairly clear that child care values were beginning to come more to the fore in their own attitudes. I entirely take Mrs Wise's point but I would like to assure her that we do not regard the numbers as significant of anything except of historic trend and a possible explanation for her earlier point. We entirely accept that 7,000 or 10,000 or even 2,000 or 1,000 children would be a matter of great seriousness; and we entirely accept our part in the inheritance of responsibility for them whatever the numbers and whatever the period in which their emigration occurred.

Mr Austin

11. You sought to make a distinction earlier between the motivation in the 19th century and in the immediate pre-war and post-war period. It seems to me that you were suggesting that apart from the philanthropic element in the 19th century policy, it was part of the policy of white colonisation and a reinforcement of that. You were saying that what happened right up to the 1960s was, in essence, no different from that; the motivation was still the same. Your comment that this country had obligations to the former Dominions who had supported us during the war, only seems to reinforce the view that right up until recent history children were seen as a commodity to be bartered for political and economic purposes.

(Mr Luce) I do find it personally, as well as officially, extremely difficult to comment on the exact cast of motivation for things which happened that distance in time. There are references in the papers, including Parliamentary papers and the official papers, and one does come across phrases like "British stock". That may well have been a feature. But I would find it very hard to say that perhaps at any time, particularly in the later years, in the 1960s, that this was the predominant motivation. It seems to me pretty clear that there were philanthropic motivations of a genuine kind that lay behind the policy at all stages. There were also motives of a different kind. I expressed somewhat differently earlier on about the way in which successive British governments over a very long period, including a period of extreme difficulty and very fundamental world political change after the Second World War, saw an obligation to support the Dominions. One could put it rather differently. One could put it that they saw an interest to support the development of democratic countries, particularly democratic countries with strong ties to this one. But I am not sure I can say any more than that.

Mr Gunnell

12. If I could ask you a question about the voluntary organisations. It seems to me that you have told us the Government's position, but implied in what you have said that there are a large number of children who perhaps you hardly have the names for—certainly no more than the names—children whose emigration was as a result of the activities of the voluntary organisations. Now, would it also be true that information is much less available to those whose emigration was arranged through voluntary organisations? Is there very frequently a reluctance from such organisations to provide the data and to provide the information, since they are organisations which quite frequently are charitable organisations? They are raising money within this country at the moment for charitable work which they are doing. Therefore, it cuts across their fund-raising. It would be against their interests for their role in this whole matter to be exposed today, because it may not help them in the charitable work which they are trying to do now. Does one get a sense of that reluctance and is there some mechanism by which we can get a deal more co-operation from voluntary organisations who were involved in charitable emigration?

(Mr Luce) Our perception is that the voluntary organisations who in the past were emigrating children, are doing what they can to help make available their records to the children themselves, or to others with a bona fide interest. It is not a particularly easy thing to do. I think I am right in saying that until well after the war, until 1955, that there was actually no legal obligation on any child care agency to keep records for a specified time. I think I am right in saying that it was only in 1991, under regulations made through the Children Act of two years previously, that the Department of Health put an obligation on local authorities and other agencies dealing with child care to keep records for, I think it is now 75 years. The sending agencies do appear to have actually kept records. They do appear to have kept records, although naturally over a very long period some of those records will have met with accidents, they will have been lost, or there will have been fires or whatever. But our perception is that they are really trying to be helpful. I know that there were perceptions—particularly in the late 1980s when quite a lot of the contacts appeared to have started from the emigrated children and organisations acting on their behalf—there were perceptions at that time that the going was very slow and there might have been some reluctance. I do not think that is something I can comment upon. Our perception is that sending agencies are really trying to be helpful.

Dr Brand

13. I might be able to accept that there was not a conspiracy to keep it all quiet, but would you agree that your evidence so far shows that certainly there has been enormous complacency in government departments about this issue. As you say yourself, you only got concerned when there was significant reaction. We are dealing with vulnerable people in isolation, where perhaps you might have anticipated that some support was required. I am thinking very much of a recent event where local authorities were placing children miles away, very often through agencies, and we ended up with the Utting Report showing quite clearly that we still have not got it right now.

(Mr Luce) That is a very relevant point. I think we have to acknowledge it. It is a sad acknowledgement to have to make that quite a number of the complaints that have been made from emigrated children are complaints that could, in the somewhat different context of domestic child care policy, have been made and should have been anticipated better than they were. What the Utting Report shows is that the level of awareness of risk to children living away from home was at the heart of the failures to police a child care system properly in the 1960s and the 1970s and even during the 1980s. As you say, no-one, against this background, would dare to guarantee that these problems have been solved. So I think I would have to reply to your question by saying—and it is not a happy acknowledgement to make—that there were failures of prediction and failures of awareness here or in other countries, in the receiving countries, relating to the position of emigrated children. They were failures which had parallels domestically.

Mr Walter

14. Very briefly I wanted to come back a little on Mrs Wise's perceptions about what happened in terms of post-war policy, and whilst accepting the fact that neither of you are historians, just to ask you a mechanistic question about the internal workings of the Department. The Children Act of 1948. In your evidence you say: "Section 17 enabled a local authority with the consent of the Secretary of State to procure or assist in procuring the emigration of any child in their care." You say there was provision for the emigration of a child who was too young to express a proper opinion on the matter, with the consent of the Secretary of State if the child was to emigrate. Earlier on in that section it talks about the child giving consent or the parent giving consent. Now, bearing in mind how governments and departments worked, at what level within the Department was that consent being given? Was it simply that somebody sent in a form and a rubber stamp was put on it and it went back, or did someone actually look at these cases?

(Mr Luce) It is difficult to be absolutely certain, leaving aside the fact of the material we have.

15. This was going on until 1967 from the evidence we have.

(Mr Luce) I would say that characteristically, where a consent of that kind is required from a government department—whether it is the Home Office or us or whoever—whereabouts in the hierarchy the decision would be made would vary a little bit according to how novel the case was in terms of the issues that it raised. What normally happens in these situations is that there is a kind of framework put together on the basis of the first year or so's experience in which, unless there is some special consideration in an individual case, cases which show certain characteristics would be agreed. Cases which showed certain other characteristics would be disagreed. That I think would normally be done by a professional and administrative staff at around the level that used to be called principal which is—I do not know how you situate these things—but cases which are a middle-management level. Cases which showed more complex characteristics would probably be dealt with at one or two levels higher. Some cases, I would think, would tend to be put to Ministers themselves.

16. So you think that some of these cases did come before Ministers in that period?

(Mr Luce) I would not be at all sure about that because the requirement for individual consents related to local authority emigrated cases. There were not a lot of those. There was not the same requirement for individual consents by central government on emigrated cases for the voluntary sector, which were the large majority of emigrated cases. The particular provision that you read out about a child not being capable of consent I think referred to a rather special category—this is extremely complex and I cannot be certain that I have it quite right—cases where a family was intending to emigrate for some reason or other, perhaps because the children were wards of court or for some reason of that kind; and it was very difficult for the local consent to be given because the child was too young or perhaps the child had some brain damage or whatever, so that had to come into the centre. What I remember from reading proceedings on the 1948 Act was that Mr Chuter Ede[24], I think it was, said that he would not want the consent arrangements to act in such a way that they split up families. I think certainly one of the issues that arose in proceedings on the 1948 Act was that. There were some exchanges in the House. It may be that the bit you read out related to that. Generally speaking, the way in which the administration of a Secretary of State consent would work would be as I have explained. It would have to be very unusual or difficult cases that went to a Minister. I do not know whether any of them did but the number was, I suspect, quite small.

Mr Austin

17. In its first year of operations the Child Migrants' Trust said that it received in the region of 1,000 inquiries. I wonder if you can quantify how many representations or inquiries were received by the British Government from former child migrants prior to the establishing of the CMT. What was its official response at that time?

(Mr Luce) So far as we can tell, a very small number of inquiries and complaints were received for the middle or latter part of the 1980s. I do not think we have any example of what response they received. I did mention earlier that the Home Office files, which are listed for the Committee, showed that there was a small number of files that appeared to be concerned with complaints from emigrated children about what had happened to them. There are also a number of files about failed immigrations, if I can use that expression, children who came back when they were still quite young. We have a very strong impression that before the middle to late 1980s there were very few inquiries, complaints, applications for records.

18. Are you suggesting that the Department was generally not aware of the repercussions of the schemes on the individuals concerned?

(Mr Luce) I cannot be absolutely certain what was in the Department of Health's mind at that time. I think there was nothing happening much by way of external pressure that would have put it higher on the Department's agenda.

19. I appreciate that you cannot accept responsibility for what governments were doing at that time, and that you cannot answer for the sending agencies, but the Child Migrants' Trust has claimed that inquiries to sending agencies and government departments were often met with bureaucratic indifference. In their evidence they have said: "... at times, calculated deception when information has been made available." I wonder if you would care to comment.

(Mr Luce) First of all, I hope very much that there is no well-grounded case of calculated deception in relation to a reply from the Department of Health. So far as the bureaucratic indifference is concerned, I do not really know. However, I think it is sometimes a sad fact that people who approach government departments on anything they feel very, very strongly about personally—and one can imagine the depth of feeling there is amongst emigrated children—are inclined to think that the style of the replies they get are not equal to the circumstances that are concerning them. I hope that there was not any real bureaucratic indifference. I cannot claim that phenomenon never, ever exists but I like to think that in our dealings in child care matters we go to considerable lengths to avoid it.


24   Note by Witness: Hansard HOC Col 1863, 1948.

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