Select Committee on Health Minutes of Evidence


Examination of Witnesses (Questions 320 - 341)

THURSDAY 16 JULY 1998

RT HON FRANK DOBSON, MR TOM LUCE and MR DAVID MATTHEWS.

320 You have looked?
(Mr Luce) David may know.
(Mr Matthews) The Empire Settlement Act gave a basis for financial provision for assisted passages. There is that element which applied to families as well as unaccompanied children.

321 Was there any money made available once the children were in Australia, in institutions in Australia? We had indications that there was money coming from Britain to subsidise those placements.
(Mr Matthews) I am not aware of any direct subsidy from the British Government to children once they got to Australia.

322 Right. That is interesting.
(Mr Dobson) If the Committee would like that pursued, if you have any clues that might identify times and dates and institutions that might help because otherwise it is like looking for a needle in a haystack.

323 I hope we might be able to supply that. People referred to ledgers in children' homes which indicated that there was money coming from the British Government. I wonder if I could go on to another area now which is there were two things which came through from all the evidence we received when we were there which was a desire on the part of these former child migrants to fill the void in their lives, in their ancestry, to discover where they came from, who their parents and siblings might be and so on. I hope in terms of your answer to the previous question that we will be co-operative in working with other governments to do that. There is another factor which, having discovered where they came from, who they are and discovered that they have a mother still alive in England, a number of these people are retired, have limited means, do you think either directly from the British Government or co-operatively with the Australian and New Zealand Governments there is the possibility that we can provide some financial assistance for them to come on maybe just one visit back to the UK?
(Mr Dobson) Certainly I cannot give that commitment, I do not know what the scale might be of people who would be interested in doing it. If that is what the Committee recommends we will obviously have to consider it very carefully and very seriously but I cannot sit here and say, yes, that is okay.

Mr Lansley

324 Secretary of State, I wonder if I might just revert to the relationship between the UK Government and the receiving countries' governments. You said you had a brief discussion with the Australian Federal Health Minister, I know we had evidence your predecessors had indeed had conversations of a similar kind but I wondered if in the light of not so much those discussions but other contacts between the Department and the governments of receiving countries or in the light of in more recent years the publicity and the public concern that has arisen both in this country and in the receiving countries whether there have been requests to the British Government from receiving governments for action or support or indeed proposals for co-ordination and, if arising from those, there are any additional measures in hand of which the Committee ought to be aware or in prospect?
(Mr Dobson) Can I make one point before I ask Tom Luce to reply. The Parliamentary Under Secretary Paul Boateng is at this moment in Australia and one of the things he will be pursuing there as part of the visit he is making is the matter of child migrants to try to establish effective relations because if we are going to do even a limited amount to help in terms of access to records and things then clearly we are going to have to establish effective relations with at least the Federal Government and probably the State Governments and the agencies there.
(Mr Luce) I am not aware myself of any requests from the receiving governments for arrangements of that kind.

Audrey Wise

325 I would like to revert to the issue of help being made available from the British Government at the time for the subsistence of these child migrants. Certainly I will supply the things which I want to bring to your attention. In Australia I was given a file of documents and copies contemporaneous correspondence. For instance, there is a letter of 13 July 1951 which is really in connection with the Presbyterian Farm School called Dhurringile. It is from the Australian Minister for Immigration explaining to the church concerned, the Presbyterian Church, the mechanisms for the remission of money, British Government money, to them for the child migrants. It explains: "The position is that this Department does not make arrangements for payment of maintenance contributions by the United Kingdom Government on behalf of child migrants. The United Kingdom Government has expressed a desire to make their own arrangements in this matter. However a procedure has been followed whereby regular payments are made by the Commonwealth relations office..." which is the name we all remember, the British Government Department "... to the appropriate authorities in the UK representing the approved organisation in Australia normally on the basis of quarterly returns furnished by the voluntary organisation at this end caring for the child migrants showing the names and ages of migrant children under 16 years of age being fully maintained. The Parent Recruiting Society in London then completes arrangements to remit the United Kingdom Government subsidy to the homes concerned in this country." Now I believe that to be genuine and there is a whole pile of other very interesting letters which suggest that in fact there was much more active support by the UK Government but it was not matched by checking up. So, as I say, I will pass that to you, Secretary of State, but I would urge that your Department also looks into this matter with a view to checking exactly what the British Government did, in so far as you have got time to do it. If you decide that is too laborious and you can simply make generous arrangements now, okay, but otherwise if you are not going to make generous arrangements when the time comes for your response then I would urge that before you commit yourself against it you look very thoroughly. That is a very clear statement, the United Kingdom Government subsidy going out there and then no information coming back. We had evidence of what happened to people at that particular farm school as well and it was very nasty.
(Mr Dobson) I can give an immediate undertaking that I will ask officials not just in the Department of Health but within the Government generally and presumably the Foreign Office now to see whether these records have been kept and, if so, to check and see what the overall position was.

Dr Brand

326 I really want to take up the issue of records. Clearly, there are a great number of records. We have heard there are records at the Old Bailey, central government, local government in this country, the institutions in this country, the institutions abroad, federal governments and state governments. It is actually a nightmare for people to try to find where there may be details of their particular circumstances. Mr Luce told us on 20th May that it would be difficult to collect these records. I do not think that is what we have in mind. What we have in mind is a central database which actually could tell people where their records are kept and they would have a more reasonable way of getting into the data stream. Would it be possible to set something like that up? Secondly, we have had a lot of evidence of people being deliberately misled especially by the sending agencies and receiving agencies, people being told that there were no records or that the records had been burned or the records had been misled or that parents had died when clearly their parents were still alive perhaps in an attempt to cover up some of the very inadequate support and supervision that these children got. Would there not be powers available to you to ensure that the access is adequate for people to records held by the voluntary agencies?
(Mr Dobson) It seems to me that if we wanted to set up a central database it would not work unless everybody complied because it would not be central otherwise, it would be a bit central but certain agencies and maybe certain Australian states or Canadian provinces would not comply, I do not know. If it is going to work as a central database it needs to cover everyone. My advice is that we would need to take some powers that we do not possess at present in order to force an agency who is unwilling to contribute to the database to contribute.

327 We heard earlier that clearly some of these agencies were formally acting on behalf of the British Government which I would have thought would give the British Government an absolute right to the records that show what was being done on behalf of the British Government.
(Mr Luce) It would be very difficult for the British Government to take powers relating to records held overseas, of course and we have had discussions with the sending agencies here and have some more planned. From the discussions that I have had, I would have thought that the issues are practical now rather than any withholding of consent. I certainly think that in pursuing those discussions we would want to make every progress that we can without waiting for legislation, which would be rather inclined to delay things. I think I would be reasonably confident that if a practical feasible scheme were designed there would be a high level of co-operation in it. I would not want to defend necessarily the sending agencies, particularly when these issues first started to arise in a serious way towards the end of the 1980s, but there are undoubtedly practical problems that some of them have where small agencies have now disappeared and nobody really knows where their records are and so forth. So one has to accept there are some practical limitations, but I would personally doubt whether taking legislative powers would be necessary.

Chairman

328 I think the problem that we picked up in Australia is that in a number of instances agencies have been reluctant to release records because of a fear of legal action being taken by the former migrants against the agencies concerned over the treatment they had within the system. Can I move on to another issue linked in a sense to Robert Walter's question about funding passages back to the UK. One of the areas that we received strong representations on both before we went to Australia and New Zealand and while we were there was the view that if former migrants, particularly those who are in fairly difficult circumstances in Australia and New Zealand and elsewhere, who are British citizens were to return to the UK to have some form of rehabilitation with their families the UK Government ought in some way to maintain them or assist with their maintenance while they are actually within the UK. I appreciate, Secretary of State, this is not directly within your remit, it would be your colleague's in the other section of Richmond House, but I do not know whether you or your officials have had any discussions with the Department of Social Security about what their thinking would be in certain circumstances where a former migrant is back here without personal finances to maintain him or herself. Would the Government be in a position to offer any assistance to somebody in those circumstances?
(Mr Dobson) Your Committee may decide that the child migrants should be singled out and treated differently from anyone else, but in order to entitle them to UK Social Security benefits while they were here they probably would have to be singled out and treated differently from everyone else because they would be subject to the habitual residence test like any other British citizen who has lived abroad for a long time and then comes to this country. I understand that roughly speaking the same rules would apply to them seeking legal aid for any legal action they might try to pursue here.

329 I think we might touch on that later on. Perhaps I can give you an illustration of somebody that several of us met in Australia who is actually now in the UK to put in context the concerns that we have about the circumstances of people who have been through this scheme. I have got this man's consent to raise his case and mention his name. He is Mr Michael Doonan whom we met in Melbourne. He was born in 1948, so I am sure Mrs Keen and I would not think he is an elderly man but a young man from our point of view and in your case probably a very young man. This man was sent at the age of five from the Father Hudson's homes in Birmingham without the knowledge or consent of his mother and his father. He was placed in Australia with the Christian Brothers and spent time in some of the establishments run by that organisation that have generated the most serious complaints about abuse and sexual exploitation. This man, who had assumed he was an orphan, sought help from the Child Migrants' Trust and his mother was located living in London in September 1997. She had always understood that her son had been placed for adoption in the UK with a responsible caring family and, as you might imagine, she was astonished to find out he had ended up in Australia in these institutions. The Child Migrants' Trust made contact with his mother who at that time was in reasonable health, although towards the end of last year she experienced a mild stroke and following letters and telephone calls between Michael and his mother and his many full brothers and sisters, which he also found he had got, plans were made for him to return home earlier this year to have a reconciliation with his mother. This chap actually is in employment but could not meet the cost of air travel and the expense of maintaining himself here. He already had had considerable expenses in telephone calls with family in the UK. In order for him to travel home his only option was to apply for assistance from the Christian Brothers, the organisation that he regarded as having treated him in an appalling way during his time on various of the farms where he was placed and he felt quite compromised having to take this step, but he had little choice and eventually he got the full cost of his air fare. He was planning to come later in the year to see his mother. While we were there his mother had a further serious stroke and we were asked, and I was asked in particular, what should he do, because the concern was not that he had not got the money to get over here, he had got that money from the Christian Brothers, but who would maintain him when he was here. I took the view, maybe irresponsibly, from a humanitarian point of view that surely this man's mother was clearly in a pretty bad way and with her age and circumstances I felt, and I know my colleagues shared the view, that this man had an obligation to return home as soon as possible and we would sort out his maintenance while he was over here. Were we at fault in suggesting that? I do not think we were and I do not think you would think we were, but you will understand that this is the kind of dilemma that many migrants are in in similar circumstances because their parents, if they are still alive, are of an age where they are not well. What can we do about somebody in his circumstances, Secretary of State, because I am sure as a decent human being you would agree that this man should be with his mother and in fact we have found out that she has suffered a further stroke and has got a poor prognosis for immediate recovery. She cannot speak, but she knows he is here and since he has been in England he has spent most of his time at his mother's bedside. She is delighted to have him here, but the circumstances could have been very different if he had actually been given this information years earlier that he was not an orphan, he had a mum and brothers and sisters over here. To me this is scandalous and it is a human situation in the here and now, it is not 1948. I just wonder what your thoughts are on how we can go about assisting this man in these circumstances. You may want to take it away and look at it. It seems important to illustrate in human terms what this scheme has meant to people in the here and now.
(Mr Dobson) I can certainly undertake to take this away and raise it with the Secretary of State for Social Security and see whether there is any machinery that allows her or someone else to help. Certainly in terms of ordinary straightforward benefits as I understand it the test of habitual residence would have to apply, but it may be that there are certain discretions, but the last thing I am an expert on is Social Security and so I really do not know.

Audrey Wise

330 When you have any discussions that you may have on this, Secretary of State, could I ask you to make it clear to the relevant Department or Minister or colleague that these people were very anxious to be habitual residents of the UK, they were enforced migrants and therefore this should give them the opportunity to be regarded differently. They were treated very differently. They were not volunteers. Your use of the word "press ganged" was very appropriate and in many cases their parents did not consent. The level of deception we found was enormous. It would be a bit ironic if they are told: "You are not entitled to benefit because you are not an habitual resident", when that is their very complaint against the British Government.
(Mr Dobson) I understand that and, as I say, I will undertake to raise the matter with the Secretary of State for Social Security.
—Chairman: You mentioned the issue of legal aid earlier on. Audrey wants to pursue that issue further.

Audrey Wise

331 There are real problems here. This is one of the practical issues and I would not suggest that all the practical issues are capable of solution by the British Government because they are not, but some of them I think would well repay discussion between the British Government and host governments. For example, the fact that in western Australia there is an absolute statute of limitation of six years means that there is no possibility of legal redress for very many of these children. You said that the host governments clearly bore a heavy responsibility and this is obviously true. Perhaps you would care to look at the legal position there to see if there could be some representations about matters like that. In addition, there is the problem of being able to afford legal aid both in anything to do with their own treatment and also in anything to do with their current situation. Some face unfortunate situations in relation to their rights as individuals, their rights in relation to their own family, it might be inheritance, all kind of things and up to now nobody accepts responsibility for that. Do you think that you could consider looking at this issue? I am very anxious not to tempt you into closing the door on any of these things as you would gather. I am adopting a different style from my usual as you would gather. In drawing your attention to this it is not intended to say that it is only a British Government responsibility, but many of them are still British citizens and there is apparently no way that they will qualify under normal rules. Could this be one of the things you undertake to examine for us?
(Mr Dobson) I can raise this question of help on the legal things with the Lord Chancellor and I will do that as well, but I would expect that there is not likely to be any response, save in this urgent case, until after we have got your report and have had time to look at it and considered the implications one way or another.

Ann Keen

332 Secretary of State, the evidence suggests that it seemed to be advantageous to the children that they should have a new fresh start out in Australia and Canada and to enable them to have this new and fresh start they were issued with birth certificates which omitted full details of their parents and they were only issued with a shortened version of their birth certificate. Would you be able to consider supplying full birth certificates to the people free of charge?
(Mr Dobson) I do not think I am responsible for the Registrar General either, I think that is the Treasury. There is a thought!

Chairman

333 You have got a good relationship there!
(Mr Dobson) Not necessarily. Again I am sure we can raise it with them. I do not know how high the fees are. I gather they vary depending on how you approach them and what you are seeking, but it certainly is the case that people should be able to get their full birth certificate and I would hope it would not be so expensive that they were debarred from doing it just by the expense.

Ann Keen

334 Many of the child migrants are now looking for an apology from the British Government for their involvement in this whole scandal. Could we see that coming forward? Would you see that as at least part of an appropriate gesture when we have completed our report?
(Mr Dobson) I obviously would not rule it out. I think probably the British Government owes an apology to legions of children who were taken away one way and another, sometimes by courts and other people from the care of their own parents and then mistreated more than their own parents were mistreating them, if their parents were mistreating them which may not have been the case in some of these cases. I do not want to rule anything out and we will respond in a sympathetic way, I am sure, to what the Committee recommends.

Mr Lansley

335 Secretary of State, I wonder if I might invite you just to comment on two aspects of how you might look at any recommendations made by this Committee. Firstly, clearly it is not our task to take too long to try and write a history of all those things that had occurred, but it is clear that in the context of our report there would be many references to occasions when there have been errors and omissions and fault in the past and when opportunities for remedies had been available but not been taken. I just wondered, firstly, if you could undertake, although those omissions may not have occurred under the present Government, to take corporate responsibility for the errors and omissions and failings that may have occurred in the past and undertake that the present government at least will recognise those and respond to them corporately in the present for what had occurred in the past? Secondly, that you would also be thoroughly aware—and the example the Chairman adduced is an important one and there are many others—that time is still very much of the essence. It is one of those instances where so little having been done over so many years does not give one the impression that nothing has been, therefore nothing needs to be done, but that nothing has been done and therefore it is all the more urgent that something is done. Would you be willing to undertake to act either on the UK Government's behalf or, where necessary, in concert with others in as speedy a fashion as possible?
(Mr Dobson) Firstly, the British Government accepts all the liabilities and assets of its predecessors. Clearly, if there are responsibilities we accept those responsibilities. It seems to me that the main thing that the British Government can do here is give practical help in terms of records and that sort of thing to people who are looking for records and if we can facilitate people getting what they want here in this country then I would be very happy to look at that sympathetically. I think we move into a different territory once we start talking about how people were treated by Commonwealth governments and apparently reputable agencies within those Commonwealth countries.

Audrey Wise

336 We were told before we went to Australia: "Oh, you will meet the malcontent, you will meet the unlucky ones and you will not meet anybody who made a success." I would like you to know and to bear in mind that we met very large numbers of people and we did meet those who had made a success of their lives, including one person who made a huge success and rose to a very high position in the Australian broadcasting system but who nevertheless told us that in his view the whole thing was fundamentally flawed. We also met great numbers of people who had suffered what can only be called atrocities. I found myself saying to a colleague that this was not normal ill-treatment, this was not normal paedophilia. I do not think paedophilia is normal, but I did not have a vocabulary. It is like war crimes without the war. These were British children. Perhaps when you consider our report and issues like apologies or whatever you will see that some people badly need an acknowledgment. There are things you cannot apologise for even if you think it was your fault, but perhaps an acknowledgment of what they suffered because for many many years they have been disbelieved and they have had an enormous struggle. It is very difficult if you are being habitually raped or forced to have sexual contact with animals that we heard about from people who had suffered it and you are also being told this is the will of God. It has taken people a great long time to gather any self-respect. Being disbelieved or thrust to one side, marginalised has been part of it. My own view is that an acknowledgment of what they suffered would be part of a healing process. I do urge you, Secretary of State, to discount any suggestion that what happened was because of the standards at the time on how you dealt with your children and how it was different then because you and I know that actually the people to whom this happened in general, those who came up against poverty in particular, were not much different from what they are now. The attitudes of authorities might have been different to such issues as illegitimacy, but the attitudes of the mothers and fathers were not and we have had a lot of statements about how that was then and it was different then and I am glad to have a sufficiently mature Secretary of State to be able to discount that particular line of argument.
(Mr Dobson) I find it quite extraordinary, to try and pin the point in time, that when I was at Wembley watching England win the World Cup some children were still being in effect kidnapped from Britain and sent to Australia. It beggars belief even if it was done with the best will in the world and even if when they got there they were properly and well treated and got all the opportunities of better jobs and wide open spaces and healthier living and all this sort of thing which was sold to people, not necessarily children, with the Assisted Places Scheme and things like that. Even if it was the case that once the children had arrived in the recipient country everything had gone right, it still seems to me that what was done was wrong. I perfectly understand that.

Ann Keen

337 Following on from what Audrey said which I would back totally, all of the medical evidence tells us today that people need massive help through any traumatic experience and the longer the crime is left and not brought to justice the worse that traumatic experience becomes. When Audrey Wise said it is like war crimes without the war I think she pinpointed it. Can we look forward to a time when the people who committed the crimes will be sought and brought to justice?
(Mr Dobson) In those terms the dubious policy that we find difficult to understand clearly was not a crime. I do not like to use the word "paedophilia" because it is a phrase which was invented by them, it is child molesting and child abuse, and that is a crime, and as I understand it the crime occurred in the recipient countries and really they are matters which have to be pursued with the judicial systems and prosecuting authorities in those countries. I do not really see much of a role for the British Government there, other than perhaps urging them to do it.
—Mr Gunnell: I, regrettably, was not able to visit Australia but I have obviously heard rather more of what Audrey has just said very eloquently now. It does seem to me, from what I have heard, that there are a number of organisations which actually would be only too pleased to keep the lid on this whole topic because if you expose what happened and if you give publicity to the sort of information which this Committee has received and which Audrey in particular has spoken of, then it is clear there are some people who under normal circumstances in this country would be prosecuted and you would have a situation where Utting was writ large in terms of the treatment which many child migrants received. I think therefore the Department ought to bear in mind that there are organisations who, for their own reasons, will be very anxious to withhold information and for that reason I can see it may be necessary to have some powers of compulsion to obtain information from those organisations which they would be reluctant to pass over otherwise.
—Dr Brand: If I can reiterate that, and there are clearly two issues here. One is a number of children have had something happen to them as a matter of Government policy and they need help to trace their roots and see whether they can re-integrate their lives, and a lot of them still blank it out until they have got to our sort of age when their children and grandchildren start asking: "Where did you come from?", and I am sure there is a lot we can do to help them. There is a second group which were not only victims of that policy of displacement but were actually criminally abused. I think we should not base all our discussions on that much smaller group, I am very glad to say, of children who were criminally abused, and I do not think one should have a policy on those people other than to allow them to pursue the right to prosecute the people who did those beastly things to them. I am very worried about Statutes of Limitation and that Governments abroad are very reluctant to allow this to be opened up. I think that the various religious organisations—and I think the Catholic Church has a great deal to answer for here—are deliberately keeping a lid on this issue by making any help that they give to former child migrants conditional on them not suing, by withholding information unless people sign a disclaimer that they will not sue, by settling out of court when it actually gets anywhere near a court, and I think that is quite disgraceful. I am afraid it has the smell of a deliberate cover-up which is wider than just one institution, I think it is a sort of Establishment cover-up which I find extraordinarily unpleasant.

Mr Walter

338 Secretary of State, I do not want to pre-judge what we say in our report but, if I could reiterate what Dr Brand has said, there does seem to be a conspiracy on the part of particularly it would appear the Catholic organisations, not only in Australia but also here. We heard evidence from people who could remember which children's home they were in. I remember one very vividly because it was a children's home which was just down the road from where I grew up—Nazareth House in Swansea—and this woman said: "I could remember being there but when I went back all the nuns said, 'You must be mistaken dear, you were never here,' and she said, 'Of course, I was here,' and they said: 'Well, there are no records"' and somebody else who had been at a similar one in Plymouth and had gone to the offices of the diocese and they said: "There are no records, you must be mistaken, you were never here." I believe that we have a responsibility in this country, if those records exist or if somebody is sitting on those records, to actually find them and make them available to these people. I am not asking for a comment on that, I just state it.
(Mr Dobson) It is one of the things I will comment on. It seems to me that if the records are there, then they ought to be made available to any of the individuals who were affected by them who would like to see them. I think that the least—and I can make this commitment now—the Government could do would be to help people in those circumstances by making approaches to the agencies concerned if the agencies concerned are being obstructive. I think Tom Luce's view is that they probably would be co-operative and I certainly do not know enough to dispute that view, but to force them to do it would require a change in the law as I understand it, but I may be wrong.

Chairman

339 Can I just make one final point? I appreciate that this has been a very unusual session and we have pulled out more evidence from the Committee than from the witnesses.
(Mr Dobson) Yes, at one point I was thinking of asking a couple of questions!

340 What has struck me in the time that I have been aware of this issue is that there are contemporary parallels and that worries me very much, possibly to a lesser extent in this country, but certainly in Europe. I went in the early 1990s to Romania and I recall vividly being in a Romanian "orphanage" with dozens and dozens of small children, and asking how many of these children were actually orphans and being told that it was about one of them and the rest of them had parents and families, but they were too poor to care for them, so they were in an institution. Of course at that stage there was great pressure to have adoptions in Britain of these Romanian orphans. I think there are lessons to be learned there because I can see a very clear contemporary parallel in looking back at what has happened with the migrant scheme. Do you have any further points, Secretary of State, or Mr Luce or Mr Matthews, to raise with us at all or any issues you want to mention which have not been raised so far before we conclude?
(Mr Dobson) No, the only point I have really is that I welcome what you have been doing and I look forward to receiving the report and I will try to make sure, insofar as I can commit other people, that you get a prompt and sympathetic response to the report.

341 Well, we welcome that assurance. I am sure you appreciate that there is a very limited timescale for many people in respect of this issue. We intend to try and produce a report within a fortnight. We have given assurances to people in Australia and New Zealand that we will try and produce a report by the end of the month and we hope we will be able to do that, and obviously it would be very helpful if you are able to respond in as concrete terms as possible to the report as soon as humanly possible. Can I express my appreciation to all of you for coming along on what I know is a difficult issue, and we appreciate your positive response to the points we have raised with you. Thank you very much.
(Mr Dobson) Thank you.


 
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