Operation Herne
23. Following the impressive work of The Guardian
in revealing these practices, on 5 February 2013 we called DAC
Gallan to give oral evidence to explain how the Metropolitan Police
would deal with the situation. We were concerned to note initial
confusion within the Metropolitan Police as to who holds responsibility
for this issue.
24. The Metropolitan Police is conducting a review
and investigation of the use of undercover officers by the former
MPS Special Demonstration Squad. This review is known as Operation
Herne. The Operation was launched in October 2011 and has so far
cost £1.25m, including the cost of 20 officers plus 11 staff
working on the operation. However, no disciplinary proceedings
or arrests have yet been made. When we put it to DAC Gallan that
this was a large public expenditure with little to show in terms
of results, she said that the number of files being reviewed was
immense and in various formats, from written documents to computer
files.[27] We
heard similar explanations in the early stages of the police inquiries
into phone hacking, which were overcome by the crucial intervention
of DAC Sue Akers. Similar decisive leadership will be needed to
deal with this investigation.
25. The Independent Police Complaints Commission
opted for a "supervised investigation" mode of inquiry,
which means that its involvement is limited to setting the terms
of reference and receiving the investigation report when it is
complete. Control of the review has, for the majority of the investigation,
been in the hands of the Metropolitan Police itself, but two days
after our oral evidence session on 5 February Commissioner Sir
Bernard Hogan-Howe confirmed that the leadership of Operation
Herne would be transferred from DAC Gallan to Chief Constable
Mick Creedon (of Derbyshire Police), because he believed that
public confidence would best be preserved by appointing an independent
chief constable. We note that senior leaders were aware of these
issues for several months before the change in leadership. It
is important that in future objectivity is ensured from the outset
and not only when an operation comes under scrutiny.
26. For the sake of families
whose dead infants' identities may have been used as legends,
it is imperative that Operation Herne is expedited with all possible
haste. It is shocking that the practice of using deceased infants'
names was apparently a surprise to senior officers and it is vital
that the investigation establish quickly how high up the chain
of command this practice was sanctioned. Once the identity of
the senior responsible leaders has been established, the matter
should be referred directly to the IPCC, which should then investigate
the matter itself, rather than sign off on a "supervised"
inquiry.
27. DAC Gallan told us that
she first knew of the use of dead children's identities in September
2012, but the parents of that dead child have still not been informed.
We cannot understand what is taking so long. Families need to
hear the truth and they must receive an apology. Once families
have been identified they should be notified immediately. We would
expect the investigation to be concluded by the end of 2013 at
the latest. Although we welcome the transfer of responsibility
for the Operation to a leader from outside the Metropolitan Police,
we are concerned that the appointment of a serving chief constable
may not be conducive to a swift conclusion. We have written to
Chief Constable Creedon for clarity about how much of his time
he will be able to commit to this important work. Responsibility
for this matter has already passed from the MPS to local forces,
from DAC Gallan to chief constable Creedon and, we trust, from
ACPO to the College. Without a clear line of accountability, the
risks of malpractice are multiplied. We will return to the question
of leadership of internal inquiries and undercover policing standards
in our work on leadership and standards in the police.
28. We reiterate that in this
kind of serious standards case the IPCC ought to run an independent
investigation. This would be in keeping with the Home Secretary's
statement to the House on 12 February 2013 that the IPCC would
investigate all serious and sensitive allegations, in line with
our recommendations. Funds for such an investigation should be
provided by the professional standards department of the Metropolitan
Police. In lieu of that independence, we will be asking to be
updated on the progress of Operation Herne every three months.
This must include the number and nature of files still to review,
costs, staffing, disciplinary proceedings, arrests made, and each
time a family is identified and informed. We will publish this
information on our website.
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