Home Affairs CommitteeWritten evidence submitted by Mick Creedon QPM, Chief Constable, Derbyshire Constabulary [LSP 43]

When we spoke on the telephone last week I undertook to give you a written response to the questions you raised with me in your letter of the 3rd April. You’ll recall that I wrote to you in some detail and explained the difficulties in responding to all the questions and suggested that we have a face to face meeting.

Subsequent to our conversation I have again considered the questions you asked and in the spirit of trying to be open to your Select Committee oversight, but at the same time guarding against compromising a very complex, difficult and protracted ongoing enquiry, I offer the following at this stage.

The number and nature of the files still to be reviewed

At this time there are 34,000 computer files have yet to be transferred onto the secure HOLMES (Home Office Large/Major Enquiry System), where they will be subject of the necessary processing, reading, indexing and actioning. ‘Actioning’ is the term used to describe how a document is examined and how ‘actions’ are created which are in turn allocated to operational staff so they can make their investigations in a planned and properly managed way. Some documents might result in no actions at all whereas others could raise dozens of lines of investigation.

The 34,000 computer files are approximately equal to 50,000 individual documents. As you can see this is a complex and time-consuming task and on a conventional murder investigation, this number of documents would be exceptional and would represent only the very largest and complex type of investigation I am still working with the existing investigation team to assess how we will best deal with this mass of documentation; each document has to be considered in the context of this very wide-ranging enquiry and if the reviewer identifies any investigative actions they must be raised as a result. You are aware that the SDS was operational for four decades and the nature of material includes intelligence records, photographs, targeting strategies, resource lists, reference documents, receipts, authorisations, RIPA applications and much more besides.

The costs of the operation to date and projected future costs

I am informed that the current cost of operation Herne to date is £1,250,000. This includes staff, premises, installation of HOLMES and necessary security measures. The cost of maintaining this operation with its current staffing levels for a ·12 month period is projected to be around £1 .66m. I am being given a monthly cost which I can supply you with at a future date should you consider it helpful to the Committee.

The numbers of police staff and officers working on the operation

Twenty-three police officers form the HOLMES major incident room and outside enquiry team. Ten police staff members support the HOLMES incident room and perform analytical and research actions. I have my own representatives in the incident room who are not Metropolitan police staff. These officers are now taking the overall lead for the enquiry in line with the request from Mr Hogan-Howe for me to take over this work from the MPS.

Whether any disciplinary proceedings against officers have been initiated

There are a number of ongoing separate investigations within Operation Herne, some of which are being supervised by the IPCC. No matters have yet been concluded either in the sense of criminal or misconduct issues. As those investigations continue it would be inappropriate to discuss their detail.

Whether any arrests have been made

The changes brought about by the revisions to Code G of the Police and Criminal Evidence Act 1984 has meant that any interviews under caution can be conducted by prior arrangement and without the need to make an arrest. It has not been felt proportionate or necessary to use any of the powers of arrest provided by PACE but this will be continually reviews on a case by case basis. The operation remains in the evidence collection phase.

How many dead children’s identities do I estimate have been used by undercover officers?

Investigations continue into this aspect of Operation Herne. I am not able to answer this question at this time with any degree of absolute certainty but I can say that this was common practice within the SDS.

How is the operation dealing with speculative inquiries from relatives who are asking the Met to confirm that their children’s identities were not used?

The Metropolitan Police Service has received a number of such enquiries. No families of children whose identities have been used have been contacted and informed. No answer either positive or negative has yet been given in relation to these enquiries from families. This issue is very complicated and mistakes could put lives in jeopardy.

As I take control of the enquiry addressing this issue and providing some reassurance to the public is one of my foremost concerns.

How many children the Metropolitan Police have identified as being born out of a relationship conducted by an officer undercover and whether the parents/and or children in those circumstances have been informed and what financial support is being provided to them

I have to reply along the same lines as for the above question. This remains an ongoing live investigation and it would not be appropriate for me to provide any detail about this element of Operation Herne.

You ask a series of questions about my own role, staff from Derbyshire working in London, my time on the investigation and my visits to London. I understand your concerns following our very helpful conversation, but I have to reassure you that I feel confident that I have the necessary time and support to carry out this role whilst also maintaining my leadership of the Derbyshire Constabulary and my other national responsibilities. I have one full time member of staff from the East Midlands working in London and at present the rest of the investigation team is made up of Metropolitan police officers and staff. I am in the process of reviewing this and there will be more staff from Derbyshire and the East Midlands. The Home Office have given me complete reassurance that any additional local costs incurred will be met in full by them so that the local Derbyshire ratepayer is not penalised. Mr Alan Charles, my local Police and Crime Commissioner has been fully briefed on the operation and my commitments and he is likewise confident that the interests of the Derbyshire Constabulary and the people of the county and city will not be compromised.

I hope you appreciate that at the direct request of the Commissioner of the Metropolitan Police Service I have accepted the leadership of this complex, highly sensitive and necessarily protracted enquiry, the scope of which stretches back over four decades. Unravelling all the complexities of this is going to take a considerable effort and not a little time. Please be assured that I am satisfied with the scale and quality of the resources I have available at present and that the terms of reference are robust and will allow me to deal with the issues properly.

When we spoke we discussed the terms of reference and you will recall that I was keen that you sight of these so that you are aware of the scope of my work. The Commissioner’s office has agreed that you should have sight of these and I attach them for your information.1 You will note that these are still marked as ‘Draft’. This is purely due to the fact that we are waiting for any response from the IPCC. I have already met them with Deputy Commissioner Mackay and they have given their comments. I am not anticipating any further changes but as we have not yet heard back, they are officially only a draft version. Lastly, whilst I am comfortable you having sight of the TOR I would ask that these are kept as confidential at present and not shared with others.

Mick Creedon QPM
Chief Constable, Derbyshire Constabulary

May 2013