The NS special report - What the BBC did not tell us

Richard Webster finds flaws in a "shock" broadcast on child abuse in Wales

On Monday 25 January 1999, immediately after Newsnight, BBC2 broadcast a documentary, A Place of Safety, about sexual and physical abuse in children's homes in North Wales. Many who saw it found it one of the most harrowing programmes about abuse they had ever watched.

As the North Wales Tribunal, the longest and most costly public inquiry in British legal history, gets nearer to publishing its report, the BBC had lined up a succession of witnesses who were prepared to speak about the years and years of child abuse they said they had experienced. All of them were adults. Almost all of them were men. With one exception they spoke full-face to the camera and allowed their names to appear on screen. They spoke of beatings and of bullying by the staff who were employed to care for them, of habitual sexual assaults and of cruelty and neglect on a scale that, ten years ago, would have been beyond belief.

As the programme went on, it became clear why North Wales has now become almost a synonym for abuse. Sir William Utting, chairman of the National Institute of Social Work, said on the programme: "I think this is one of the names that will continue to resonate through childcare over the coming decades because it establishes a kind of benchmark for the combination of things that can go wrong in residential childcare . . . It will be the name that's used to terrify future generations of childcare workers."

This is now the received view of North Wales, held alike by journalists, social workers and politicians. But there is a problem with the story of North Wales. It is a problem that the BBC programme illustrated repeatedly and disturbingly.

The first witness to appear on the programme was Brian Roberts. He had been sent to Bryn Estyn, the home said to have been at the centre of a web of abuse, in 1970 when it was still an approved school. Standing in front of the buildings he said: "It was just like something out of a horror movie, the beatings, the abuse, the sexual abuse. It was disgusting." As atmospheric music played and the camera cut to a shot of crows perching on nearby tree-tops, Roberts went on to say that a man (whom he did not name) had taken him into the gym and attempted to bugger him.

What the BBC did not tell us was that Brian Roberts only made his allegation of sexual abuse after watching a television programme about Bryn Estyn in 1997. This programme, which dealt with the setting up of the North Wales Tribunal, had mentioned the conviction of Peter Howarth, the deputy head of Bryn Estyn, for sexually abusing adolescents in his care. (It did not mention that Howarth, now dead, always protested his innocence, or that some of his former colleagues still believe he was wrongly convicted.)

Roberts immediately contacted the tribunal and told them that he, too, had been sexually abused by Howarth. He then made a formal statement to this effect. At this stage it was pointed out to him that Howarth had not begun working at the school until November 1973, three years after he had left. Far from being sexually abused by Howarth, Roberts had never met him.

The next witnesses to appear on the programme were Keith and Tony Gregory. Tony described a regime where physical abuse was commonplace. He said: "You'd let it happen to you. You'd let the staff punch you in the face, or in the stomach, or throw things at you." He went on to make even more serious claims, including that he had seen Peter Howarth sexually abusing one of the residents.

What the BBC did not tell us was that Tony Gregory had also given evidence to the North Wales Tribunal. One of the allegations he had made concerned a Mr Clutton who, he said, had thrown a leather football at his face so hard that it had almost broken his nose. During cross-examination it was pointed out that, although there had been a Mr Clutton on the staff of Bryn Estyn, he had left in 1974, three years before Tony Gregory had arrived.

The next witness to appear on the programme was Steven Messham. He said that on one occasion, when he had been in the sick-bay with blood pouring from his mouth, he had been buggered by Howarth as he lay in bed. He said that on another occasion he was asked to take a hamper of food to Howarth's flat, where he was buggered by Howarth over the kitchen table.

What the BBC did not tell us was that Messham claims he was sexually abused by no less than 49 different people. He also says he has been physically abused by 26 people. In 1994 the Crown Prosecution Service declined to bring his allegations against Howarth to court. None of his allegations has ever resulted in a conviction. In 1995 one of his most serious sexual allegations was rejected by a jury after barristers argued that it was a transparent fabrication.

The next witness was Andrew Teague. Teague said he had been beaten and sexually abused by one unnamed member of staff and that he had also been sexually abused by Howarth.

What the BBC did not tell us was that, although Teague had at one point agreed to appear as a witness at the North Wales Tribunal, he changed his mind at the last moment. The tribunal declined to use its powers to subpoena him. Counsel to the tribunal, however, did read out a statement which Teague had made to the North Wales police in 1992. In this statement he made allegations of physical abuse but clearly said: "I never experienced any sort of sexual abuse by the staff." His main allegation was of serious and repeated physical abuse by a care worker, Fred Rutter. It was later pointed out to the tribunal that Teague was at Bryn Estyn between 1977 and 1978. Rutter, however, did not start working there until 1982.

The next witness to appear was Andrew Treanor. He said that he had been abused at Ty'r Felin in Gwynedd, when a member of the care staff had punched him in the face.

What the BBC did not tell us was that in 1992 the North Wales police took a statement about a similar incident from a young woman who had been in care with Treanor. In her statement she recalled that Treanor had been arguing with a member of staff: "Following the argument Treanor came to join us by the steps to the loft. He had a bruise on his face from an earlier incident . . . We were talking about it and Andrew decided to start hitting himself on his face by this bruise to cause a more serious injury. He then said he would make a false allegation against the ex-army member of staff to get him dismissed. We all agreed to go along with his story, although we all knew Andrew had not been assaulted at all."

The next witness did not appear under his real name, and was filmed in shadow. He told of how, some ten years ago, he had been sexually abused by Stephen Norris, the officer in charge of Cartrefle children's home. His testimony was detailed and convincing. There is a wealth of evidence to indicate that the sexual abuse he described (and which he complained of at the time) did indeed happen. Norris, who had previously worked at Bryn Estyn, subsequently pleaded guilty to sexual offences against boys in his care and has served two prison sentences.

Partly because of Norris's conviction there can be no question at all that some sexual abuse and some physical abuse did take place in care homes in North Wales during the 1970s and 1980s. But equally, after all the evidence which has now emerged, there should be no doubt that a substantial number of false allegations have also been made. If the selection of witnesses who appeared on A Place of Safety is in any way representative, then the programme itself would seem to indicate that the proportion of false allegations may be startlingly high.

By far the most disturbing feature of the programme, however, was that the journalists who worked on it failed utterly to discharge the most basic duty of all journalists - the duty to investigate.

The real question raised by the programme is not whether every detail of the complaints made in it was true or false. It is whether the witnesses it featured should have been relied on by responsible journalists. At least five of the first seven witnesses who appeared had in the past made serious allegations of abuse that were demonstrably false. In some cases they had tried to uphold their allegations even when the details of their complaints had been shown to be impossible. Brian Roberts, for example, after having learnt that he could not have been abused by Peter Howarth, said that he had mistaken the identity of the staff member involved. The trouble, he said, was that "we never knew the staff directly by their names, it was either Sir or Miss". According to those who knew Bryn Estyn at the time, Roberts' account of an institution whose staff had no names bears no relationship to reality.

In most cases the amount of research needed to uncover the unreliability of the witnesses who appeared on A Place of Safety was minimal. In the cases of Roberts, Gregory and Teague, for example, all the BBC needed to do was consult the relevant portions of the transcript of the North Wales Tribunal. Yet even this piece of elementary journalistic research, which would have taken hours rather than days, appears to have been too much for them. The result was a programme that undoubtedly shocked many who saw it but which is actually far more shocking as an example of the low level to which some television journalism has fallen.

The low standards of this BBC programme are all the more worrying in view of the planned publication, later this year, of the report of the North Wales Tribunal. This report was referred to in the programme. Steven Messham, the man who claims he has been abused by more than 70 different people (and who also frequently appears on Channel 4 News), spoke of the promise made by Gerard Elias QC that the tribunal would "leave no stone unturned in its search for the truth". Messham went on to suggest that this was not so because the tribunal had failed to give proper consideration to the idea that a paedophile ring had organised a network of abuse in North Wales care homes.

What the BBC did not tell us was that other observers have criticised the tribunal from a quite different point of view. In particular they point out that, although considerable doubt surrounds the conviction of Peter Howarth, the tribunal has explicitly declined to consider this question. The tribunal says that it is bound by the doctrine of res judicata, which prevents it from investigating matters that have already been brought before the courts. This may well have been a legally correct decision. But the effect of the ruling is to prevent Howarth's barristers from challenging the soundness of his conviction.

In other words, one stone must remain unturned. And since the stone in question is nothing less than the foundation stone on which the entire North Wales story has been built, there are those who hold the view that the tribunal has not been able to conduct a proper inquiry at all.

The North Wales Tribunal has cost the taxpayer an estimated £15 million, but if this expenditure is unprecedented, so too is the difficulty of the task it faces. No amount of money can buy access to the truth and we must hope that the tribunal will not end by wholly or partly endorsing a received view of the story of North Wales that is fundamentally false.

But in view of the doubts that surround the story of North Wales - doubts that A Place of Safety, by its choice of witnesses, inadvertently illustrated - it is extremely important that the report, when it eventually appears, is thoroughly examined. For that to happen it is essential that the report is scrutinised by journalists who have themselves researched the story in depth, and whose appetite for sex, sensation and scurrility does not overpower their capacity to judge between what is true and what is false.

On this front, the only reassuring news to have emerged since the broadcast of A Place of Safety is that the tribunal report is now unlikely to appear until the summer. This gives journalists both in the BBC and in other media throughout Britain at least three more months to research the story thoroughly themselves. If we are to judge by the quality of journalism apparent in the BBC's A Place of Safety, they will need all this time and more.

Richard Webster is the author of "The Great Children's Home Panic" (Orwell Press, 1998). He is currently writing a book about North Wales

This article first appeared in the 19 February 1999 issue of the New Statesman, We are richer than you think

Jeremy Corbyn. Photo: Getty
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Lexit: the EU is a neoliberal project, so let's do something different when we leave it

Brexit affords the British left a historic opportunity for a decisive break with EU market liberalism.

The Brexit vote to leave the European Union has many parents, but "Lexit" – the argument for exiting the EU from the left – remains an orphan. A third of Labour voters backed Leave, but they did so without any significant leadership from the Labour Party. Left-of-centre votes proved decisive in determining the outcome of a referendum that was otherwise framed, shaped, and presented almost exclusively by the right. A proper left discussion of the issues has been, if not entirely absent, then decidedly marginal – part of a more general malaise when it comes to developing left alternatives that has begun to be corrected only recently, under Jeremy Corbyn and John McDonnell.

Ceding Brexit to the right was very nearly the most serious strategic mistake by the British left since the ‘70s. Under successive leaders Labour became so incorporated into the ideology of Europeanism as to preclude any clear-eyed critical analysis of the actually existing EU as a regulatory and trade regime pursuing deep economic integration. The same political journey that carried Labour into its technocratic embrace of the EU also resulted in the abandonment of any form of distinctive economics separate from the orthodoxies of market liberalism.

It’s been astounding to witness so many left-wingers, in meltdown over Brexit, resort to parroting liberal economics. Thus we hear that factor mobility isn’t about labour arbitrage, that public services aren’t under pressure, that we must prioritise foreign direct investment and trade. It’s little wonder Labour became so detached from its base. Such claims do not match the lived experience of ordinary people in regions of the country devastated by deindustrialisation and disinvestment.

Nor should concerns about wage stagnation and bargaining power be met with finger-wagging accusations of racism, as if the manner in which capitalism pits workers against each other hasn’t long been understood. Instead, we should be offering real solutions – including a willingness to rethink capital mobility and trade. This places us in direct conflict with the constitutionalised neoliberalism of the EU.

Only the political savvy of the leadership has enabled Labour to recover from its disastrous positioning post-referendum. Incredibly, what seemed an unbeatable electoral bloc around Theresa May has been deftly prized apart in the course of an extraordinary General Election campaign. To consolidate the political project they have initiated, Corbyn and McDonnell must now follow through with a truly radical economic programme. The place to look for inspiration is precisely the range of instruments and policy options discouraged or outright forbidden by the EU.

A neoliberal project

The fact that right-wing arguments for Leave predominated during the referendum says far more about today’s left than it does about the European Union. There has been a great deal of myth-making concerning the latter –much of it funded, directly or indirectly, by the EU itself.

From its inception, the EU has been a top-down project driven by political and administrative elites, "a protected sphere", in the judgment of the late Peter Mair, "in which policy-making can evade the constraints imposed by representative democracy". To complain about the EU’s "democratic deficit" is to have misunderstood its purpose. The main thrust of European economic policy has been to extend and deepen the market through liberalisation, privatisation, and flexiblisation, subordinating employment and social protection to goals of low inflation, debt reduction, and increased competitiveness.

Prospects for Keynesian reflationary policies, or even for pan-European economic planning – never great – soon gave way to more Hayekian conceptions. Hayek’s original insight, in The Economic Conditions of Interstate Federalism, was that free movement of capital, goods, and labour – a "single market" – among a federation of nations would severely and necessarily restrict the economic policy space available to individual members. Pro-European socialists, whose aim had been to acquire new supranational options for the regulation of capital, found themselves surrendering the tools they already possessed at home. The national road to socialism, or even to social democracy, was closed.

The direction of travel has been singular and unrelenting. To take one example, workers’ rights – a supposed EU strength – are steadily being eroded, as can be seen in landmark judgments by the European Court of Justice (ECJ) in the Viking and Laval cases, among others. In both instances, workers attempting to strike in protest at plans to replace workers from one EU country with lower-wage workers from another, were told their right to strike could not infringe upon the "four freedoms" – free movement of capital, labour, goods, and services – established by the treaties.

More broadly, on trade, financial regulation, state aid, government purchasing, public service delivery, and more, any attempt to create a different kind of economy from inside the EU has largely been forestalled by competition policy or single market regulation.

A new political economy

Given that the UK will soon be escaping the EU, what opportunities might this afford? Three policy directions immediately stand out: public ownership, industrial strategy, and procurement. In each case, EU regulation previously stood in the way of promising left strategies. In each case, the political and economic returns from bold departures from neoliberal orthodoxy after Brexit could be substantial.

While not banned outright by EU law, public ownership is severely discouraged and disadvantaged by it. ECJ interpretation of Article 106 of the Treaty on the Functioning of the European Union (TFEU) has steadily eroded public ownership options. "The ECJ", argues law professor Danny Nicol, "appears to have constructed a one-way street in favour of private-sector provision: nationalised services are prima facie suspect and must be analysed for their necessity". Sure enough, the EU has been a significant driver of privatisation, functioning like a ratchet. It’s much easier for a member state to pursue the liberalisation of sectors than to secure their (re)nationalisation. Article 59 (TFEU) specifically allows the European Council and Parliament to liberalise services. Since the ‘80s, there have been single market programmes in energy, transport, postal services, telecommunications, education, and health.

Britain has long been an extreme outlier on privatisation, responsible for 40 per cent of the total assets privatised across the OECD between 1980 and 1996. Today, however, increasing inequality, poverty, environmental degradation and the general sense of an impoverished public sphere are leading to growing calls for renewed public ownership (albeit in new, more democratic forms). Soon to be free of EU constraints, it’s time to explore an expanded and fundamentally reimagined UK public sector.

Next, Britain’s industrial production has been virtually flat since the late 1990s, with a yawning trade deficit in industrial goods. Any serious industrial strategy to address the structural weaknesses of UK manufacturing will rely on "state aid" – the nurturing of a next generation of companies through grants, interest and tax relief, guarantees, government holdings, and the provision of goods and services on a preferential basis.

Article 107 TFEU allows for state aid only if it is compatible with the internal market and does not distort competition, laying out the specific circumstances in which it could be lawful. Whether or not state aid meets these criteria is at the sole discretion of the Commission – and courts in member states are obligated to enforce the commission’s decisions. The Commission has adopted an approach that considers, among other things, the existence of market failure, the effectiveness of other options, and the impact on the market and competition, thereby allowing state aid only in exceptional circumstances.

For many parts of the UK, the challenges of industrial decline remain starkly present – entire communities are thrown on the scrap heap, with all the associated capital and carbon costs and wasted lives. It’s high time the left returned to the possibilities inherent in a proactive industrial strategy. A true community-sustaining industrial strategy would consist of the deliberate direction of capital to sectors, localities, and regions, so as to balance out market trends and prevent communities from falling into decay, while also ensuring the investment in research and development necessary to maintain a highly productive economy. Policy, in this vision, would function to re-deploy infrastructure, production facilities, and workers left unemployed because of a shutdown or increased automation.

In some cases, this might mean assistance to workers or localities to buy up facilities and keep them running under worker or community ownership. In other cases it might involve re-training workers for new skills and re-fitting facilities. A regional approach might help launch new enterprises that would eventually be spun off as worker or local community-owned firms, supporting the development of strong and vibrant network economies, perhaps on the basis of a Green New Deal. All of this will be possible post-Brexit, under a Corbyn government.

Lastly, there is procurement. Under EU law, explicitly linking public procurement to local entities or social needs is difficult. The ECJ has ruled that, even if there is no specific legislation, procurement activity must "comply with the fundamental rules of the Treaty, in particular the principle of non-discrimination on grounds of nationality". This means that all procurement contracts must be open to all bidders across the EU, and public authorities must advertise contracts widely in other EU countries. In 2004, the European Parliament and Council issued two directives establishing the criteria governing such contracts: "lowest price only" and "most economically advantageous tender".

Unleashed from EU constraints, there are major opportunities for targeting large-scale public procurement to rebuild and transform communities, cities, and regions. The vision behind the celebrated Preston Model of community wealth building – inspired by the work of our own organisation, The Democracy Collaborative, in Cleveland, Ohio – leverages public procurement and the stabilising power of place-based anchor institutions (governments, hospitals, universities) to support rooted, participatory, democratic local economies built around multipliers. In this way, public funds can be made to do "double duty"; anchoring jobs and building community wealth, reversing long-term economic decline. This suggests the viability of a very different economic approach and potential for a winning political coalition, building support for a new socialist economics from the ground up.

With the prospect of a Corbyn government now tantalisingly close, it’s imperative that Labour reconciles its policy objectives in the Brexit negotiations with its plans for a radical economic transformation and redistribution of power and wealth. Only by pursuing strategies capable of re-establishing broad control over the national economy can Labour hope to manage the coming period of pain and dislocation following Brexit. Based on new institutions and approaches and the centrality of ownership and control, democracy, and participation, we should be busy assembling the tools and strategies that will allow departure from the EU to open up new political-economic horizons in Britain and bring about the profound transformation the country so desperately wants and needs.

Joe Guinan is executive director of the Next System Project at The Democracy Collaborative. Thomas M. Hanna is research director at The Democracy Collaborative.

This is an extract from a longer essay which appears in the inaugural edition of the IPPR Progressive Review.

 

 

This article first appeared in the 19 February 1999 issue of the New Statesman, We are richer than you think