`Stalker

Sir Philip Myers has told me that, after discussions with Sir John Hermon, it has been agreed that the vice-chairman of the (GB) Police Complaints Authority should issue the following statement later today:

“The inquiry which Mr Sampson is currently conducting is a matter

which rests with the Chief Constable of Manchester and his Police Authority and at this stage relates solely to the Greater Manchester Police”

Sir Philip attached importance to the words “currently” and “at this stage” being retained in any repetition of this statement.'

`From the many questions put to me I suspect that `Panorama' are trying to substantiate allegations that Mr Stalker's suspension was the result of some `sinister' goings-on and was an effort to discredit his report.'

`Line to take (Investigation of allegations against Stalker)

The Greater Manchester Police Authority have appointed the Chief Constable of West Yorkshire to investigate allegations which have been made concerning the Deputy Chief Constable's conduct. His investigation will be supervised by one of the deputy chairmen of the Police Complaints Authority. It would not be right for me to comment on this case or its implications while it is under investigation.

Background note

Last night's Panorama programme did nothing to discourage the suggestion made by some MPs, notably Mr Seamus Mallon (and treated at length in yesterday's “Guardian”) that Mr Stalker has somehow been taken out of circulation to prevent him from completing his enquiry on the RUC. At the end of the programme the presenter said that there would be a meeting of the Intergovernmental Conference in Belfast today, and that no doubt Stalker would feature in discussions.'

Background note

`No conclusions may be drawn about the allegations against Mr Stalker (which, despite press speculation, we understand did not originate in Northern Ireland) or their implications for other matters until they have been fully investigated. They have been put to Mr Stalker and it is open to him to make a personal statement on them either to the Police Authority or to the investigating officer, Mr Sampson. He has elected not to do so at the present time.'

`They felt that the press were making use of the allegations against Stalker's Manchester conduct, which had no connection with the RUC, further to pillory the RUC.'

`You may have seen, from the attached article in today's “Irish Times” that Mr Barry denied yesterday in the Dail that he had been misled about the status of the Stalker report and added that the speculation about either the outcome of the report or the circumstances surrounding Mr Stalker's removal were undesirable.

Our Objective

To convince the Taoiseach that the allegations against the RUC being investigated by Mr Stalker will, despite his removal, be prosecuted with vigour; and that public comment by Irish Ministers is damaging'

Arguments

It is unfortunate that's allegations against Mr Stalker in Greater Manchester have led to his removal just as his inquiries in Northern Ireland were nearing their conclusion. These allegations will be fully and fairly investigated, and any possible breaches in the Police Disciplinary Code investigated in accordance with our statutory procedures.

Background

On 6 June it was announced that the Chief Constable of the RUC invited Mr Sampson to take Mr Stalker's place as head of the enquiry….

Mr Barry has also acted to lower the temperature: in answer to a PNQ from Mr Haughey in the Dail on Tuesday, Mr Barry said he was satisfied the confusion last week about the status of the report was the result of `genuine misunderstanding', and that speculation about both the report and Stalker's removal was undesirable.'

Arguments

It is unfortunate that the allegations against Mr Stalker in Greater Manchester have led to his removal just as his inquiries in Northern Ireland were nearing their conclusion. These allegations will be fully and fairly investigated, and any possible breaches in the Police Disciplinary Code investigated in accordance with our statutory procedures.

I have not seen the report, nor has Tom King. But I understand that Mr Stalker submitted an interim report to the Chief Constable. Despite it's status, it was a substantial piece of work. Stalker's removal will neither invalidate nor impede his investigation. The team will remain as it had been when under Stalker's leadership and the investigations will be completed soon.'

“I have today had a conversation with Sir Brian Cubbon and Sir Lawrence Byford (Chief HMI at the Home Office) in which we discussed the need for some further statement to clear the air on this case, to support Mr Sampson in his inquiries and to distance the Manchester and Northern Ireland dimensions of the affair. The Home Office are much concerned about the present parliamentary criticism that Stalker is being unfairly treated. I took the line that it would be difficult to make a substantive statement at this time and that, in view of the Attorney General's reluctance to become involved (which I have confirmed this afternoon) it was difficult to see who could make such a statement. I thought yesterday's remarks by the Chairman of the Police Complaints Authority might help, but thought that some sort of action would have more impact. I asked whether Stalker was going to be suspended and, if so, when. I was told that it was now expected that the Manchester Police Authority would suspend him on Monday. I think this should go some way to indicated that the charges against him are serious and had not simply been trumped up to get him removed from the RUC inquiry.

I was told that Sampson would be in Northern Ireland on Tuesday and Wednesday next week to see both the DPP and the Chief Constable. He has now completed his study of the file on the Stalker Report and has satisfied himself that the rest of the team are not in any way affected by the allegations against Stalker.”

`The Chief Constable had never refused to see Stalker, except on one occasion when the Manchester allegations had become known and Sir Philip Myers had asked Stalker to postpone a visit.

They felt that the press were making use of the allegations against Stalker's Manchester conduct, which had no connection with the RUC.

Given these leaks and the serious nature of some of the allegations against Stalker, it was difficult to see how his team could continue the RUC investigation.'

`In the Hansard record of the debate (19 June, cols 1265-1266) you will see that I raised the following questions:

Why was Mr Stalker's removal from the Northern Ireland inquiry

announced before the allegations against him had been investigated?

Would it not have been wiser to suspend the inquiry until the allegations had been investigated?

How much of the inquiry had been investigated under Mr Stalker's direction, how much remained to be carried out and when will you be in a position to make an announcement?

Nick Scott agreed, in the House, that the report should be carried through to a conclusion as quickly as possible. This I urge, but it raises further questions. What progress has Mr Sampson been able to make towards the completion of the Northern Ireland inquiry since the announcement that he would be taking it over from Mr Stalker? Is the possibility of his making progress not constrained by his having to put as much time as possible into the investigation of allegations against Mr Stalker? Was it not unwise to appoint Mr Sampson to both urgent investigations for this reason, as well as for the same reason that his involvement in both might be seen by the public as involving a potential conflict of interest?

Whose decision was it that Mr Sampson should be invited to take over the Northern Ireland inquiry, and was it taken in isolation from the decision that he should be asked to lead the investigation into allegations against Mr Stalker? Since there has been some conjecture as to who, if anyone, was consulted, may I ask if you were consulted on this aspect of the matter?'

`Key Points

Speculation and about the allegations against Mr Stalker are highly damaging

Speculation … about Mr Stalker's personal conduct continues. A letter was issued by the Home Secretary to Cecil Franks on 24 June which reported that the allegations about Stalker had been drawn to the attention of the Greater Manchester Police Authority by a Chief Constable James Anderton. The Police Authority appointed Mr Sampson, Chief Constable of West Yorkshire to investigate these allegations. At the same time the Police Authority referred the matter to the Independent Police Complaints Authority, who have appointed one of their Deputy Chairmen the Rt Hon Roland Moyle (a former NIO Minister) to supervise the investigation.

On 24 June, in response to a PNQ from Mr Haughey, Mr Barry denied that there had been any attempt to mislead the Irish over the status of the Report, and emphasised that the speculation over both the contents of Mr Stalker's report and the allegations against him were unhelpful.

What happened to the inquiry? (the Stalker Inquiry)

“We understand that Mr Stalker submitted an interim report to the Chief Constable of the RUC on 18 September 1985 and that it was sent to the DPP(NI) on the 13 February 1986. On 4 March 1986, the Director directed that further investigations be undertaken. On 6 June, it was announced that Mr Sampson had been invited to replace Mr Stalker as the leader of the inquiry.”

Why isn't Mr Stalker carrying out these further investigations?

“Following allegations which had been made concerning Mr Stalker's conduct in Greater Manchester [see below], he was and taken off the RUC inquiry and later suspended from duty. After Her Majesty's Chief Inspector of Constabulary and the Attorney General had been consulted, the Chief Constable of the RUC invited Mr Colin Sampson, Chief Constable of West Yorkshire to take Mr Stalker's place as the head of the team.”

What happened to Mr Stalker?

“The Greater Manchester Police Authority had drawn to their attention by the Chief Constable, Mr James Anderton, allegations which had been made concerning Mr Stalker's conduct. The Police Authority appointed the Chief Constable of West Yorkshire, Mr Sampson, to investigate these allegations. At the same time, the Police Authority referred the matter to the independent Police Complaints Authority, who appointed one of their Deputy Chairmen, the Rt Hon Roland Moyle, to supervise the investigation. When the investigation is complete the report will be forwarded to the Police Complaints Authority, who will be required to indicate whether it has been conducted to their satisfaction. Mr Sampson's report will be sent to the Greater Manchester Police Authority, at the same time it goes to the Police Complaints Authority. Decisions on later action will take place within the procedures laid down by the statute”

Background

When Mr Stalker was given enforced leave of absence last month responsibility for continuing his investigation was given to Mr Colin Sampson, Chief Constable of West Yorkshire. Mr Sampson is also investigation the allegations against Mr Stalker. Announcing Mr Sampson's appointment Sir John Hermon said: -

“In view of the leave of absence of Deputy Chief Constable Stalker the same inquiry team, consisting of the same officers, is now, after consultation with Her Majesty's Inspector of Constabulary, and on his recommendation be headed by the Chief Constable of West Yorkshire Mr Colin Sampson, whom I have asked to do so and will report to me. I am anxious that this extended investigation be completed quickly and professionally so that I may receive the directions of the DPP”

Comment

This is a complex affair. Their have been some who have suggested that Mr Stalker was the victim of an RUC plot aimed at preventing him from getting at the truth and that the RUC had deliberately obstructed his investigation. Attention has also been drawn to the fact that Mr Sampson has been appointed both to carry out the investigation into alleged activities of Mr Stalker, and to continue the “RUC” inquiry which Mr Stalker began.

We can say little about that: the Chief Constable of the RUC consulted Her Majesty's Inspector of Constabulary before Mr Stalker was appointed, HMICI was consulted before Mr Sampson was appointed to continue the enquiry, and we understand that he in turn consulted the Attorney General'.

`As you know, Stalker submitted to the Chief Constable of the RUC last autumn an “interim” report on his investigation, which in due course went to the DPP who directed that further inquiries should be made, which are now being completed by Colin Sampson. Following the submission of the report there have been numerous leaks to the media and these have increased since the investigation into Stalker's own conduct, which has raised the suggestion of scandal and given rise to allegations that he was removed from the RUC inquiry to prevent him from delving too deeply into matters which might cause embarrassment'

`There is no evidence to connect the investigation into Stalker with those by Stalker.'

`Line to take

In particular, it was not an NIO decision that the RUC inquiry should be taken over by Mr Sampson when the inquiry into Mr Stalker was instituted. Obviously, however, a contrary decision - ie that the RUC inquiry should be placed in abeyance until the Manchester Inquiry had been disposed of - would have substantially delayed the RUC inquiry, which would scarcely have been helpful. (It is also worth remembering that, in any event, if at any stage of the RUC inquiry it was thought necessary to address questions to the Chief Constable himself, then this would automatically necessitate bringing in a Chief Constable to head the inquiry, since it is clearly laid down in regulations that a Chief Constable may only be questioned by an officer of the same rank.)

There is not a scrap of evidence to support the allegations that the inquiry into Mr Stalker's conduct was inspired or engineered from Northern Ireland in order to get him taken off the RUC inquiry. I think it is by now generally accepted that there was no such connection. Similarly, there is no reason to suppose that Mr Sampson is not pursuing the RUC inquiry with the utmost thoroughness and persistence. (Recall that the suspension of two RUC Superintendents from duty occurred after Mr Sampson took over the inquiry.) Recent claims in the press that the original inquiry team is being neutered are frankly nonsense; the purpose of adding an Assistant Chief Constable is to strengthen the team, not weaken it, and references to demotion are tendentious ….

Background

Mr Stalker submitted an interim (though voluminous) report to Sir John Hermon on 18 September 1985; Sir John in turn submitted it to the DPP for Northern Ireland on 13 February 1986. On 4 March, the DPP directed that further investigations should be undertaken. This task was to have been completed by the same team of detectives Mr Stalker, but was overtaken by Mr Stalker's enforced leave and subsequent suspension from duty while allegations about his personal conduct in Manchester were being investigated. Rather than leave the RUC investigation in abeyance, it was decided it should be completed by the same but under a different leadership. After consulting the Attorney General and HM Chief Inspector of Constabulary, Sir John Hermon appointed Mr Colin Sampson, the Chief Constable of West Yorkshire - who was already leading the Manchester inquiry as well. This remains the position now that the Manchester inquiry has been completed and the Manchester Police Authority has decided - against Mr Sampson's recommendation - not to refer the allegations against Mr Stalker to a disciplinary tribunal but to reinstate him as Deputy Chief Constable ….

Latterly the speculation has centred on claims that the charges against Mr Stalker which led to the Manchester inquiry were inspired from Northern Ireland in order to secure his removal from the RUC inquiry. Certainly it would appear that, by the time the interim report had been completed, relations between Mr Stalker and the senior levels of the RUC were decidedly strained - the former apparently believing that he was being obstructed and the latter apparently having concluded that, while demonstrating his skill and experience as a detective, Mr Stalker had also become emotionally over-involved in the inquiry in a way which at best was naïve. However, there is no objective evidence whatever for believing that the RUC engineered the allegations against him - as has now been acknowledged not only by Mr Sampson but also by the Chairmen of the Manchester Police Authority and by the BBC's special Panorama programme.'

`My own recent experience in the separate Sampson investigation in Manchester has shown clearly the difficulties which can arise if Press speculation and rumour can run unchecked by any authoritative Ministerial statement, such as I was debarred from making by my potential appellate role. I am now calling for reports on that from all concerned, so that I can consider how future allegations against senior police officers can be better handled in future. I am glad, therefore, that Tom has raised at this stage the question of what he will need to say, and when.'

Cover note

`I have agreed with the Home Office that we should submit separately our briefing on those aspects of Stalker/Sampson for which we are separately responsible. After all, although I would not go to the stake for it, it is our contention that there is no connection between the allegations against Mr Stalker and the events in Northern Ireland'

Key point to make

`Avoid a categorical denial of any links between Mr Stalker's investigation in Northern Ireland and the allegations against Mr Stalker in Greater Manchester'

Background note

`At the end of May 1986, shortly before Mr Stalker was due to resume his inquiries in Northern Ireland, allegations about his personal conduct in Manchester were drawn to the attention of the Greater Manchester Police Authority by the Chief Constable, Mr James Anderton. Mr Stalker was suspended from duty.

The NI inquiry resumed with the same team of detectives from the Manchester Force, but the Chief Constable of the RUC, after consultation with, and on the recommendation of the HM Inspectorate of Constabulary, asked Mr Colin Sampson, the Chief Constable of West Yorkshire, to take over the leadership of the team. (He was also asked to investigate the allegations about Mr Stalker's personal conduct. After seeing Mr Sampson's report about Mr Stalker, however, the Greater Manchester Police Authority voted overwhelmingly to reinstate Mr Stalker on 22 August this year.)

Mr Sampson's inquiries in Northern Ireland have been conducted amidst mounting and highly circumstantial allegations about RUC malpractice, and the alleged “framing” of Mr Stalker. It has also been claimed that one of Mr Sampson's informers in his investigation of Mr Stalker had also worked for the RUC but this has been denied by the Force. (This is why a categorical denial of any connection between the allegations against Mr Stalker and events in Northern Ireland is undesirable.)'

`Mr Sampson's responsibility for both inquiries gave him the best available opportunity to detect any links between them. He has stated clearly that he found no evidence that officers of the RUC had been responsible for the instigation of allegations against Mr Stalker. I have looked carefully into the points which you understandably raised with me.'

`I fully share your concern about the rumours and speculation in this case. As soon as the Greater Manchester Police Authority reached it's decision not to institute disciplinary proceedings against Mr Stalker but to advise him to be more circumspect in his political and criminal associations I called for reports from those principally concerned, so that I could be fully aware of all aspects of the case from the time of the initial allegations. Not all those whom I asked have yet submitted their considered views: I am still awaiting the views of the Greater Manchester Police Authority itself and the Association of Chief Police Officers. It is, however, clear from the material available to me, as from that which is publicly available, that the allegation that the enquiry into the possibility of misconduct by Mr Stalker was stimulated for improper reasons relates to Northern Ireland. The suggestion is that the allegations against Mr Stalker were instigated with the aim of discrediting him, and thus frustrating the inquiry which he was conducting into allegations of misconduct by the RUC.

Mr Sampson's responsibility for both inquiries gave him the best available opportunity to detect any links between them. He has stated clearly that he found no evidence that officers of the RUC had been responsible for the instigation of allegations against Mr Stalker.'

`Background Note

The Secretary of State will be aware that since Mr Sampson took over the leadership of the inquiry in June, there have been circumstantial allegations about RUC malpractice and the alleged framing of Stalker.

It has for example, been claimed - and denied by the RUC - that one of Mr Sampson's informants in his investigation of Mr Stalker had also worked for the RUC.'

`As far as I recall, the only time I got involved at first-hand was when Mr Angel of the Home Office telephoned me to inform me of Mr Stalker's imminent suspension, news which, I believe, PUS had already received but which I reported in a widely copied note of 29 May 1986'.

`The allegation that Stalker's removal from the enquiry was engineered was repeated'

`In a recent book by the journalist Peter Taylor he acknowledged that he found no evidence to connect Mr Stalker s removal with anyone in Northern Ireland.'

`John Stalker continues to influence events in Northern Ireland. In the wake of his resignation allegations have been resurrected of a connection between his suspension and his investigation into the RUC'.

`A fair amount of mud was thrown when Mr Stalker was suspended from duty last May and more is being thrown by Fred Holroyd and Colin Wallace which is pointing towards the so called “dirty war” allegedly uncovered by Stalker last year'

`We have however stressed the fact that no evidence has been found to link Mr Stalker's removal from the events in Northern Ireland - and indeed this now seems more likely to have been a result of badly handled stresses within Greater Manchester Police.'

`His removal was due to events on the mainland; no evidence has been found of any connection between the allegations against him and events in NI.

Mr Sampson's inquiries in Northern Ireland have been conducted amidst mounting and highly circumstantial allegations about RUC malpractice, and the alleged “framing” of Mr Stalker. (It has, for example, been claimed - and denied by the RUC - that one of Mr Sampson's informants in his investigation of Mr Stalker had also worked for the RUC).