IICSA Inquiry Children Outside the United Kingdom Investigation 11 February 2019 (+44)207 4041400 [email protected] L
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IICSA Inquiry Children Outside the United Kingdom Investigation 11 February 2019 1 Monday, 11 February 2019 1 the statutory disclosure and barring regime by 2 (10.00 am) 2 organisations recruiting individuals to work abroad. 3 Welcome and opening remarks by THE CHAIR 3 This hearing is part of a full timetable of 4 THE CHAIR: Good morning, everyone. I am Alexis Jay and I'm 4 substantive hearings in a number of the inquiry's 5 the chair of the Independent Inquiry into Child Sexual 5 investigations. The scope of this investigation has 6 Abuse. Sitting with me are the other members of 6 been published on the inquiry's website. 7 the panel: Professor Sir Malcolm Evans, Ivor Frank and 7 As part of this investigation, the inquiry has 8 Drusilla Sharpling. 8 received and reviewed evidence relating to sexual abuse 9 On behalf of the inquiry, I welcome you all to the 9 perpetrated overseas and institutional responses to it. 10 first day of the second substantive hearing in the 10 You will hear more detail on the evidence shortly from 11 Children Outside the United Kingdom Investigation, and 11 counsel. 12 this hearing, as you know, will run for five days, 12 Before we hear from counsel, a couple of points on 13 finishing on Friday, 15 February. 13 the timing of the schedule this week. We will sit each 14 As you know, the task of the chair and panel of 14 day from 10.00 am. Ordinarily, we will take a 15-minute 15 the inquiry is to investigate the extent to which 15 break at around 11.45 am. We will break for lunch at 16 institutions and organisations based in England and 16 1.00 pm, returning at 2.00 pm, and we intend to sit each 17 Wales have taken seriously their responsibilities to 17 day until around 4.15 pm. 18 protect children outside of the United Kingdom from 18 By way of an agenda, we rely on the hearing 19 sexual abuse. In this phase, we will consider, firstly, 19 timetable which sets out the order in which witnesses 20 the use of Civil Orders to prevent and notify foreign 20 will be called. The hearing transcript will be 21 authorities of foreign travel by individuals known to 21 published on the inquiry's website shortly after the 22 the UK authorities as posing a risk; secondly, the use 22 completion of the hearing, and any directions arising 23 of section 72 of the Sexual Offences Act 2003, which 23 from the day's hearing will also be published on the 24 creates extra-territorial jurisdiction in respect of 24 website. 25 child sex offences; and, thirdly, the operation of 25 There are anonymity arrangements in place for Page 1 Page 2 1 witnesses. Ciphering and redactions have also been used 1 posing a risk to children via the making of various 2 in relation to the evidence in accordance with the 2 Civil Orders. 3 inquiry's redaction protocol and restriction order, both 3 Second, the use of Sexual Offences Act 2003, 4 of which are available on the website. If there is any 4 section 72, which creates an extra-territorial 5 inadvertent breach of the restriction order, I will ask 5 jurisdiction in respect of child sexual abuse. 6 that the simultaneous recording be stopped briefly so 6 And, three, the operation of the statutory 7 that the issue can be addressed as appropriate. 7 disclosure and barring regime by organisations 8 I now invite the lead counsel to the inquiry for the 8 recruiting individuals to work abroad. As will become 9 children outside the United Kingdom investigation, 9 apparent, chair, the domestic statutory disclosure and 10 Ms Henrietta Hill QC, to address us. Please go ahead, 10 barring regime has limited application to individuals 11 Ms Hill. 11 working abroad and so this issue will be looked at more 12 Opening statement by MS HILL 12 widely to include the newer international child 13 MS HILL: Good morning, chair and panel. I appear today 13 protection certificate. 14 with Julia Faure Walker and Antonia Benfield of counsel 14 Chair, there are seven core participants in this 15 instructed by the inquiry's legal team. As you have 15 phase and I propose to introduce them and their counsel 16 indicated, chair, this is the second public hearing in 16 to you now. 17 the Children Outside the UK Investigation which is 17 First, we have Every Child Protected Against 18 investigating the extent to which institutions and 18 Trafficking UK, ECPAT UK, represented to my right by 19 organisations based in England and Wales have taken 19 Caoilfhionn Gallagher QC and Keina Yoshida. ECPAT is 20 seriously their responsibilities to protect children 20 a children's rights organisation which played an 21 outside the UK from sexual abuse. 21 important role in lobbying for legislative changes to 22 As you have indicated, chair, this phase will focus 22 allow for the prosecution of British nationals for 23 on three broad issues. Firstly, the civil law framework 23 abusing children abroad under what is now section 72 and 24 for preventing and notifying foreign authorities of 24 they continue to be active in campaigning for its 25 travel by individuals known to the UK authorities as 25 effective use. ECPAT UK has close links with Page 3 Page 4 1 (Pages 1 to 4) Epiq Europe Ltd www.epiqglobal.com Lower Ground, 18-22 Furnival Street (+44)207 4041400 [email protected] London EC4A 1JS IICSA Inquiry Children Outside the United Kingdom Investigation 11 February 2019 1 organisations working on the ground to support child 1 The British Council, represented by 2 victims of British sex offenders and it has expertise on 2 Ms Weereratne QC, to my right, is the UK's international 3 matters relating to British nationals offending abroad, 3 organisation for cultural relations and educational 4 having published several research papers on the topic. 4 opportunities, employing a large number of staff in 5 Secondly, Child Redress International, CRI, also 5 countries around the world. It has received reports of 6 related by Ms Gallagher and Ms Yoshida. CRI is an 6 child abuse relating to staff overseas and has special 7 organisation which works with child victims who have 7 knowledge of the Civil Orders regime and the disclosure 8 been abused recently or contemporaneously by 8 and barring regime, given the number of appointments it 9 transnational sex offenders with a focus in South-East 9 handles. 10 Asia. It works with a large number of well-regarded 10 The National Police Chiefs' Council, represented by 11 front-line local organisations seeking to address the 11 Mr Morley, who is behind me to my right, is the 12 sexual exploitation of children in countries such as 12 organisation that represents the interests of 43 police 13 Cambodia, Vietnam, the Philippines and Thailand. 13 forces in England and Wales and those police forces, 14 The National Crime Agency, or the NCA, is 14 chair, play an important part in the management of 15 represented by Mr Sheldon, who sits behind me. The NCA 15 registered sex offenders in England and Wales and 16 is the national lead for reducing the threat from 16 abroad, including the use and monitoring of 17 transnational child sex offenders, or, as you will hear, 17 Civil Orders. 18 chair, TCSOs. It hosts the Child Exploitation and 18 Finally, chair, the Crown Prosecution Service, 19 Online Protection Centre and the UK International Crime 19 represented by Ms Johnson QC, who sits to my right, is 20 Bureau. The NCA's work routinely relates to the use of 20 the principal prosecuting authority responsible for 21 Civil Orders and section 72. 21 prosecuting criminal cases investigated by police in 22 The Home Office, represented by Mr Griffin QC, who 22 England and Wales, and so has a specific interest in the 23 sits behind me, is the government department with policy 23 use of section 72 and in prosecutions for breaches of 24 responsibility for both Civil Orders and the statutory 24 Civil Orders. 25 disclosure and barring regime. 25 CPS prosecutors also apply for the Civil Orders on Page 5 Page 6 1 conviction. 1 this regime take account of sexual abuse of children 2 Chair, turning then to the broad issues for this 2 overseas? To what extent does that regime, or another 3 phase, which were set out at the last preliminary 3 regime, operate in respect of organisations based in 4 hearing, they are set out for you in numerical order and 4 England and Wales which recruits and sends workers or 5 the core participants are aware of these issues. 5 volunteers who have contact with children overseas? 6 Under the heading Civil Orders, we hope to explore 6 Again, does this regime offer effective protection from 7 the following: in what circumstances can the 7 sexual abuse of children and, if not, how might the 8 Civil Orders under consideration be made? What do they 8 regime be improved? Of course, overall, chair, you will 9 seek to achieve? How often have they been used? What 9 be concerned with whether any recommendations are 10 is the practical impact of these orders on known 10 considered appropriate. 11 offenders when they are made? And a key issue, chair, 11 I turn now to some wider context and background, 12 is, does this regime offer effective protection from 12 chair.