Historic Allegations against Veterans

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Tuesday 15th May 2018

(6 years, 7 months ago)

Westminster Hall
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Lord Lancaster of Kimbolton Portrait The Minister for the Armed Forces (Mark Lancaster)
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It is a pleasure to serve under your chairmanship, Mr Streeter. I congratulate my hon. Friend the Member for North West Norfolk (Sir Henry Bellingham) on securing the debate. I had the opportunity as recently as January to make a speech on this matter. That another debate has been secured so soon speaks volumes about the commitment of the House to the welfare of both serving and former members of our armed forces. I declare my interest as a serving member of the Army Reserve.

I am troubled that my hon. Friend the Member for Beckenham (Bob Stewart) feels that the Government are simply not interested in our veterans. He is probably right that there is no serving Cabinet Minister who has seen operational service—there is, of course, one who serves in the Royal Naval Reserve. Although my own very modest experiences in Bosnia, Kosovo and Afghanistan pale into insignificance compared with those of many who served in Northern Ireland and elsewhere, several Ministers have served. I assure my hon. Friend that many of us in Government have our veterans’ interests at the forefront of our minds and are determined to do what we can to support them. I will move on in a moment to underline some of the things that the MOD is doing to support our veterans.

I am second to none in my admiration for our armed forces. They do an exceptionally difficult job in the most challenging circumstances, and we rightly hold them to the highest standards. However, although the overwhelming majority of service personnel conduct themselves professionally and in accordance with legal obligations, a few do not. In such circumstances, domestic and international law requires us to investigate serious allegations, and it is right that we do. We live in a democracy that values the rule of law, and no one, including those in the armed forces, should be above the law. However, let me be clear that that does not mean we should accept lengthy investigations and reinvestigations many years after the event.

Let me turn first to Northern Ireland. It is due only to the courageous efforts of our security forces that we have the relative peace and stability that Northern Ireland enjoys today. The Government are sincere and unstinting in their gratitude to all those who served throughout the long years of the troubles, many hundreds of whom paid a very high price for doing so. We will always salute the heroism and courage they displayed in upholding democracy and the rule of law in Northern Ireland, and we will not tolerate the rewriting of Northern Ireland’s history by those who wish to legitimise the actions of terrorists who sought to kill and destroy.

Historical investigations in Northern Ireland currently involve numerous inquests and investigations into the small minority of deaths attributed to the state. Meanwhile, many terrorist murders go uninvestigated. All those involved, not least the victims and survivors of terrorism, along with former members of the security services, deserve a better approach than the current flawed system, which is not working well for anyone. The Government are committed to putting this unacceptable situation right.

The Government believe that the institutions proposed in the 2014 Stormont House agreement are the best way to ensure a fair, balanced and, crucially, proportionate approach to addressing the legacy of the past in Northern Ireland. On Friday the Government published a consultation and draft Bill that set out in detail how the Stormont House agreement institutions could be implemented.

The key institution in the context of today’s debate is the proposed historic investigations unit, or HIU. The HIU would be responsible for completing outstanding investigations into troubles-related deaths within five years. Critically, that would include around 700 murders by terrorists that are not currently being investigated. In addition, the HIU would be required to act in a manner that is fair, impartial, proportionate, effective, efficient and designed to secure public confidence.

Sheryll Murray Portrait Mrs Murray
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Can the Minister explain to me how this new unit will prevent my constituent, Dennis Hutchings, from being prosecuted, because I do not think that it will?

Lord Lancaster of Kimbolton Portrait Mark Lancaster
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My hon. Friend is aware that that is an ongoing process. She and I met, at her request, the last time we had such a debate to discuss her constituent in detail, and the ongoing support that he is receiving from the Ministry of Defence.

In delivering our manifesto commitment to consult on how the Stormont House agreement could be implemented, the Government are clear that they will not take forward any measure that could have the effect of targeting, discriminating against or otherwise putting at a disadvantage our veterans. As part of that commitment, the Defence Secretary has asked the Defence Committee to play a role in scrutinising the detail that has been proposed. In particular, he has asked the Committee for its views on whether what has been put forward will meet the Government’s aim that any future investigations will be conducted in a way that is balanced, proportionate, transparent, fair and equitable, with no prospect that veterans will be targeted or discriminated against.

Emma Little Pengelly Portrait Emma Little Pengelly
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Is the Minister aware that the issue emerged in parallel with and subsequent to the Stormont House agreement through a decision by the chief constable to refer all state-related deaths to the case load of PSNI’s legacy unit, ergo it will go into the historical investigations unit? This is a new and emerging issue since the discussions on the Stormont House agreement.

Lord Lancaster of Kimbolton Portrait Mark Lancaster
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Of course, there are a number of emerging issues, and this is proving to be one of the difficulties in trying to get consensus on how we move forward. Members will also be aware of last year’s Defence Committee report recommending that a statute of limitations covering all troubles-related deaths involving the armed forces should be established, alongside a non-criminal mechanism for ascertaining the facts surrounding the deaths. That report, and indeed today’s debate, demonstrate that there is support for an alternative approach to dealing with the legacy of the past.

In the limited time I have, let me say that Members do not have to take the Government’s word on this. I am sorry that the Chair of the Defence Committee is not here, but I encourage all Members to look at that report and the legal evidence given to it over the challenges—that is probably the best way of describing them—about moving forward under the statute of limitations approach. That said, the whole purpose of the consultation is to try to move the issue forward. There is an open question as to how we move forward, and the suggestion of the hon. Member for North West Norfolk is a perfectly reasonable one to be put forward into the consultation. As we have just launched a consultation, it would be premature for me to commit to what that way forward will be. That is why I encourage everybody, particularly veterans and Members, to contribute to that consultation so that we can attempt to find a sensible way forward.

Leo Docherty Portrait Leo Docherty
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I am grateful to my right hon. and gallant Friend for giving way. Does he agree that theatres other than Northern Ireland, such as Iraq and Afghanistan, should be included in the consultation?

Lord Lancaster of Kimbolton Portrait Mark Lancaster
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The consultation, as published, is specific to Northern Ireland. However, this is a wider issue that impacts operations in other theatres. I take this opportunity, in the 20 seconds I have left, to pay tribute to my right hon. Friend the Member for Sevenoaks (Sir Michael Fallon), who did so much in his tenure as the Secretary of State for Defence to move these issues forward—not least when it comes to other theatres—by closing down IHAT from 30 June last year.