Armed Forces Covenant Annual Report

Debate between Lord Hanson of Flint and James Gray

Thursday 7th January 2016 Westminster Hall

[Mr James Gray]

I was not aware of the particular circumstances that the hon. Lady mentions, but if that is occurring in west Aberdeenshire—I know the area extremely well—I of course wish them well in their work, and I hope that they successfully rehabilitate their premises.

An enormous number of military charities across the board are doing all sorts of good work for people who are serving, for their families and for veterans. I am glad that they do that work. I am proud to be wearing the SSAFA tie this afternoon. Such organisations, which include the Royal British Legion and Help for Heroes—we spoke about them earlier—are outstandingly good charities doing outstandingly good work for our armed services.

One or two of the speeches this afternoon have focused on those who are disadvantaged because of their service in the armed forces, but that seems to misunderstand slightly the nature of the covenant. Of course it is right that people who have been injured in warfare, whether physically or mentally, should be looked after properly. Of course it is right that when people have come back and have all sorts of difficulties—whether they find themselves in prison or have problems with drugs or drink or other issues—we should look after them properly. That, however, is a very small part of the covenant.

The covenant is a broad document that concerns every aspect of the armed forces and every aspect of how we look after those who we ask to do jobs that we ourselves would not do. It is right that on such an occasion as this we should celebrate the triumph of the magnificent armed forces, their fantastic work and how we in this place are duty-bound to look after them and say, “Thank you very much” for what they do.

The covenant usefully covers what happens during a person’s active service. In North Wiltshire we have a huge military presence, and a great many cases come to my notice, including bullying in the armed forces, failure to be promoted and all sorts of other things that might go wrong in a serviceman’s career. The covenant says that we must look after our armed servicemen and what they are doing on the ground. We must encourage them in their careers and help and support them. They have a difficult job to do. Often they are away from their families and are asked to do all kinds of things that we would not normally do ourselves. Their career path must be encouraged and supported by what we do, and the covenant must take account of that.

I will focus on one particular aspect this afternoon in my brief contribution. I must be careful about my language, but it is what the press have called “ambulance-chasing lawyers”. That issue does not really appear in the armed forces covenant, but perhaps it should. Lawyers have been trawling around Iraq in particular, finding people who allege some form of abuse by our armed forces in Iraq 10 or 15 years ago. That has been highlighted in particular with the lawyers, Leigh Day, which behaved very badly in the al-Sweady inquiry, wasting £31 million of public money in pursuing a case that should not have been pursued in the first place. A whole variety of other lawyers are doing similar work in Iraq today.

We must be very aware of that issue because it does not only affect our veterans. It must be terribly worrying for large numbers of our veterans from Iraq and Afghanistan when they did things perfectly correctly under orders and behaved naturally, but some lawyers for their own financial reasons are seeking to investigate what they did. That must also have an effect on the operational capabilities of our forces today. Any soldier doing something might have to think, “What would happen if I got this wrong? What would happen if I breach some rule? What will happen if, in 10 or 15 years’ time, the law changes and the law comes back and haunts me and seeks to arrest me or prosecute me for something that I should have perfectly happily been doing under the law?”

I pay tribute to my hon. Friend the Member for Tonbridge and Malling, who wrote a magnificent paper about “lawfare” called “The Fog of Law”. He wrote it with Laura Croft, if I remember rightly. That fine paper lays out precisely how the law might interfere with operational effectiveness on the ground, and we have seen that issue become a great deal worse in recent years.

I would not want what has been a consensual, pleasant and important debate to become party political in any shape, size or form—it would be quite wrong if it did—but it is none the less worth noting that the shadow Secretary of State for Defence, the hon. Member for Islington South and Finsbury (Emily Thornberry), who was appointed just yesterday, is in receipt of £45,000 of cash from this particular bunch of lawyers. It is she who, among other things, described that firm as a “great firm”. Our armed servicemen, who are worried about whether they will be picked up by that “great firm”, might be worried by her attitude.

[Mr David Hanson (in the Chair)]

Order. If I may offer some gentle guidance, the points that the hon. Gentleman is making are perfectly within order, but the subject of the debate is the military covenant, and I hope he will reflect on that when making his remarks.

[Mr Gray]

You make an extremely good point, Mr Hanson. If I were in your place, which I often am, it is a point I would be making myself to speakers of my kind. None the less, it is worth reflecting on the fact that people serving around the world are taking difficult and often instant decisions. If there is a flicker in the jungle, they may fire at it. Was that the right thing to have done? The difficulty with these cases is that servicemen do not know whether someone will come looking for them in 10 or 15 years’ time, saying, “You should not have done that. You are arrested.” There are a number of particularly high-profile cases at the moment. We took part in a debate in the Chamber not so long ago on Marine A.

The simple point I make is that our contract with our armed forces asks them to do things that we would not. Part of that contract must give them the freedom, the rights and the ability to carry out things—to close with the Queen’s enemy and kill them if necessary; they do not want to do that, but if they have to do that, they have to do that—without excessive intervention by the law courts, whether domestically or even in the International Criminal Court. One thing that we might consider writing into the covenant is some approach to the whole question of “lawfare”, as my hon. Friend the Member for Tonbridge and Malling described it.

Leaving that to one side, the document is superb. I am pleased that the annual report that we produced recently demonstrates further work and further advances in a whole variety of areas. That is good. The covenant is incredibly important and I am glad that we are reviewing it every year. I hope very much that there will be debates in this Chamber in years to come, and that in those debates we will be able to record for posterity that every year we are giving our armed services greater respect and looking after them and their families in an ever better way.