Overseas Operations (Service Personnel And Veterans) Bill
John Healey ExcerptsWednesday 23rd September 2020
(4 years, 3 months ago)
Commons ChamberRead Full debate Overseas Operations (Service Personnel and Veterans) Bill 2019-21 View all Overseas Operations (Service Personnel and Veterans) Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts
John Healey (Wentworth and Dearne) (Lab)
I start by also paying tribute to the role, dedication and work of our armed forces. They face exceptional risks, give exceptional service and require exceptional skills. As we face as a nation a second covid crisis, they are likely to be called on again, more heavily, including overseas.
I am pleased that we have come to the Commons debate on this legislation. I thank the Secretary of State for the way he introduced the Bill. The first duty of any Government is to protect the nation and its citizens, and the first duty of any Defence Secretary is to protect the men and women who dedicate themselves to the service of their country. We have our own British way of doing this. Since the days of Churchill and Attlee, when Britain led the global efforts to establish the rules-based international order after the second world war, we have been the champions of democracy, freedom and universal human rights. Our British forces uphold, unequivocally, international law and conventions. By adhering to the highest standards of legal military conduct ourselves, we can hold other countries to account when their forces fall short. The Bill calls into question Britain’s proud commitment to the Geneva convention, our duty as a “permanent five” member of the United Nations to uphold international law, and our moral authority to require the conduct of other nations to meet the standards set by those international conventions.
Since the end of the 2000s, all parties in this House have upheld a strong commitment to the armed forces covenant, which declares that those from the armed forces and their families
“should face no disadvantage compared to other citizens in the provision of public and commercial services.”
The Bill breaches that covenant by denying troops who serve overseas the same employer liability rights as are held by the UK civilians they defend. Our aim with this Bill is, first, to protect British troops and their right to justice from the MOD, and secondly, to protect Britain’s reputation as a force for good in the world, upholding human rights and the rules-based international order. We will work to help forge a constructive consensus through the Commons and the Lords for the changes necessary to achieve that aim.
Tom Tugendhat
The right hon. Gentleman must recognise—I am sure he knows this well, having spoken to his opposite numbers in socialist or left-wing parties around Europe—that many other countries follow this system of derogation and have national caveats. France itself has a reserve of emergency powers it can use to defend its troops against vexatious or inappropriate litigation. Is he seriously suggesting that France is not a law-based state, or that it is in some way immoral and has no right to sit as one of the P5? Surely he is not suggesting that.
John Healey
No, I am very clear that we want to and must protect our British troops against vexatious claims and repeat investigations. Important parts of the Bill are wrong; we can get them right and that is what I want to do. There has been a problem—I get that—arising especially from the conflicts in Iraq and Afghanistan, as the Secretary of State said. The al-Sweady inquiry chairman, when he finally cleared the troops in 2014, spoke forcefully of the “most serious allegations”—of murder and mutilation—that
“have been hanging over these soldiers for the past 10 years”.
The family of an Iraqi boy, Ahmed Jabbar Kareem Ali, who drowned in a canal in 2003 with British soldiers directly implicated, had to wait until the Newman inquiry reported in 2016 before they got the truth and the MOD issued a full apology.
Long-running litigation, repeat investigations and judicial reviews are indeed the signs of a flawed system—a system that has failed British troops and failed victims under successive Governments. I get this problem, and it must be fixed, but it is important to see it in perspective, not least so that we can see clearly the problem that we are legislating in the Bill to fix.
Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)
My right hon. Friend was touching on an important point that Members on the Government Benches have touched on as well. The problem is, as it stands, the long investigations and the repeated investigations that allow double jeopardy not via the courts, but by intimidation of investigation. The Bill does nothing whatever to deal with some of those issues. Is that not a reason for the Government to go away and rewrite parts of the Bill or even issue proper investigatory guidelines to stop that kind of thing happening?
John Healey
I sincerely trust that the Government will rethink and will be prepared to rewrite parts of the Bill. If they do so, I think they will find broad consensus for some of the changes that could be made to the Bill to help protect our troops and protect Britain’s reputation worldwide at the same time.
Stuart Anderson (Wolverhampton South West) (Con)
On that point, I have seen successive Governments overlook the armed forces, having been one of those people thrown on the pile to fend for myself. This Bill is a massive step forward for any veteran who has served on the frontlines. We are playing politics with this issue, and I plead for all Members to put that aside and focus on the massive step this Bill is for our armed forces.
John Healey
I will come on to that matter in a moment, because the Bill does nothing for those troops who have served, as the hon. Gentleman describes, on the frontline overseas. It does nothing to deal with the past cases and the past problems.
Jim Shannon
On that point, the right hon. Gentleman is right about the armed forces covenant and the ability of members of the armed forces community to bring a claim for injury or death after six years. There is some concern about the unique deviation of the Limitation Act 1980 in the Bill that will place members of the armed forces community at a disadvantage compared with civilians. After six years, civilians can register a civil claim, whereas soldiers and Army, Navy and RAF personnel cannot.
John Healey
In his typical way, the hon. Member puts his finger on an important point. He understates his argument, as there is more than just some concern; there are, for instance, according to the Royal British Legion, very clear grounds for concern that the provision breaches the armed forces covenant, and I will come on to that point.
Let me deal with getting this problem, which does exist and must be fixed, in a proper perspective. My right hon. Friend the Member for North Durham (Mr Jones) was absolutely right about how hard it is to get hard, clear information out of the Government. Over recent months, I have had to prise figures out of the MOD. There is a deep resistance to releasing full, open information. The first important figures to give a broad perspective are these: over the past 15 years, there have been 25 cases brought by injured British troops against the MOD for every one case brought by alleged victims against our troops. You can see why, Madam Deputy Speaker, some of the veterans I have talked to about this Bill reckon it is more about protecting the MOD than it is about protecting troops. Britain deployed 140,000 troops to Iraq over six years. The Government cite—the Secretary of State did so today—1,000 civil claims, all against the MOD, not individual service personnel, as evidence for the Bill to end vexatious legal claims. One third of those cases—330—have had the MOD pay compensation. Clearly, they were not vexatious as the MOD rightly insists on only settling cases in which it accepts liability. [Interruption.] The Secretary of State says, “No, we don’t,” but if he looks at the annual report on the cases that the Department publishes and takes, he will see exactly that commitment and clarification. It does not have the power to settle claims where it judges that it would not be found liable in a court. However, one fifth of the cases—217—have been withdrawn or struck out. They may well have been vexatious cases—they were certainly baseless. They may have taken too long, but the system, even as it stands, has dealt with them.
Two fifths of the cases—414—are ongoing, according to the MOD, although that definition could mean that those cases are settled and the MOD has agreed to pay compensation, but there may still be outstanding arguments over legal costs. Those cases may again be long-running, but they are hardly vexatious if they have not been struck out by now.
On the criminal side, the Government cite 3,400 allegations. The Secretary of State referred to the Iraq Historic Allegations Team that looked into them. Despite deep flaws in that investigation, 70% were ruled out as there was no case to answer or no proportionate grounds for a criminal investigation. In other words, those allegations did not warrant a full investigation so got nowhere near the point of decision about prosecution. They would have been wholly unaffected by the Bill if the measure had been in place because, as the right hon. Member for New Forest East (Dr Lewis) said, it does not deal with investigations—as it should—but only with prosecutorial decisions and process. By the way, just seven prosecutions have been brought against British soldiers from the remaining allegations and investigations, and all but one have now been dropped.
On Afghanistan and criminal cases, the Operation Northmoor investigation in 2014 examined 675 criminal allegations from 159 people. The investigation closed and no charges have followed. Indeed, the investigation concluded a year before the MOD confirmed in public in June that it had closed.
On judicial review, the Government have cited 1,400 JRs of civil and criminal Iraq and Afghanistan cases as justification for the Bill. I can only find evidence that two judicial reviews are continuing. The court gave the MOD permission to strike many of the others out three years ago. Yet in April, the Minister told me in answer to a written parliamentary question that the MOD had still only notified fewer than half—630—of the court’s decision not to take the investigations further.
To put the matter in perspective, certainly some vexatious claims have been lodged and the current system has taken too long to weed them out, but the bigger, more serious, more consistent problems lie in the system of investigations, which lacks speed, soundness, openness and a duty of care to alleged victims and to the forces personnel who may be in the frame. Those are the problems, which occur well before the point of decision about prosecution, which is the point at which the Bill starts to operate. They are what the Bill should and can deal with. Our aim during its passage through Parliament is to help ensure that it does.
To pick up on the point made by the hon. Member for Wolverhampton South West (Stuart Anderson), I must confess that when I first looked at the Bill, I thought that it was designed to draw a line under the cases still caught up in the problem of so-called lawfare. The first paragraph of the explanatory notes gives the same misleading impression. It says:
“This Bill aims to provide greater certainty for Service personnel and veterans in relation to vexatious claims and prosecution of historical events, that occurred in the uniquely complex environment of armed conflict overseas.”
But this legislation will have no impact on any past or any continuing cases, and clause 15 on commencement makes that clear, so it offers no hope and no help of faster resolution either for the troops or for the alleged victims, who may still be involved in long-running litigation or in repeat investigations. I want to make sure that no one in this House and, much more importantly, in the armed forces and the veterans community is misled by what they may have heard or may have understood before now.
Similarly, nothing in this Bill applies to Northern Ireland, despite the same commitment in the Conservative manifesto, similar concerns on the Government side about drawing a line for British troops who served in Northern Ireland and the Secretary of State’s letter to all MPs last week in which he confirmed his eagerness
“to ensure also the equivalent protections of our veterans who served in Northern Ireland.”
The Secretary of State’s speech looked back, but we now legislate for the future. The Bill is not a framework fit for the future point when Britain must again commit its forces to armed conflict overseas. The Government have got important parts of the Bill badly wrong, and I want to see Ministers work with all parties in both Houses and with groups beyond Parliament who have expertise to offer on this—from the British Legion to Liberty—to get this legislation right.
There are problems. The Bill is silent on the command responsibility and the role of commanders in some of these cases. There is a problem, I think, with the Attorney General’s consent, as it risks political factors coming into prosecutorial decisions. There is nothing on the disclosure rights, responsibilities and duties of the MOD. Let me summarise our biggest concerns about the Bill.
Jonathan Edwards
I agree with many of the points the shadow Secretary of State has made during his very valid contribution. Does he agree that one of the fundamental weaknesses with the Bill was put forward by the UK’s most senior military judge, who has argued that the consequence of the legislation is that UK military personnel are more likely to find themselves in front of the International Criminal Court?
John Healey
I am grateful to the hon. Gentleman for conceding that I am making some valid points. His point is certainly valid, and it will be a point of central argument, probably in the debate today, but certainly as the Bill passes through both Houses.
Let me return to the biggest problems in the Bill. Part 1, as the Secretary of State said, introduces what the Government have called their so-called triple lock to make prosecutions for the most serious crimes harder. The presumption against prosecution for all crimes except sexual violence clearly creates the risk that the very gravest crimes, including torture and other war crimes, go unpunished if an incident does not come to light for five years or if the investigations are drawn out beyond that deadline.
Stephen Doughty
My right hon. Friend is making an extremely constructive and compelling speech, and I hope that all Members on both sides will listen to what he is saying. On that specific point about torture, may I commend to him the article by our hon. and gallant Friend the Member for Barnsley Central (Dan Jarvis), who has very clearly set out today the objection he has, as I do, to vexatious claims and vexatious investigations? He is also very clear that the prohibition on torture is absolute: there are no exceptions. We as a country are a signatory to a whole series of international conventions on that very issue, and the derogations we talked about under the European convention make it very clear that we have to comply with those international obligations.
John Healey
I am grateful to my hon. Friend for a very succinct and spot-on point, and I look forward to the contribution that I hope my hon. Friend the Member for Barnsley Central (Dan Jarvis) will be able to make in the debate.
John Redwood
Will the changes the shadow Secretary of State wants to make overall give more protection to our veterans, or will they actually reduce the protections in this legislation?
John Healey
The changes will give protections that are fit for the future. They will give protections that are required, and they will avoid parts of the Bill that at the moment put at a disadvantage in a unique fashion those British troops who serve overseas, which is why we argue that it breaches the armed forces covenant.
To come back to the presumption against prosecution, in the explanatory notes the Government maintain:
“Nothing in this Bill will stop those guilty of committing serious criminal acts from being prosecuted.”
That is a point the Secretary of State made, but many legal experts disagree and say that the Bill, as it intends, will be a significant barrier to justice. The Law Society’s briefing on this debate says:
“The Bill creates…a limitation period for a select group of persons in specific circumstances, i.e. armed forces personnel alleged to have committed offences overseas.”
Alongside the extra factors for prosecutors to take into account and the requirement for the Attorney General to give the go-ahead for such prosecutions, that clearly risks breaching the Geneva convention, the convention against torture, the Rome statute, the European convention on human rights and other long-standing international legal obligations. Where the UK is unable or unwilling to prosecute, the International Criminal Court may well act. So rather than providing relief for the troops accused, the Bill also risks British service personnel being dragged to The Hague, the court of Milošević and Gaddafi, instead of being dealt with in our own British justice system.
Let us just step back a moment from the technical detail. This is the Government of Great Britain bringing in a legal presumption against prosecution for torture, for war crimes and for crimes against humanity. This is the Government of Great Britain saying sexual crimes are so serious they will be excluded from this presumption, but placing crimes outlawed by the Geneva convention on a less serious level and downgrading our unequivocal commitment to upholding international law that we in Britain ourselves, after the second world war, helped to establish.
Mr Wallace
What is appalling is the straw man being put up time and again by a Labour party half-funded by these ambulance-chasing lawyers. That is going to damage our reputation. No apology for the money they took from a number of them—no apology whatever. What we should recognise is that many of—[Interruption.]
Mr Wallace
Much of the mess we are having to come and clean up today is because of your illegal wars, your events in the past and the way you have run the safety of our forces. To put up straw men and make wild allegations that are wholly inaccurate, and disputed by people much more learned than the right hon. Gentleman, does a disservice to our troops and is all about making an excuse for not supporting the Bill. We will see tonight whether or not he supports the Bill.
John Healey
That is not worthy of the office of the Secretary of State for Defence. We are dealing with matters of torture, war crimes, MOD negligence, compensation for injured troops and compensation for the families who have lost their loved ones overseas. This is too important for party politics. It should be beneath the Secretary of State to reduce this to party politics. We on the Labour Benches will work with the Government to get the Bill right.
The Minister for Defence People and Veterans (Johnny Mercer)
This is embarrassing.
Madam Deputy Speaker
Order. When you speak, you speak standing up not sitting down. Now, we will just have a drop in temperature while we consider the facts of the Bill and let the emotions settle down somewhat.
John Healey
Thank you, Madam Deputy Speaker. The facts of the Bill are that it places torture and other war crimes on a different level to crimes of sexual violence. That is not embarrassing; that is unconscionable for a country with a proud record of upholding unequivocally the international conventions that we helped to draw up.
John Healey
No, I will not at this point.
Ministers must think again. No wonder that the former Chief of the Defence Staff, Lord Guthrie, says that the Bill as it stands would be a stain on Britain’s standing in the world. Ministers must think again. They must remove torture and other war crimes from the Bill. There are better ways of protecting our troops and Britain’s good name.
Part 2 creates a higher hurdle for civil cases after three years, as the Secretary of State said, with extra factors that a prosecutor must take into account, and a hard block on any case after six years. For British troops serving overseas with claims to make against the MOD, that does breach the armed forces covenant—a point that I made to the Secretary of State early in the summer, reinforced today by the Royal British Legion in its briefing for this debate, which says that in removing “the ability of members of the armed forces community to bring a claim for injury or death after six years, the Government will create a unique deviation from the Limitation Act 1980.” It denies those who serve our country overseas the same employer liability rights as the rest of us enjoy at home. It creates circumstances that allow the MOD to avoid claims when it fails properly to equip our troops or makes serious errors that lead to the death or injury of British troops overseas.
It is plain wrong that those who put their lives on the line for Britain overseas should have less access to compensation than the UK civilians they defend, and, since 2007, there have been at least 195 cases of troops who would have been caught by the Bill. Ministers have tried to play that down by saying that the clock on that deadline starts only at the point of diagnosis, but that is misleading because diagnosis is not in the Bill and the point of knowledge is in the Bill. That is another important provision that we must put right.
ln conclusion, we believe, and I believe strongly, despite what the Minister for Defence People and Veterans is chuntering under his breath, that the Government, Labour and the armed forces ultimately all want the same thing: we want to protect British troops and we want to protect British values, and that should not be merely a matter of party politics.
I say to the Secretary of State, during the Bill’s passage through Parliament we want to help forge a constructive consensus on the changes needed to overhaul investigations, to set up safeguards against vexatious claims that are entirely consistent with our international obligations, and to guarantee troops the right to compensation claims when MOD failures lead to the death or injury of our forces overseas. It is not too late for Ministers to think again about the best way to protect service personnel from vexatious litigation while ensuring that those who do commit serious crimes during operations are properly prosecuted and punished. As the Bill begins its passage through Parliament, I urge the Secretary of State and his Minister to work with us to ensure that it does just that.
Several hon. Members rose—
Tom Tugendhat (Tonbridge and Malling) (Con)
It is a pleasure to see you in the Chair this afternoon, Madam Deputy Speaker, and to follow my friend, the hon. Member for Glasgow South (Stewart Malcolm McDonald), who made some interesting points, some of which—forgive me—I am going to disagree with. He will not be surprised to hear that, because we have often entered into many civilised, and sometimes lubricated, conversations on these very subjects. These issues affect the whole House and have been discussed by many Members in here and in other places, because they really matter.
I declare an interest; I got into politics on leaving the Army, after writing a paper for Policy Exchange in 2013 called “The Fog of Law”, which covered these very subjects and highlighted many of the issues raised in this debate. I appreciate that there are difficult decisions and that it is hard to balance what the right hon. Member for Wentworth and Dearne (John Healey) quite correctly said was the difference between the liability that a civilian employee could expect with their employer and that which a soldier on overseas operations could expect. I accept that that is different.
I accepted that it was different when I swore allegiance to Her Majesty and put on the uniform for the first time. I accepted it was different because the job that I had accepted to do was different; it was fundamentally different—different in every sense from any civilian job at all. Why? Because I promised, as the men and women of our armed forces still promise, to give everything even unto death. That is not something that any other employer asks of their team or their staff. Nobody who is not wearing the Queen’s uniform pledges to defend our people, our islands, our values, our country, our allies and our interests even up to their own life. That is different.
In recognising that that is what we need from our armed forces, we must also recognise that the law defending our troops and the law that applies to their terms of employment must also be different. It simply cannot be the case that civilian employment contracts are applicable to the invasion of Iraq or hard detention operations in Afghanistan, or even to training missions in other places that go wrong and become combat in ways that the people involved do not expect. Of course they must be different.
John Healey
Will the hon. Gentleman accept that this is a distinction not just between the armed forces serving overseas and civilians, but between armed forces serving overseas and armed forces serving and based in this country? To that extent, this legislation uniquely disadvantages the latter and reduces their rights.
Tom Tugendhat
I will accept that this is an overseas operations Bill and that being on patrol in Helmand is different from bringing on guard at Buckingham Palace, and therefore the rights that troops should accept in different places under different terms should of course be different.
I have served, as have many of my colleagues in all parts of the House. Indeed, my friend and former comrade in arms the hon. and gallant Member for Barnsley Central (Dan Jarvis) and I served in camps in places where the electricity could best be described as ropey and would fail any civilian investigation. We served in places where to walk outside the camp was to risk everything, from loss of life or limb to very real mental damage. We served in those places because the national security and the interests of our country—decided on by people here, by the way, not soldiers—was judged to be that important.
Oral Answers to Questions
John Healey Excerpts(4 years, 3 months ago)
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Mr Wallace
Defence Intelligence uses its 4,500 exceptionally talented staff to collect, analyse and exploit intelligence. By working internationally and with other Departments, it is able to judge today’s threat and tomorrow’s and ensure that that feeds into the future design under the integrated review.
John Healey (Wentworth and Dearne) (Lab)
May I start by paying tribute to the forces men and women who are working to help the country through the covid crisis? We may soon need to turn to them again, in the face of this renewed pandemic threat.
On the integrated review, I recognise that the cycle of defence decisions does not match the cycle of political elections. Britain still benefits from the skills, technologies and capabilities at the heart of Labour’s Drayson review 15 years ago. The Opposition want the Government to get this integrated review right, but when this is the third Conservative review in just 10 years, how will the Defence Secretary avoid making the big mistakes of the last two?
Mr Wallace
The mistake of all the defence reviews—including the 1998 one, which was exceptionally good, and Lord Drayson’s review—was that they were not matched by funding. The Labour party had exactly the same problem at its last review, which is why in 2010 we inherited a black hole of billions of pounds, and indeed, there is a black hole now, identified by the National Audit Office. This is not unique to any political party. Selective picking of the last two reviews, when I could probably talk about the last five, makes no difference. The key is to ensure that our review is driven by threat. The threat defines what we need to do to keep us safe at home, and the ambition defines how far we wish to go. All that then needs to be matched with Treasury funding. If we are over-ambitious, underfunded or both, we will in a few years’ time end up in the position we are in today and have been in the past. It has been my determination to support the men and women of the armed forces the shadow Secretary of State talks about by making sure that we give them something we can afford and tailoring our ambition to match our pocket.
John Healey
Of course, the Labour Government invested in defence at a higher rate each year than that of the previous 10 years, but the Secretary of State is right about the big aims and challenges. He has previously described the 2015 review as over-ambitious and underfunded, and to over-promise and under-deliver has become something of a hallmark of this Government, but that most recent review left Britain with a £7 billion black hole for military equipment; 8,000 fewer soldiers than Ministers pledged as the minimum; and multibillion-pound contracts placed abroad when we could build in Britain. Of course, there is also a pandemic disease, which was confirmed as a tier 1 threat but no Government action was taken to prepare for it. For all the Secretary of State’s talk of the grand picture and grand strategy, does he accept that the British public and the Opposition will judge the Government by these tests?
Mr Wallace
I think that I misheard. I thought the shadow Secretary of State was talking about the position that we inherited in 2010, which was underfunded and over-ambitious—indeed, there was an equipment hole so big that many of the tanks could be driven through it. He could also point out that our men and women in the armed forces have been ready: they have delivered an excellent covid response and have not been found wanting in any way. That is partly because of the investment we have put into them, but also because of expert leadership through the officers and the civil servants in the Department and across the Government.
I assure the shadow Secretary of State that the best way to avoid the pitfalls of the past is to make sure that our ambition is matched by our pockets and what we put into the review. That is fundamentally the best thing we can do for all our forces. I would be delighted to hear the Labour party’s ambition on foreign policy and security; the previous Labour party leadership’s ambition for foreign policy was surrender.
Mr Wallace
I am grateful to the Rolls-Royce workforce for their important support for defence and, indeed, during the covid outbreak. The Winsford distributed generation systems plant provides crucial capabilities to our armed forces. I am impressed by the company’s innovative solutions to the challenges we face, for example on sustainability. It is an excellent example of UK engineering and of high-quality jobs. I look forward to seeing Rolls-Royce developing its private and public sector customer base.
John Healey (Wentworth and Dearne) (Lab)
The House is grateful to the Secretary of State for his impromptu statement. I wonder whether he could place the terms of reference for the Tom Kelly review in the House of Commons Library. Can he confirm this afternoon when he expects that review to be completed?
Just 79 people were invited to yesterday’s battle of Britain commemoration inside Westminster Abbey, rather than the 2,200 planned. Remembrance Day ceremonies in seven weeks’ time are unthinkable without so many of those who have served in our armed forces. Will the Secretary of State say what special guidance he will give to make sure ceremonies at cenotaphs across the country can go ahead safely and respectfully?
Mr Wallace
On the first point from the shadow Defence Secretary, I will of course let him know and put in the Library of the House the terms of reference for the review and when we expect it to be completed.
On remembrance, the Department for Digital, Culture, Media and Sport is the lead. However, as the right hon. Gentleman knows, it is an incredibly important for our Department and our men and women in the armed forces to contribute to it. I am working with the DDCMS to make sure we get that guidance. He is right to highlight the issue and I thank him for doing so. Of course, some in the veterans community are the most elderly and vulnerable at present, and we have to ensure that whatever we do we protect them in services of remembrance. I took part in VE Day by ringing a number of veterans who could not attend those events. Talking to numerous second world war veterans is quite a moving experience. One raised a problem about being able to get to an optician and it was useful to ring his local regimental association to try to get him that help. The right hon. Gentleman is absolutely right to highlight this issue. As soon as we have worked out the plans, I will share them with the House.
Counter-Daesh Update
John Healey Excerpts(4 years, 5 months ago)
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John Healey (Wentworth and Dearne) (Lab)
I thank the Secretary of State for making this statement and for advance sight of it. I hope that this marks the return to Ministers fulfilling the Government’s commitment to provide the House with quarterly updates on Daesh. It has been a year and 20 days since the last statement and a lot has happened since, including that the last Secretary of State to make this statement is no longer a Member of this House or, indeed, the Conservative party.
I begin by paying tribute to the dedication of our armed forces and those from the multinational coalition, who continue the fight to counter the deadly threat of Daesh. I also salute the service of Lance Corporal Brodie Gillon. Her death is the toughest possible reminder that our troops, both full-time and reservists, put their lives on the line to defend us. Today, I want to reaffirm the strength of the commitment of my party for the UN-sanctioned global coalition and the comprehensive international approach against Daesh.
The coalition’s success so far is clear. Daesh no longer controls any territory, compared with its height six years ago, when it had sway over 8 million people and a land area the size of our own UK. However, it is also clear that Daesh is stepping up its insurgent attacks and must be at risk of gaining a foothold south of the Euphrates in the area controlled by the Syrian regime, backed by Iranian and Russian allies. The Secretary of State said this afternoon that the RAF has conducted 16 air attacks since July last year. Half of those have been in the past two months alone, so can the Secretary of State confirm how many air strikes have been carried out by the global coalition as a whole in the past two months, and is the number of such attacks rising?
In April, NATO agreed to an enhanced role against Daesh. Will the Secretary of State explain what this role will be, what additional activity will be conducted by NATO and what the UK contribution will be through NATO? In particular, will more NATO mean less US in Iraq and Syria?
A special concern arises from reports that Daesh foreign fighters in Syria and Iraq are relocating to join other jihadist frontlines around the world. Others—the Secretary of State’s 40%—are detained in poorly defended prisons and detention centres in the region. With coalition Ministers set to discuss the emerging threat posed by Daesh and ISIS affiliates in west Africa and the Sahel, what role and commitment is the UK willing to consider as part of any coalition action?
Earlier, I talked about the Labour party’s support for the comprehensive international approach against Daesh. With 1.6 million people still displaced within Iraq and 6.6 million within Syria, the need for substantial humanitarian and development aid is acute. The Government’s Iraq stabilisation and resilience programme was set to end in March 2020. Will the Secretary of State confirm whether it has indeed ended and whether such support will be extended beyond this year, especially in the light of the abolition of the Department for International Development?
More than 3 million of those displaced in the region are refugee children, the blameless victims of conflict. Since the Government voted against the Dubs amendment, what steps have they taken to allow unaccompanied refugee children in Europe to be reunited with their families in the UK?
Finally, the protection of civilians and the upholding of international law through implementation of UN resolutions remain the foundation for the global coalition’s actions further to degrade and ultimately defeat Daesh. Our challenge, as the Secretary of State said, is now indeed to see this through, so that the Iraqi people and the Syrian people may rebuild their lives and their country in peace.
Mr Wallace
I will do my best to answer all the questions. I am grateful to the right hon. Gentleman for his support of the counter-Daesh actions.
The right hon. Gentleman asks whether the number of strikes has increased. I can write to him with the details of the total global coalition strikes, but I can say that United Kingdom strikes have increased in the past few months, although that is mainly a reflection of the functioning Government of Iraq and a better outcome that they are requiring and requesting in support. He might remember that the previous Government were in a state of paralysis and then on a number of occasions not functioning. The increase in strikes is mainly a reflection of what we have seen since then, but I am happy to write to him and clarify more the overall coalition responses.
On NATO and training, NATO has sought to see where it can step in and support specifically in the areas of training, security improvements, nation building and so on. It has not progressed as fast as needed, because of covid and the quietness at the beginning of the year, from both the threat and everything else. Also, many of the traditional partners we work with feel that their training has been completed. Therefore, we are working with NATO and the Iraqis to see where else we can assist. We stand ready to do more, and we are exploring more.
At the same time, in answer to the question whether more NATO means less US, the outcome of the US security dialogue will, I think, be the next stage where we will be able to understand what more we can do. We all recognise that the previous Iraqi Parliament passed a non-binding resolution asking the United States forces to leave. That only becomes binding if the Iraqi Government act on it. The new Iraqi Government have said they continue to require coalition support, and that is why the security dialogue is ongoing at the moment.
The right hon. Gentleman also asks about the dispersal of Daesh into other safe spaces. It is absolutely the case, as he rightly points out, that safe spaces have been identified by Daesh, such as the Chad basin in west Africa, and indeed we see Daesh active in Afghanistan and Somalia. There is definitely a terrorist threat in west Africa—not all Daesh, but certainly an extremist, radical, militant, Salafi-type threat. That is why the French mission in Mali is supported by a squadron of our Chinook helicopters. At the end of this year, 250 British soldiers will deploy as part of the UN multidimensional integrated stabilisation mission in Mali—MINUSMA—to improve the security situation in that part of the country. For us, it is not only about helping our allies, the French and other European nations there, but about ensuring that the knock-on effect of a destabilised west Africa does not end up on the shores of the Mediterranean and cause another immigration crisis, as we have seen in the past, and that is something we are working towards.
On the repatriation of child refugees, as the right hon. Gentleman will know, we took the path of identifying the most vulnerable in refugee camps—either surrounding Syria or where they were—and bringing them back and repatriating them to this country to give them the support they need. It is my understanding that we have done that for over 20,000 of them. As for his comments about Syrian children in Europe, I will have to get back to him about that. However, the Government have made our position clear that we felt the best way to help in that situation was to take refugees from in-theatre, and other European countries should stand by their obligations towards refugees and asylum seekers. In addition, the Foreign Secretary has made it very clear that if children are identified in Syria, for example, who are vulnerable or orphaned and so on, we will explore in every case, on a case-by-case basis, what we can do to help those children as well—whether by bringing them back to this country or making sure they get the help they need.
Oral Answers to Questions
John Healey Excerpts(4 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Johnny Mercer
I would be delighted to meet my hon. Friend. I have said time and again that this is a difficult issue and one that requires all of us to work together, both within parties and across parties. The House is united in the view that people who serve and who have done nothing wrong should not spend the rest of their lives fearing prosecution. I would be delighted to work with my hon. Friend to discover what more we can do to make sure that measure is brought forward.
John Healey (Wentworth and Dearne) (Lab)
The Government are the custodians of the armed forces covenant, which Labour has always been proud to support. The covenant rightly declares:
“Those who serve in the Armed Forces…those who have served in the past, and their families, should face no disadvantage compared to other citizens in the provision of public and commercial services”,
so why are the Government now legislating to disadvantage our own armed forces personnel who serve overseas by blocking any injury or negligence claim against the Ministry of Defence if troops miss a hard six-year deadline?
Johnny Mercer
With the greatest respect, I think the right hon. Gentleman has misunderstood the Bill. Veterans and service personnel will still be able to bring claims against the MOD, even if more than six years have elapsed. The time starts when the condition is diagnosed or when it is first reported. I reiterate that the Bill is a difficult piece of legislation that will need help from all parts of the House to pass. It is worth reading and understanding it, so that we can find a way to make sure the injustice ends.
John Healey
Of course, I have read the legislation, and the word “diagnosis” does not appear in it. The Minister is right about baseless and repeated claims; we want to stop those as well, but in part the Bill does more to protect the MOD than it does to protect British soldiers. The Bill may well breach our armed forces covenant; it certainly will deny those who serve our country overseas the same employer liability rights as everyone else enjoys at home. Why should those who put their lives on the line for Britain overseas have less access to compensation than the UK civilians they defend?
Johnny Mercer
I ask the right hon. Gentleman to reflect briefly on whether I would advocate a piece of legislation that would do that. The Bill does not do that. It is clear that we are bringing in various conditions to stop our service personnel and veterans repeatedly having to give evidence in relation to historical incidents or to respond to allegations. It has been a long time in the making; the injustice has gone on for many years. What he is saying is simply not in the Bill. I would be more than happy to meet him and Members from all parts of the House to discuss what is in the Bill. We need to work together to get the Bill over the line.
Mr Wallace
Absolutely. If I think back to the days when I was at Sandhurst, in defence, there were really three domains: air, sea and land. Cyber is very much a real and new domain that we must not only defend in, but master. That is why in 2016, the Government committed £1.9 billion to the national cyber-security strategy. That includes investment in offensive cyber, which I hope we can announce more details of later in the year.
John Healey (Wentworth and Dearne) (Lab)
May I join the Secretary of State in paying full tribute to the military’s essential and continuing role in helping the country through this covid crisis? In the same spirit, he talked earlier of the lessons from covid for the integrated review. He is uniquely placed as the Defence Secretary and a former Security Minister to turn adversary into advantage, so will he use this period to consult widely in the armed forces and with the public, industry and experts, just as Labour did, on the challenges to creating a 21st-century armed forces? That is the way to banish any suspicion that this integrated review is driven from Downing Street, not by the MOD, or driven by financial pressures, not the best interests of Britain’s defence, security and leading place in the world.
Mr Wallace
First, I can give the right hon. Gentleman the assurance that this is not driven by financial pressures; it is driven first and foremost by threat. As a former Security Minister, which he rightly referenced, I believe threat should define what we do and how we meet it. That is why, as I said, we gathered the chiefs together last week. It was not a financial discussion and, contrary to what was reported, it was not a numbers discussion, either. It was a discussion about how we meet the threat and deliver our future armed forces to match that, taking into account cyber and many other areas. The Government are determined to continue to do that. We stand by our pledge to increase defence spending in real terms, and we will use that money, spending it wisely to ensure we meet those very threats.