Debates between Lord Beamish and Stewart Malcolm McDonald during the 2019-2024 Parliament

Tue 3rd Nov 2020
Overseas Operations (Service Personnel and Veterans) Bill
Commons Chamber

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage & Report stage: House of Commons & Report stage & 3rd reading
Wed 23rd Sep 2020
Overseas Operations (Service Personnel And Veterans) Bill
Commons Chamber

2nd reading & 2nd reading & 2nd reading: House of Commons & 2nd reading

Support for Ukraine and Countering Threats from Russia

Debate between Lord Beamish and Stewart Malcolm McDonald
Wednesday 2nd March 2022

(2 years, 9 months ago)

Commons Chamber
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Stewart Malcolm McDonald Portrait Stewart Malcolm McDonald (Glasgow South) (SNP)
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I thank the shadow Secretary of State, the right hon. Member for Wentworth and Dearne (John Healey), for his fine speech and the Minister for his fine response to it. As I am sure others will do as the debate goes on, I thank the Government for the genuine openness that they have shown to Members of the House as the situation has developed. It has made a huge difference to all Members to have that level of access and detail from the Department.

We all look on in horror at what we see on our TV screens with the train stations of a major European capital city and cities across that country filling up with refugees. We thought, did we not, that we had left such scenes behind in our history, but they are back with us once again. Cluster bombs are being used on cities like Kharkiv, a city I visited and know well. It breaks my heart to see what is happening to people in Ukraine: war crimes—war crimes—being committed in 2022 on the continent of Europe. We even have a situation where towns and villages are being surrounded by Russian troops to starve the local population of food, water and other supplies they need to survive. That takes on a particular resonance in a country that in its past suffered, almost 100 years ago, a famine genocide organised by Stalin that killed many millions of Ukrainians and is still very much alive in the minds of Ukrainians to this day. One of the most horrifying things we saw yesterday was the bombing of a holocaust memorial in the capital city of Kyiv. So terrible is it that it puts to bed the utter lie of Putin’s claim to be denazifying Ukraine. Ukraine has denazified itself in the past and will continue to do so in its future.

Like others, I want to pay tribute to the heroism of President Zelensky, the Ukrainian armed forces and the Ukrainian people themselves. I have been in daily contact with friends, MPs and others who I have gotten to know over my many trips there over the years and they still show the incredible resolve, generosity and kindness that we all know them for. They have their own family members and their own safety to worry about, but still they are helping Members of this House to get their constituents to safe places. Some of them are still keeping up their spirits with a sense of humour. Kira Rudyk, leader of the Opposition Holos party, was on UK news this afternoon. It was put to her that she, like every other Member of the Verkhovna Rada, is on Putin’s kill list. She responded by reminding everyone that she is also on the top 10 bachelorette list in Ukraine, so she hopes that that somewhat balances out. To maintain that level of generous spirit and maintain that level of dignity and resolve that we have seen in these circumstances? I suppose we could all hope that we would do the same, but I am not so sure that many of us would.

My party and I have supported the Government over their actions in Ukraine. We have ensured that they get the support from the SNP Benches for the defensive equipment, economic support, and political and diplomatic support they have given to Ukraine, and we will keep doing that. Indeed, like others and, I suspect, the Minister himself, we always want to see the Government go further. That is the job, I think, of the Opposition here. Yes, we are united, but we always want to push the Government to go further where they should.

There are two areas where the Government should. First, on sanctions, it is the case that we are behind other international actors and we want the screws to be turned and turned quickly. Like the hon. Member for Rhondda (Chris Bryant), we agree that there are almost certainly legitimate reasons why we have not done that, but we need to do what we can to fix it. Secondly, on refugees, the Minister is right. Most people will want to stay in a country close to Ukraine, because they want to return to Ukraine. I well understand why people will want to get back there and rebuild their country—it is a proud country and a proud democracy—but we do stand alone in putting in front of people fleeing war crimes all the unnecessary bureaucracy that does not need to be there. I plead with the Government to change that stance and be more open and welcoming, and at least match the offer of EU member states.

It cannot be said enough that our conflict or disagreement is not with the citizens of Russia itself. It is a proud country and it has made incredible contributions over the years to science, innovation, arts, culture and much else. Indeed, Scotland and Russia have shared many connections, not least militarily, over the years. The Russian people, as we are starting to see, are victims of a sort in this conflict as well. As the sanctions start to bite, there will be consequences for them. Indeed, they are already starting to feel it. This war is over one man’s imperial hubris that started not last week, but in 2014. It has already seen the deaths of around 15,000 Ukrainians, and that is before we count the Russian dead. It has displaced about 2 million Ukrainians in their own land.

It is worth taking ourselves back to how this started. It was nothing to do with NATO or the west; it was all because Ukrainians decided that they wanted a European, Euro-Atlantic future, and they wanted Putin’s boot off their neck. Ukraine threatened no one, and remains a threat to no one.

In time—today is not the day for it—we will have to consider exactly what has happened and how the European security architecture has been thrown up in the air like a kaleidoscope. The Minister and the shadow Defence Secretary rightly mentioned the change in German policy. We all watched with our jaws open as the Chancellor reversed 30 years of energy policy and 70 years of defence policy on Sunday. The European Union is now a much stronger military alliance than we ever thought it would be. If someone had told me that that was where it was going two weeks ago, I would not have taken them seriously. That is something for us all to take the time to think about. The integrated review will need to be revisited; only a fool would think otherwise. I was always sceptical of the Indo-Pacific tilt. This is not a time for I-told-you-sos—most definitely not—but all of us in this country and in other countries around Europe will need to rethink defence and security postures going forward.

We are the custodians of the treaties and institutions that were set up to maintain peace and security across Europe, and we need to ask ourselves what we need to do to fix them, because they are more than creaking at the seams right now. How have we got ourselves into a situation where we are seriously contemplating a Government who are accused of committing a genocide against their people—China and the Uyghurs—presiding over peace talks about war crimes carried out by their ally in Moscow against people in Ukraine? I am not sure it could be argued that we have been very good custodians of those treaties and institutions, which have so far by and large held up, but are creaking in a massively unprecedented way.

There will be time to debate those things in the future. Today we must focus on Ukraine, Ukrainians and the war criminals who are carrying out this horror in that nation. For me—if you will indulge me, Madam Deputy Speaker—this is personal, having taken many trips back and forward, like many other Members of the House. We have friends in common, actually. I have phoned friends whose children I can hear in the background being loaded into cars to flee cities—cities in which I have enjoyed meals with their families. I was in Kyiv this time last month. Even then, it did not feel like a city that was on the brink of war. I have been on the phone to friends and heard shells going off in the background—the calls cut off as they have to run. Then there is always that hellish thought when I call someone or text them and for hours do not hear back, and do not know whether they are safe.

It is personal for me, and for many of us in this House. I enjoyed nothing more than welcoming friends from Ukraine to Glasgow for COP26. I had hoped that they would be in my constituency for the Scotland-Ukraine match, although I am not sure what it would have done for our reputation if we had beaten them.

Lord Beamish Portrait Mr Kevan Jones
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No chance of that.

Stewart Malcolm McDonald Portrait Stewart Malcolm McDonald
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Well, a boy can dream. That now will not happen, but Ukraine is a democracy and the Ukrainians are a free people. They need and deserve our support and focus, and the unity of this House—today, tomorrow and going forward. I am sorry to say that the Minister is almost certainly correct that this will get worse before it gets better, so let us focus on how we make it better. It will require some big, bold thinking—a Marshall plan to rebuild that country from the destruction caused and the destruction yet to come.

In that, we must maintain unity. Where we push the Government to go further and faster, it is not because we want to be oppositionist for opposition’s sake—that is in nobody’s interest. Let us keep to the unity that Ukrainians need, because it is not just us watching the war in their country; we should ask ourselves what we want them to see when they read our newspapers or scroll through our social media accounts. I want them to see common cause to end the war, support Ukrainians and ensure that Ukraine’s democratic future, which they took a stand on in 2013 and into 2014, is still there. Ukrainians today are the real leaders of the free world, and they deserve nothing less.

Overseas Operations (Service Personnel and Veterans) Bill

Debate between Lord Beamish and Stewart Malcolm McDonald
Stewart Malcolm McDonald Portrait Stewart Malcolm McDonald
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Well, we will go through some of that evidence, shall we? We will go through some of the comments made by senior military, legal and political opinion that make it quite clear that what I have said is correct. I accept, of course, that there are differences of opinion within those fields, but it is the case, I am afraid to say to the hon. Gentleman and to the Minister chuntering at me from the sidelines, that senior military, legal and political opinion believes that the Bill is farcical in several respects. I will go through them in turn.

Lord Beamish Portrait Mr Kevan Jones
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We cannot get more distinguished than the Judge Advocate General, Judge Blackett, who was firmly of that opinion. The Minister did not perhaps listen, but the judge made his position about the Bill very clear.

Overseas Operations (Service Personnel And Veterans) Bill

Debate between Lord Beamish and Stewart Malcolm McDonald
2nd reading & 2nd reading: House of Commons
Wednesday 23rd September 2020

(4 years, 2 months ago)

Commons Chamber
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Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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I have been in the House for nearly 20 years, and I have always prided myself on being a strong advocate for defence and the support of our servicemen and women, both from the Back Benches and as a Minister. I am also no friend of unscrupulous lawyers. Older Members of the House will remember my campaign of the early 2000s against unscrupulous lawyers who defrauded my constituents who were claiming miners’ compensation. That led to the instigation of the Solicitors Regulation Authority, which took the disciplining of lawyers away from the Law Society. I am also, though, a strong supporter of the legal system and of the military justice system. I have served on the last three armed forces Bills as either a Minister or a Back Bencher, and I think I understand the system well and respect it.

Unfortunately, though, this Bill does not pass the Ronseal test: it does not say what it does on the tin. It excludes completely the arguments, with which I have a lot of sympathy, about prosecutions of those in Northern Ireland. The other issue is the need for the Bill. Its promoters give the impression that there is an army of vexatious lawyers out there who are pursuing veterans. I asked, in a parliamentary question, for numbers. I was told that they were not kept by the Department centrally. The explanatory notes say that there were 900 cases for Afghanistan and Iraq between 2003 and 2009; the impact assessment says the number is 1,000, but what they do not explain is the nature of those cases. How many were brought by vexatious lawyers? How many were compensation cases rightly brought by members of the armed forces or their families?

I accept the issues around the case of Phil Shiner. That individual was disgraceful, but I have to say that the Solicitors Regulation Authority, which was put in place by the last Labour Government, sorted that problem out. On the other main thing that has been raised today, I was a Minister in the Department at the time, and the problem was the way in which cases were investigated. The Bill will not address that.

The other point that I would like to address is my fear that the presumption, as outlined in the Bill at the moment, that prosecutions will not go forward outside a certain timescale will lead to members of our armed forces going before the International Criminal Court. That cannot be acceptable. If we had that presumption against prosecution, the court would perhaps conclude that the UK was either unwilling or unable to initiate a prosecution. I do not want to see that, and I do not think the Minister does either, but it is an unintended consequence of the Bill and it has to be changed.

I also have problems with clause 3, which says that prosecutors should take into account “exceptional demands and stresses” in cases after five years. If it is good enough after five years, why not before? There is no need for the clause, because that is already taken into account. The Judge Advocate General, in his letter to the Defence Secretary, outlined the case of Marine A, where evidence of unique circumstances taken at the first court martial and then at the appeal meant that the sentence was reduced to manslaughter.

Stewart Malcolm McDonald Portrait Stewart Malcolm McDonald
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Does the right hon. Member not agree that it diminishes the Government’s standing when they come to the House and cast to one side all these concerns from experts such as those he mentions, when there probably is a reasonable Bill that the House could gather around?

Lord Beamish Portrait Mr Jones
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I think there is, but I also say that people should talk to those in the service justice system, because they do this every day of the week. They are an independent judiciary—that is recognised internationally. They do a job in ensuring that people get justice and I think that this Bill will complicate that. One of my fears is that this will undermine the military justice system, of which I am a passionate supporter. I know that some people want to do away with it, but I certainly do not. I also agree with the points that have been raised by the Royal British Legion and my right hon. Friend the Member for Wentworth and Dearne (John Healey) concerning conditions around the ability of veterans to make compensation claims later.

I will not vote against the Bill tonight, because I think it can be improved. However, I will also not fall into the political trap that has been set, where it will be said that if someone is against the Bill or criticises it in any way, they favour ambulance-chasing lawyers over our armed forces. I am sorry but I take great exception to that, and I am in good company, along with a lot of other people, such as Field Marshal Lord Guthrie, Nick Parker, whom I have huge respect for—I worked with him in the Ministry of Defence—and the Judge Advocate General.