Historic Allegations against Veterans

Debate between Lord Bellingham and Ian Paisley

Tuesday 15th May 2018 Westminster Hall

[Sir Henry Bellingham (North West Norfolk) (Con)]

I beg to move,

That this House has considered historic allegations against veterans.

It is a pleasure to serve under your chairmanship, Mr Streeter. The first and foremost duty of any Government is to protect and defend their citizens from internal threats and threats from abroad—away from the UK. Young servicemen and women put their lives on the line. Parliament and the Government have a duty of care to them at the time and a subsequent duty of care when they become veterans. I will talk mainly about Operation Banner in Northern Ireland, but other hon. Members may well talk about other theatres.

We know that 3,500 people were killed in the so-called troubles. Of that number, 2,000 were killed by republican terrorists, 1,000 were killed by loyalist paramilitaries and 370 were killed by security forces. In total, 722 members of the security services, which mainly comprised serving British soldiers, were killed. No other army in the world would have shown the sort of restraint that our Army showed in Northern Ireland. The very fact that twice as many soldiers were killed by terrorists as terrorists were killed by soldiers illustrates that point.

All those cases have been investigated fully, but there are a few outstanding terrorist cases. I entirely understand and accept the need for closure. I also understand the implications of the Good Friday agreement and the legacy issues, and I feel for the families and loved ones who want some sort of closure. Of course, matters are complicated by the 365 Royal pardons that were granted, by the on-the-run letters and by the 500-plus prisoners who were released on licence between 1998 and 2000. So far, everything has been weighing much more heavily against the former servicemen and in favour of the terrorists. There cannot be any parity or moral equivalence between terrorists and paramilitaries on the one hand and the police and armed forces on the other.

[Ian Paisley (North Antrim) (DUP)]

How can soldiers on duty be equated with terrorists and death squads? That appears to be what is happening here. There is a confusion and a bringing together of those two groups. They are being dealt with as one single group, and we therefore have an amnesty for all. That is, of course, abhorrent and immoral. How do we deal with that?

[Sir Henry Bellingham]

We have to draw a distinction: the police and armed forces were acting under statute. They showed immense bravery, professionalism and courage, and they were acting in support of the civil code and authorities. They were also acting under the Yellow Book—which the colonel, my hon. Friend the Member for Beckenham (Bob Stewart), knows only too well—and if they deviated from it, they were dealt with severely.

A number of colleagues present will remember the case involving the four soldiers from the Argyll and Sutherland Highlanders. A farmhouse was broken into and two civil rights campaigners, Michael Naan and Andrew Murray, were shot. There was an investigation; two sergeants were charged with and convicted of murder and another was convicted of attempted manslaughter. All three were sentenced to long prison terms. The officer in charge, who was not actually present—though, to be fair to what happened afterwards, he covered up—was charged and given a suspended sentence, and he resigned his commission. It is fair to say, therefore, that events and incidents such as that were dealt with incredibly firmly.

Armed Forces: Historical Cases

Debate between Lord Bellingham and Ian Paisley

Thursday 23rd February 2017 Commons Chamber

[Sir Henry Bellingham (North West Norfolk) (Con)]

I congratulate the Democratic Unionist party on the motion, and particularly the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) on an impressive speech to open the debate. I thank the Secretary of State for his comments and, as always, it is a pleasure to follow the hon. Member for Ealing North (Stephen Pound). His emphasis on the peace process and the future was welcome.

The right hon. Member for Lagan Valley mentioned the figures involved, so I will not repeat them. He also made the point that there can be no legal or moral equivalence between what the terrorists did and what happened to the military, who were deployed in support of the police, acted under the rule of law and were subject to tight military controls and codes, including the yellow card. They were mainly young men and some women who never asked to go to Northern Ireland but were deployed there and showed incredible professionalism, and huge restraint when they were under great stress and provocation. At all times, they held their nerve, and, consequently, the reputation of the British military was enhanced around the world.

Every incident that involved killing or injury by the military was fully investigated at the time. There were regimental investigations and investigations by the military police, and in almost every case there were investigations by the Royal Ulster Constabulary and the civilian authorities.

I do not think that the armed forces of any other country in the world would have shown the restraint and professionalism that our armed forces showed. When mistakes were made, they were called to order. In the case of the killing of the two civil rights campaigners Michael Naan and Andrew Murray, three sergeants and one officer from the Argyll and Sutherland Highlanders were charged. Two sergeants, Sergeant John Byrne and Sergeant Stanley Hathaway, were charged with murder and sentenced to life imprisonment. A third sergeant, Iain Chestnut, was charged with manslaughter and sentenced to four years. The officer in charge of the platoon, Captain Andrew Snowball, who was not actually present at the farmhouse where the killings of the two civil rights campaigners took place, covered up what happened. He was subsequently charged and given a suspended sentence. He resigned his commission. The case shows that where the military stepped out of line it was investigated, and if charges were appropriate, charges were brought.

[Ian Paisley]

I thank the hon. Gentleman for making this point. It is absolutely essential that the record of this House reflects the fact that under Operation Banner the Royal Ulster Constabulary and Her Majesty’s Crown forces in Northern Ireland acted with the highest human rights-compliant record in any dispute anywhere in the world. That is without any challenge whatever. Some 30,000 officers carrying personal weapons and a minimal amount of illegal discharge from those weapons—that is a miracle given the provocation, with murders daily in our Province.

[Sir Henry Bellingham]

I agree entirely with the hon. Gentleman. I shall now remove a couple of paragraphs from my speech, because he has said what I was going to say.

Let us fast-forward to the current situation. The right hon. Member for Lagan Valley outlined the flawed process, in particular the arrest of veteran soldiers as part of the DPP’s vendetta against them. I referred to the case of Dennis Hutchings in a debate I secured on 13 December 2016. He was deployed to Northern Ireland with his regiment, the Life Guards. They were in an area, Dungannon and Armagh, where levels of disturbance were particularly high. All patrols were told to take special care. The regiment had suffered a number of shooting incidents, although none had been fatal. On 4 June, a patrol was ambushed by a group of young men who were in the process of transferring weapons to a car in the village of Eglish. The patrol was fired on and fire was exchanged. A number of people were arrested and a quantity of arms recovered.

On the following day, Corporal Dennis Hutchings, who was mentioned in dispatches for his exemplary bravery and leadership, led a patrol back into the area. The aim was to try to locate further arms caches near the village. The patrol chanced on John Pat Cunningham, who was challenged to give himself up. He behaved in a way that was suspicious. The patrol believed they were threatened and opened fire. We know there was a tragic outcome, because John Pat Cunningham was killed. This was investigated fully by the Life Guards, the military police, the RUC and the DPP. All four members were completely exonerated.

What happened next beggars belief. In 2011, Dennis Hutchings was called in by the PSNI Historical Enquiries Team and fully investigated. A comprehensive investigation, with which he co-operated fully, took place. He was told at the end of the investigation that no further action would be taken and that he could get on with his life, look after his grandchildren and great-grandchildren, and enjoy his retirement.

In 2015, there was a dawn raid on the corporal major’s house. He had been in very poor health, but he was arrested, taken to Northern Ireland for four days’ questioning and charged with attempted murder. He of course vehemently denied the charges. After 42 years, there were no witnesses left. The other three members of the patrol have died and the forensic evidence has disappeared. How can he get a fair trial now? He cannot receive a fair trial in these circumstances. The first thing I learned at law school was that any criminal case depends critically on credible and corroborated evidence.

Oral Answers to Questions

Debate between Lord Bellingham and Ian Paisley

Tuesday 17th April 2012 Commons Chamber

[Ian Paisley (North Antrim) (DUP)]

I know that the Government are appalled at the recent turn of events in the west African state of Guinea-Bissau. Is the Minister in a position to update the House on what has happened in Guinea-Bissau and what efforts can be made to help restore democracy to that beleaguered land?

[Mr Bellingham]

I am grateful to the hon. Gentleman for his interest in Guinea-Bissau. I gather that he has been there twice, including recently as an election observer. We absolutely deplore the coup d'état. Guinea-Bissau was making really good progress from a failed state towards a functioning democracy, so we support the statement by the Economic Community of West African States that the Prime Minister, Carlos Gomes, and the interim President, Raimundo Pereira, must be released and that the second phase of the election must go ahead on 22 April.

Zimbabwe

Debate between Lord Bellingham and Ian Paisley

Tuesday 6th December 2011 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Henry Bellingham)]

First, I congratulate my hon. Friend the Member for South West Bedfordshire (Andrew Selous) on securing this debate, and I praise him for his concise and compelling speech. If I do not answer all his points, I shall write to him after the debate.

The timing of the debate is certainly opportune—ZANU-PF is currently holding its conference in Bulawayo, and it has an important few days ahead of it. Next year and early 2013 will be a pivotal time for Zimbabwe. The actions that ZANU-PF and other political parties take in the next 18 months will have a huge impact on the shape of Zimbabwe’s future.

Our policy at such a crucial moment can be summed up simply: we want to do all that we can to support the Zimbabwean people’s aspirations for a more democratic, stable and prosperous country. To set out what that means, it might be useful for me to provide a brief update on the situation on the ground and the role that the UK is playing.

It is important to recognise that the reform process has not stood still. Although movement is slow and can often be obscured by events, progress has been made. The economy, under the stewardship of the quite excellent Finance Minister Tendai Biti, continues to show signs of robust recovery. He forecast an impressive 9.5% growth in 2012 in his budget speech last week. There is a lively media, and newspapers that are openly critical of the Government are sold every day on the street corners of Harare. The provision of basic services has improved out of all recognition, supported by the important contributions of the Department for International Development and others in the donor community. Textbooks are now in every secondary school, medicines are in hospitals, and food is on the shelves. Zimbabwe has come a long way since its nadir in 2008, and we can be proud of the role that we have played.

There has also been progress, but not as much, in the political arena. Constitutional reform is moving forward, and although the process has been tough and slow, there seems to be no doubt on any side that a new constitution will be adopted before the next elections. There will almost certainly be a referendum on the new constitution early next year.

However, despite those green shoots of progress, there are considerable causes for concern. There are still those in Zimbabwe who seek to erode the reform process to retain their personal hold on power. The promising figures of the budget mask an unsustainable over-spend in public sector salaries. Violence and intimidation targeting activists from civil society and both Movements for Democratic Change continue, especially at the hands of the Chipangano militia group in Harare. Partisan political bias within the state security mechanisms threatens to undermine Zimbabwe’s democratic foundation, as has been demonstrated by the cancellation of four Movement for Democratic Change-Tsvangirai rallies by the police last month. A particularly acute illustration of that concern is the recent death threat made by an alleged state security officer to an MDC-T Member of Parliament, in response to points raised about the Marange diamond fields in a parliamentary debate. My hon. Friend the Member for South West Bedfordshire also gave other examples.

[Ian Paisley]

I would like to put on record my thanks to the Minister for his kindness and his good work and briefing that he has given many of us across the House on Africa and African issues.

Recently I had the opportunity of hosting Roy Bennett here. Will the Minister consider arranging for his officials and himself to receive a briefing from Roy Bennett about some of the ongoing party persecutions in Zimbabwe?

[Mr Bellingham]

I am grateful to the hon. Gentleman for raising his meeting with Roy Bennett. I also had the chance to meet Roy Bennett when he was here, about six weeks ago. He gave us a fairly comprehensive report, which we have seen. We will look at any other report he produces, because we have great admiration and respect for him.

My hon. Friend the Member for South West Bedfordshire mentioned Marange diamonds. I would like to touch briefly on the recent Kinshasa agreement of the Kimberley process. It was the result of considerable diplomatic effort by the European Union and our partners, and we played a full role in it. I believe that the outcome, although not perfect, is a reasonable one for both Zimbabwe and the KP. We went into the negotiations with clear red lines on what we would not compromise on, and they remained intact in the final deal.

Under the terms of the agreement, Zimbabwe can export only diamonds from the Marange region that comply with KP standards. We need only to look at Minister Biti’s budget statement to see the importance of that revenue to the Zimbabwean Treasury. Furthermore, the agreement establishes a credible and independent monitoring mechanism to ensure that the standards are respected, which includes a role for civil society. The EU, Canada and other countries were pivotal in driving that forward. The United States abstained, but we were satisfied with the outcome because our red lines were kept in place.

I will say something about the subject of land and the continuing practice of illegal farm invasions. Such abuses are once again increasing in frequency. It causes privation not only to farmers and their workers, who are being forced from their land, but to the entire agricultural sector of Zimbabwe. As my hon. Friend pointed out, tobacco yields are down 38% on 2000 levels, and wheat yields are down a staggering 82%. As my hon. Friend the Member for Tiverton and Honiton (Neil Parish) said, the fact that a country of Zimbabwe’s agricultural potential still requires food aid for its citizens is quite appalling, and it is a result of destructive and vindictive land policies.

It is not only the UK that judges such actions to be illegal and in contravention of the global political agreement; it was also the judgment of a 2008 Southern African Development Community tribunal, which ruled in favour of three Zimbabwean farmers, including the late Mike Campbell. The demise of that tribunal was a retrograde step for regional law, but despite its suspension, the ruling was upheld by a South African court this June.

We have always recognised the central importance of the land question to Zimbabwe, which is why we contributed to a land redistribution programme immediately after independence. While we have never accepted the allegation that the UK alone should fund compensation for land redistribution, we remain willing to engage other donors in a land reform programme in Zimbabwe that is transparent, fair and pro-poor. We regard a land audit, as provided for in the GPA, to be a necessary first step in the process, and the EU made it clear some time ago that it was willing to fund such an exercise.

Continued farm invasions are symptomatic of a wider disregard for human rights, which extends to those of different political and religious persuasions. I welcome the suggestion made by my hon. Friend the Member for South West Bedfordshire on the UN convention, and I will write separately to him. I want to assure the House that the Zimbabwean Government are under no illusions of our strong condemnation of the ongoing abuses.

The enduring uncertainty over the timing of the next elections is at the centre of much of the abuse. Under the terms of the existing constitution, elections must be held by June 2013. What is crucial is that polls, when held, are preceded by the necessary reforms and avoid the devastating levels of violence that were seen in 2008. To that end, the UK fully supports the efforts of SADC, particularly those of South Africa and President Zuma, as they work with all three main Zimbabwean parties to agree a path to the finalisation of the GPA and a road map to elections. I assure my hon. Friend that the road map will include key items, such as provision for proper observers and monitors, a fully independent electoral commission and an electoral roll that is fit for purpose. As he pointed out, it is vital that the police and army stay out of the electoral process.

Regional engagement is essential. No country exists in a vacuum. I certainly agree with my hon. Friend that the recent Zambian election provides an impressive regional role model to follow. We, as outsiders, have only a secondary role to play, but I assure Members that we have been absolutely explicit in assuring the southern African region of our commitment to and full support for their efforts. We stand ready to do more if called upon, and have made clear, for example, our willingness to participate in the provision of international monitors.

As for the EU’s targeted measures, we have made it crystal-clear—I say this clearly to the hon. Member for Vauxhall (Kate Hoey)—that we stand ready to revisit the measures only in response to concrete changes on the ground.

Zimbabwe is facing an absolutely critical time. Lessons must be learned from what has happened elsewhere in Africa, including northern Africa. A free and fair poll, which respects the will of the democratic majority of Zimbabweans, should follow the example of Zambia—

Oral Answers to Questions

Debate between Lord Bellingham and Ian Paisley

Tuesday 14th September 2010 Commons Chamber

[Mr Bellingham]

The UK supports the UN special rapporteur’s call for the UN to consider a commission of inquiry, and we are working to build international support for that and putting a lot of emphasis on it. I am grateful to my hon. Friend for his question.

[Ian Paisley (North Antrim) (DUP)]

Will the Foreign Secretary take the opportunity to update the House on the kidnapping and unlawful detention of the Israeli soldier Gilad Shalit? What steps can the UK Government take to secure his release?