Al-Sweady Inquiry Report

Lord Coaker Excerpts

Wednesday 17th December 2014 Commons Chamber

[Vernon Coaker (Gedling) (Lab)]

I thank the Secretary of State for advance sight of his statement and for providing a copy of the inquiry report this morning. I also join him in thanking Sir Thayne Forbes and his team for their diligent work and comprehensive and conclusive report.

As the Defence Secretary said, our armed forces are the best in the world. British servicemen and women carry out their duties with bravery and distinction, and we owe them all a debt of gratitude for their service to our country. They often face the most difficult and challenging conditions. The battle of Danny Boy in southern Iraq in 2004 was one such occasion when the battle was ferocious and our troops were in great danger.

As the Defence Secretary rightly pointed out, five soldiers were awarded the military cross and one the conspicuous gallantry cross. As well as their courage, British soldiers pride themselves on their conduct in battle and the high standards to which they are held and indeed hold themselves. Does he agree that they are and will remain accountable both to international law and to the Geneva convention?

Does the Defence Secretary also agree that this House and any UK Government are not afraid to be open and frank when those high standards are not met and our armed forces do not adhere to the conduct expected of the British military? There are many examples of that—most strikingly, the statement of the Prime Minister and the Leader of the Opposition in 2010 after the publication of the report of the Saville inquiry into the events known as Bloody Sunday, and the response to the Baha Mousa inquiry. It should be a source of pride that we are a country where that can happen.

Does the Defence Secretary agree that, likewise, we will not tolerate calculated, malicious and baseless untruths against our servicemen and women? This report states in those very terms that the serious allegations that precipitated the inquiry were just that. There were no unlawful killings on the battlefield, no mutilation of bodies and no executions in custody. I want to establish that very clearly before I ask him some questions about the report’s findings.

In dismissing the serious allegations made against British troops, the report nevertheless draws attention to some areas where we should learn lessons. Opposition Members support the conclusions and recommendations of the report. Does the Defence Secretary agree that the implementation of its nine recommendations can be achieved with speed and efficiency? We will support him in achieving that.

The report says that the conduct of some individual soldiers did amount to actual or possible ill treatment. I of course join the Defence Secretary in expressing regret that that occurred. It is not acceptable. Have the soldiers been identified? Are they still in service and, if so, what steps are being taken to address those concerns? The report states that Ministry of Defence procedures in place at the time might have contributed to what happened. Can the Defence Secretary confirm that, if those procedures have not been updated already, they will be reviewed now?

The report identifies ways in which we might be able to avoid the need for such costly inquiries in future. I share with the Defence Secretary the concerns about the legal representatives and the legal process in this instance. In that sense, the recommendations in the report will ensure a better way of examining allegations against the armed forces, avoiding unnecessarily cumbersome processes and, as he pointed out, significant financial costs.

What progress has been made on the collection and storage of and ability to search documents and other records? Has the shooting incident policy been reviewed and updated? Are there plans to do so? What changes have been made to the recording of the circumstances of a prisoner’s detention? More generally, how does the Defence Secretary plan to review any shortcomings in existing practices and procedures, and ensure that they are updated and amended?

In its conclusion, the report compared, as did the Defence Secretary, the testimony of those alleging and those being accused. The report said that the Iraqi witnesses were

“unprincipled in the extreme and wholly without regard for the truth”

while the British military witnesses were, by contrast, “truthful and reliable”, despite the difficulty and distress caused by recalling traumatic events of battle. I think the House will join me in saying that that speaks for itself—and it speaks volumes.

[Michael Fallon]

I am grateful to the shadow Defence Secretary for what he has said and for the tone in which he said it. I agree with his comment about the baseless untruths. He started by saying that our armed forces must be accountable to the law, and it is important to emphasise that—that they are accountable under both domestic law and the law of armed conflict, and that where there are allegations they will always be investigated. We should be open and frank about that. Where instances of some ill treatment or harsh treatment occur, they should be fully and honestly investigated. I do think that there are very few countries and judicial systems that would put themselves through this kind of inquiry to get to the truth.

The hon. Gentleman asked me some specific questions. On the recommendations, I am studying the report in detail and I will respond, as is customary, within the next few weeks on the detail of the recommendations. I hope it is clear that I accept the spirit of them all and the principle behind them all. I just have to look at some of the practicalities of implementing at least one or two of them.

I do not have any up-to-date information about where the personnel are currently serving. Perhaps the hon. Gentleman would allow me to write to him on that specific point.

On the procedural changes, these were the procedures that applied 10 years ago, in 2004. Sir Thayne himself acknowledges that many of the procedural changes have already been introduced. On the public inquiry, it might have been easy for the incoming Government—the inquiry was set up under the previous Government—simply to halt the public inquiry, but I believe that it was the right decision to allow it to run its course. However, we now have the Iraq historic allegations team, which will be able to get at the truth of these allegations probably in a different format and a little more quickly than a public inquiry, inevitably. That is not a criticism of Sir Thayne—far from it.