Sgt Alexander Blackman (Marine A)

Lord Lancaster of Kimbolton Excerpts

Wednesday 16th September 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I start, of course, by congratulating my hon. Friend the Member for South Dorset (Richard Drax) on securing this debate on an emotive case that has continued to be of concern to many people. I also congratulate, on their passionate contributions, my hon. Friends the Members for Taunton Deane (Rebecca Pow), for Beckenham (Bob Stewart), for Eastleigh (Mims Davies), for Elmet and Rothwell (Alec Shelbrooke), for Wells (James Heappey) and for Plymouth, Moor View (Johnny Mercer) and the hon. Members for Strangford (Jim Shannon), for Stirling (Steven Paterson) and for Makerfield (Yvonne Fovargue).

Standing here now and having listened to the debate, I am remembering that it is nine years since I served in Afghanistan, in the summer of 2006. I listened to the contributions of some of my hon. Friends, but frankly my tour was quite unremarkable. It bore no significance compared with the experiences of the Royal Marines in Afghanistan, in Helmand, and I seek to make absolutely no comparison between my experiences and theirs. I am, however, very mindful, when I think of that time, of just how far away we are today in the House of Commons from Helmand all those years ago. I am very mindful of that.

In the days before this debate, I spent considerable time considering this case. I have read in detail the full internal review and have seen the headcam tapes presented at trial. As part of my wish for transparency, I arranged court permission and offered my hon. Friend the Member for South Dorset (Richard Drax) the opportunity to see the full unredacted footage alongside me this morning, in my desire to understand the wider issues. I have discussed the case and appeal with a number of military officers, including both commanding officers. I share the concern of many for Mrs Blackman and am clear that the MOD must not stand in the way of a fair and just consideration of this case. I am, however, equally clear that no serviceman or woman of our armed forces is or can be above the law.

This case has been difficult for everyone connected to it. No one can see the clear pain of Mrs Blackman as she seeks to support her husband and not be deeply moved. Equally, we are all conscious that we cannot fully appreciate from the safety of the House the challenges of operations in extraordinary and dangerous circumstances, and these are extraordinary challenging circumstances, with extraordinary people doing an extraordinary job. I know that the House will join me in recognising the Royal Marines for their huge contribution in Afghanistan during many gruelling operational tours. [Hon. Members: “Hear, hear!”] We are justly proud of our soldiers, sailors and airmen—of the work they do and the way they conduct themselves. We hold our armed forces to a higher standard, and we are right to do that. Our men and women must be better than those they confront; they must set a higher standard and, even when provoked, must hold to their professional standards. Our Royal Marines fight hard, but they fight fair.

We as Members of Parliament and I as the Minister responsible for service personnel have a special duty to these people and their families. It is right that we have undertaken the review to learn the lessons from this incident, and I recognise the public interest in seeing the report in full, but I must weigh that against being fair to individuals named in the case. For that reason, I have agreed to the release of the executive summary, recommendations and letter from the Fleet Commander, with the only redactions being individuals’ telephone numbers and a relatively junior civil servant’s name. I have also withheld the bullet points that relate to an individual who has not yet been named in the media. Simply due to the shortness of time between the announcement of this debate last week and today, I have been unable to follow the full process required under the Data Protection Act, but let me make it clear that it is my intention to unredact those paragraphs as well in due course.

I have, as I said, read the full report in detail. It is a full and frank assessment and contains detailed information about our tactics and operational security. It is my view that its unredacted release into the public domain would breach our ability to conduct campaigns in the future. However, as hon. Members will have seen from the 17 recommendations released today, the Royal Navy, alongside the other services, is pursuing detailed implementation plans, many of which are already well advanced. I have spoken today to the Fleet Commander, and he assures me that he is tracking and pressing progress and this is a matter treated with the utmost seriousness.

That said, I remain convinced that transparency is the key in this case and I am keen to provide it. Therefore, if Sergeant Blackman’s defence team wished this report to be considered by the Criminal Cases Review Commission, the MOD would provide them with a confidential copy.

I hope that this release quashes the claims that the MOD is trying to undertake some sort of cover-up or conspiracy in this case; that is simply not the case. With regard to the legal case itself, Sergeant Blackman and two marines under his command were charged with and prosecuted for murder. They were tried in an independent and impartial judicial process. Guilt or innocence is decided by a panel made up of military personnel who understand the unique challenges that our service personnel face. The two marines were acquitted, but Sergeant Blackman was convicted. A great deal of evidence was heard in the trial of the immense stresses and strains of the operational context. Sergeant Blackman’s company commander during the time of his deployment gave evidence at the trial. He outlined the tactical situation and difficulties faced by troops located in patrol bases. I do not think that those personnel underestimated the immense challenges that Sergeant Blackman, and so many of our people, faced during that time.

[Johnny Mercer]

We can say that somebody is in the military, but that is clearly a very broad church. What steps were taken to ensure that the individuals who were passing judgment on this soldier had relevant personal experience of the pressures that that individual was placed under at the time?

[Mark Lancaster]

My hon. Friend tempts me into getting into the details of the preparation for the particular court martial. Of course, he will understand that it is right that, as Ministers and Members of Parliament, we do not seek to start influencing the way in which these trials are conducted. I do not know what the process was. There would have been a balance, of course. Anybody who knew Sergeant Blackman probably could not sit in judgment against him. However, my hon. Friend will forgive me if I avoid being drawn into those sorts of detail, because I do think that would be inappropriate for someone in my position.

Sergeant Blackman appealed against his conviction and sentence to the court martial appeal court. It is important to note, given the concerns that some have expressed about the court-martial process, that that court is made up of the same judges as sit in the civilian Court of Appeal. The court martial appeal court, chaired in this case by the Lord Chief Justice, upheld the conviction and the sentence. However, it reduced the minimum term, as has been said, from 10 years to eight.

I understand that Sergeant Blackman and his legal advisers are considering whether, as their next step, there is any new evidence that they would wish to put to the Criminal Cases Review Commission, with a view to its being referred to the court martial appeal court. This is a legal matter and not a decision for Ministers, but let me reiterate: should that happen and should either the commission or Sergeant Blackman’s legal representatives make a request for the review or elements of it, I reassure hon. Members that the Ministry of Defence will, of course, co-operate fully to ensure that justice is done. To be perfectly clear, I mean that I would be willing to release the report in full, on a confidential basis, to either the defence legal team or the commission.

I began by saying that I was fully aware of the concern felt by many regarding the case. I recognise and accept that it remains difficult for some to accept the decision of the court martial and the court martial appeal court. The system seeks to combine independence and legal professionalism with an appreciation of the military context and the realities of military life. The civilian judge advocate gives direction on the law, and military personnel decide on guilt or innocence. It should not be forgotten that in this case they acquitted two of the accused. Where there is a conviction, they decide with the judge advocate on the sentence. An appeal can be made to the highest and most experienced judges, and there is the possibility of further review if important new evidence emerges. This is, rightly, an independent judicial process, not a political decision. I respect the system, and hope that hon. Members will do so as well.