Armed Services: Claims

Lord Touhig Excerpts

Thursday 24th November 2016 Lords Chamber

[Lord Touhig (Lab)]

My Lords, the House is in debt to the noble and learned Lord, Lord Brown of Eaton-under-Heywood, for securing this debate. We have seen throughout the wide range of experiences and backgrounds that have contributed to this most important discussion.

On the eve of the battle for Iraq in March 2003, Colonel Tim Collins said:

“We go to liberate, not to conquer. We will not fly our flags in their country. We are entering Iraq to free a people and the only flag which will be flown in that ancient land is their own ... As for ourselves, let’s bring everyone home and leave Iraq a better place for us having been there”.

Sadly, not everyone came home, and the debate over the consequences of the outcome of the Iraq war rages on today. But for me those words express the very best of the tradition of the British Armed Forces when going into conflict. Those who join our Armed Forces become part of an organisation with a proud record, and they know at some time they may asked to put their lives on the line. So we must ask why some are seemingly obsessed about finding fault, seeking out allegedly guilty servicemen and ex-servicemen and branding them with allegations of terrible actions in Iraq and elsewhere. It is, of course, completely right that, when there is credible evidence of a wrongdoing, this must be investigated. However, in recent years, a whole industry has emerged which is fuelled by vexatious claims against the men and women of our Armed Forces. It is has become far too easy for large law firms to lodge a claim against our servicemen and women. Most notable was Public Interest Lawyers, which took 2,470 cases to the Iraq Historic Allegations Team; 70% of all the cases came from that one firm. This large number of referrals led the Ministry of Defence to complain to the Solicitors Regulation Authority. The Legal Aid Agency ruled in favour of the MoD and Public Interest Lawyers was stripped of its legal aid funding and ceased to operate in August this year.

Britain’s Armed Forces are subject to UK service law and the Geneva Convention, and allegations of criminal activity are rightly and properly investigated. If I reflect on my time as a Defence Minister, I recall speaking to many soldiers who talked about the split-second nature of decision-making on a battlefield, adding that there was not time for debate in the heat of war. I can completely empathise and understand their point, and I am sure that it is shared across the House.

Like many others, I am concerned about the increasing number of vexatious claims being put to the Iraq Historic Allegations Team, claims that are putting service men and women through endless scrutiny and questioning only for many allegations to be thrown out due to insufficient evidence. Jeremy Wright MP, the Attorney-General, recently told a parliamentary inquiry:

“I am convinced that at the end of this process the vast, vast majority of allegations will be found to be baseless”.

As I have stated, it is right that any cases of wrongdoing are investigated and acted upon. However, cases that are considered baseless should be disregarded so IHAT can devote greater time to those that deserve attention. Some 1,500 of over 3,367 cases were disposed of by IHAT straightaway. The IHAT deputy director, Commander Jack Hawkins, in evidence to the Defence Sub-Committee in the other place last week said that he was in the process of disposing of 700 more cases. That leaves a total of 1,167 cases still open to investigate. Commander Hawkins added:

“The number we are trying to get to and hope to get to by the middle of summer is 60”.

So between now and the middle of next summer, there have to be 166 case reductions per month to reach that target, which appears somewhat unlikely. Do the Government have a view on that? Commander Hawkins said:

“A lot of these allegations did not outline any criminal offence—they did not even mention a criminal offence—but they came to us for assessment”.

During that hearing, IHAT director Mark Warwick and Commander Hawkins were asked if they had ever been involved in the conflict in Iraq. They stated that no one working on the team had been involved in the conflict. To ensure its independence, IHAT cannot employ anyone who served in Iraq or has any direct relationship with Iraq. However, to make up for the lack of direct conflict experience, all new IHAT employees undergo a three-day induction process. Mr Warwick told the sub-committee:

“Part of that is about understanding the complexities and the unique situation and environment that we are now being asked to investigate”.

I would question whether three days is sufficient time to enable the team members to understand and appreciate the complexity of a conflict that lasted six years. Perhaps the Minister may have something to say about this when he replies.

When asked how often IHAT briefs Ministers, Mr Warwick answered:

“Rarely, in terms of our personal interaction with the Minister”.

I doubt whether this is adequate. Surely Ministers need regular briefings. Again, perhaps the Minister has a view on this that he will share with the House.

The 2015 Conservative manifesto promised that our Armed Forces would not be subject to persistent legal claims that,

“undermine their ability to do their job”.

The Prime Minister in her conference speech said,

“we will never again in any future conflict”,

allow Britain’s Armed Forces to be harassed. I support that objective, and I am sure that all of us would. But the Defence Secretary seemed to contradict her, saying that we will act to stop such claims only where this is appropriate. He said the Government intended to derogate from relevant articles of the ECHR in future conflicts. I believe that that is now the Government’s stated position. Article 15 of the ECHR allows derogation in times of emergency.

Serving soldiers and veterans have been under pressure when they have faced these investigations—often under terrible financial pressures. They, I am sure, welcomed the Defence Secretary’s announcement on 23 September that those who were facing criminal charges in IHAT investigations would have their legal fees paid by the Government. Again, perhaps the Minister might want to say something about that. According to the Guardian, the Ministry of Defence has already paid out £20 million in compensation. Are the Government paying out this money because it is justified or because it is easier than going to court? We need some understanding and clarification on that. Former soldiers have claimed that they have been hounded through the courts because of unfounded claims. Can the Minister say what the Government are doing to help these ex-servicemen, who are often separated from the forces and are not sure where they might turn for help and advice?

Now and in the future, our Armed Forces will not be able to operate to the best of their ability if there is a possibility of claims being brought against them years after operational duties have been completed. I echo the hope around the House that the Government will come forward with proposals to tackle this. While service personnel must always act within the law, we cannot allow members of the Armed Forces to feel that they cannot act in ways they deem necessary to meet operational objectives. The Opposition would work with the Government to bring vexatious claims to an end and show that we value the service, commitment and sacrifices that the men and women of our Armed Forces show every day.