Military Justice System

Debate between Bob Stewart and Duncan Hames

Thursday 31st January 2013 Westminster Hall

[Duncan Hames (Chippenham) (LD)]

I congratulate the hon. Member for Bridgend (Mrs Moon) on securing this important debate.

I reiterate the comments of my hon. Friend the Member for Cheltenham (Martin Horwood) about respect for everyone in our armed forces, including those who seek to ensure that justice within them is true and fair. I have, however, been dismayed by constituents’ concerns about possible miscarriages of justice, denial of fundamental rights and, in certain cases, abuse. That is in addition to serious allegations, well documented in The Times newspaper, by service personnel who have bravely decided to speak out. It takes courage to serve in our armed forces, so we should not be surprised that such personnel have found the courage to speak out about what they see as the closing of ranks above them.

Those who have come forward have highlighted worrying cases, including maltreatment of personnel, service personnel with criminal convictions as a result of otherwise casual processes and people finding their charges against others dropped without notice or due process. Some who have spoken out or rightly sought redress have been targeted with unfair sanctions or informal social exclusion. Ultimately, the huge time delays involved in having appeals investigated result in disillusionment, anxiety and resentment. In some cases at least, something serious has gone wrong, and appropriate investigation and review are warranted.

I fully appreciate that in some respects the military operate outside, or as my hon. Friend the Member for Beckenham (Bob Stewart) described it, supplement what we might normally consider the legal framework of civil society.

[Bob Stewart]

Superimposed, perhaps.

[Duncan Hames]

Much better—I defer to my hon. Friend’s choice of language.

The armed forces, I understand, are heavily reliant on a hierarchy that provides a rigid chain of command and that fosters and values highly the principles of loyalty and authority. Orders are given and orders must be obeyed. Such factors help us to understand the frame within which military justice operates, but can they ever be excuses for denying justice?

We have heard much about serious and criminal matters in the debate but, instead of repeating such points, it might be helpful if I drew attention to some issues to do with what one might think of as administrative justice and the operation of service complaints. Understanding the culture surrounding the issue is certainly relevant. I have received reports of hearings behind closed doors and of superior officers acting as both prosecution and, effectively, judge. Such matters, if allowed to happen, make access to a proper appeal process against those decisions all the more important. Furthermore, if the process is drawn out for as long as we read about in some cases, such appeals risk being rendered irrelevant on the ground by the time that they are concluded.

I hope that we all want to see values of independence and openness instilled into the proceedings, to restore the faith of service personnel in the system and to ensure that they receive justice. We have heard much reference to the better understanding of the situation that has come from the work of the Service Complaints Commissioner, Dr Susan Atkins. She has continually voiced complaints about the length of time appeals take to be heard and how, in some cases, appeals have not even been dealt with before people leave the armed forces.

When we ask for independent oversight of such processes, I have read that some people point to the role of Dr Atkins and say, “There you are, there is independent oversight.” What good is that independent oversight, however, if the Ministry of Defence does not act sufficiently to resolve the very criticisms that are aired by the Service Complaints Commissioner in her work?

I am anxious to leave time for the Minister to give a full response, and many of the concerns have been well aired. I add my support to the calls for a strengthened institution to provide independent oversight capability. Clearly one option is an independent ombudsman. I would like the Minister to address the parallels with the Independent Police Complaints Commission, and to say whether there is a case for equivalent powers in the oversight of military justice. The confidence of service personnel in how the system operates is important. We ask an enormous amount of them, and they go out of their way to protect others, so it is of great concern when we hear reports of instances, such as have been well outlined in this debate, of our armed forces being unable to protect their own.

The principles of transparency and accountability are key in reaching what must ultimately be everyone’s objective for the justice system. With transparency and the accountability that that brings, everyone is removed from any conflict or any temptation away from what is at the heart of any justice system: that the conclusions reached and the sanctions imposed are ultimately understood to be fair.