Corporal Stewart McLaughlin

Dan Jarvis Excerpts

Tuesday 18th November 2014 Westminster Hall

[Dan Jarvis (Barnsley Central) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Weir. I congratulate my hon. Friend the Member for Wallasey (Ms Eagle) on securing this important debate. It is quite unusual for a member of the shadow Cabinet to secure a debate of this sort, and I pay tribute to her for the tireless campaign she has pursued over many years.

I also pay tribute to the McLaughlin family. For them, it has been a long march—or, to put it into regimental parlance, a long tab—but they have made a determined case throughout in a dignified way. We know that they are supported by an extended regimental family and that they carry the good wishes of thousands of people, not just in Merseyside but across the country.

This debate is important because it is about basic fairness to Corporal McLaughlin and his family; but it is also, more broadly, about the way in which we treat our veterans. Corporal McLaughlin was a tough and robust paratrooper, serving with 5 platoon, B company, 3 Para during the battle for Mount Longdon on the night of 11 June 1982. There is no doubt that he showed supreme courage and outstanding leadership during the battle. That was acknowledged in a recent letter from the Prime Minister, in which he said:

“I have no doubt of the gallantry and incredible selflessness that was demonstrated...through his actions on the Falkland Islands.”

We know that Corporal McLaughlin ran towards sustained fire, provided support to other platoons pinned down by Argentine forces, neutralised an enemy bunker and ran forward under fire to pull a wounded man back to cover. Although one man under his command was wounded, his entire section survived the battle.

As my hon. Friend said, a citation was written at the time by the commanding officer, Lieutenant General Sir Hew Pike, then a lieutenant colonel. We also know that, although now retired, Lieutenant General Pike has taken the unusual but much welcomed step of rewriting the citation. That rewritten citation was submitted to the Chief of the General Staff. Given the facts that have been outlined today, will the Minister consider whether she thinks it fair that the MOD is not prepared to look at the circumstances of this exceptional case?

We should also consider the wider message that the case sends to those who have served—our veterans. By recognising Corporal McLaughlin’s sacrifice, we send a message that as a country we value the service of our men and women, that we reciprocate their service by ensuring they are treated fairly and are not disadvantaged, and that when they are injured mentally or physically they are supported. We must also be clear that their families will be properly supported if they do not return home from the places where our country has asked them to serve and that their loss is formally recognised by our nation. I am sure the Minister agrees that that is the fair thing to do.

I am sure the Minister will have received advice from her civil servants about how to respond to this debate and I have no doubt that their intentions are honourable. However, they may be advising that no special case should be considered, and that doing so may set a precedent. They should know, however—my hon. Friend has already outlined this point and I have shared the detail with the Ministry of Defence—that there is already precedent. My hon. Friend cited some examples, but we know there are more besides, including of where an award was granted decades after the action that warranted it took place.

In 1858, Private Edward Spence of the Black Watch died from wounds he sustained during the Indian Mutiny. In 1879, Lieutenant Nevill Coghill and Lieutenant Teignmouth Melvill fought at the battle of Isandlwana; they attempted to get their regimental colours to safety but were eventually caught and killed. Those are two of six examples from the period. Until a change in policy in 1907, awards for gallantry were not made posthumously. After that change, the families of those soldiers were duly invited to meet the King and receive the Victoria Crosses they had for years been denied. Military historians—we know there are quite a few of them out there—will also know about the VC awarded to Major Edward Mannock in April 1919, some time after his death in action, after a strong campaign by his former comrades, led by Ira Jones, and through the support of Winston Churchill. Precedent is not an issue in this case.

Let us be clear: given the concerns that have rightly been raised and the facts that have been laid out, it is within the Minister’s gift to state that she feels this case is exceptional and merits further investigation. She could do that, and I hope she does so today. It would be warmly welcomed.

Corporal Stewart McLaughlin was a man who laid down his life for our country. He demonstrated supreme valour and made the ultimate sacrifice. He inspired his men that night and played a key role in sustaining the momentum that enabled 3 Para to win the battle of Mount Longdon. He left behind a family and a son, who is here today. We owe it to Corporal McLaughlin and his family, who have borne his loss for so long, to ensure an injustice has not been served. I believe that an injustice has been served and that we must put that right. It is only fair after what he has done for us.

--- Later in debate ---

[Anna Soubry]

I hear the power of the argument, but I fear that this may not be the only such case. Yes, I do believe that it would not be a good precedent, because of the 30 years. If it were not for the 30-year period, there would be much more merit. It is perhaps unfortunate that we did not have this debate many years ago, because we could perhaps have resolved this. However, it is the 30-year period that agitates concerns.

[Dan Jarvis]

rose—

[Derek Twigg (Halton) (Lab)]

Will the Minister give way?

--- Later in debate ---

[Anna Soubry]

For the very same reasons that no Government of any colour over the last decades has changed the system: we recognise the danger. Actually, awards for gallantry and bravery are different from service medals, if I may say so. However, the issue is the passage of time; it is the 30 years. It is also the fact that there is that five-year gap during which exactly such representations can be made by comrades—by senior officers. In this case, that did not happen. Those who serve and who know about the system say that it is not right and that it would not be fair, given the long passage of time—

[Dan Jarvis]

Will the Minister give way?

[Anna Soubry]

No, I cannot take interventions. I have taken three interventions, and I have had less than 15 minutes to try—

[Dan Jarvis]

Two.

[Anna Soubry]

Sorry, two interventions. If I can give way, I will. I do not know whether everybody has read the letter from Lieutenant General Jacko Page, who was the colonel commandant of the Parachute Regiment. If I do not have time to read out his letter to Corporal McLaughlin’s son, I will make sure everybody gets the opportunity to see it, because, in it, he expresses the position better than I am perhaps expressing it. He talks in very clear terms about the unusualness of this case. He says:

“This is an unusual case in that the system for the award of honours is, as much to protect those who do not receive an honour, kept confidential. It follows that there is no formal appeal process, and no ‘right’ to an award for a particular level of gallantry or bravery shown.”

[Dan Jarvis]

Will the Minister give way?

[Anna Soubry]

I will, but wait—sorry. The letter continues:

“Everyone who has knowledge of Stewart’s story recognises his outstanding courage and leadership on Mount Longdon, and how widely admired he was as a soldier. But the very essence of the citation system is that all those relating to a particular campaign should be contemporaneous with the events described, so that fair comparisons of ‘like with like’ can be made by the Committee in the process of selection and allocation of awards. Even a relatively short time after the event, let alone 31 years later, this disciplined methodology becomes, by definition, impossible. Language changes, perceptions change, memories change and the immediacy of the time is entirely lost. Above all, the necessary comparisons between citations cannot effectively be made. Moreover, it is hard to imagine how in practice the allocation process could fairly be opened to retrospective citations without extending the principle to all, not just in the Falklands Campaign but in every theatre. This would be wholly unimaginable; it simply could not be done.”

[Dan Jarvis]

Does the Minister want to run the risk of talking the debate out? Will she give way?

[Anna Soubry]

Yes.

[Dan Jarvis]

I am grateful to the Minister. Let me ask her a very simple question: has an injustice been served on Corporal McLaughlin? Yes or no?

[Anna Soubry]

I believe that his outstanding bravery has, indeed, been recognised, and it has been marked. The hon. Gentleman should explain that—