Afghanistan: Independent Inquiry

Edward Leigh Excerpts

Thursday 15th December 2022 Commons Chamber

[Dr Murrison]

I am grateful to the hon. Gentleman, and I pay tribute to his brother for his service. Justice Haddon-Cave is no ordinary judge; he is one of the most senior members of our judiciary, and he has been selected by the Lord Chief Justice for this task because of that. It therefore follows that he is perfectly capable of appreciating the complexity of this issue. I hope that that gives the hon. Gentleman the reassurance he seeks.

As for the further conduct of the inquiry, that will now be a matter for Lord Justice Haddon-Cave; it certainly will not be a matter for me. I underscore that this is an independent inquiry, and it would be entirely improper for me, from this point, to comment further on its conduct. As I understand it, Lord Justice Haddon-Cave intends to issue a statement of his own shortly.

[Sir Edward Leigh (Gainsborough) (Con)]

This Minister, of all Ministers, will be aware that our armed forces veterans are acutely depressed and angry about the fact that their political masters sent them into this impossible war, where they faced an enemy who was utterly merciless, who had no regard to any conventions—Geneva or otherwise—and who was unspeakably cruel. Of course, the Taliban Government will never have any such inquiry into their own forces. I know that we have the overseas operations Act, and the Minister rightly said that it creates a presumption against vexatious claims, but I would like to tease out from him how the inquiry will have a carefully calibrated investigation, and also that the bar for prosecutions will indeed be high. Otherwise, we will inflict a severe blow on the morale of the veterans of our brave armed forces. None of them wanted to go to Afghanistan—we put them there.

[Dr Murrison]

I very much appreciate my right hon. Friend’s point. We have focused on individuals in the questioning so far, and I would like to point out that our principal concern is elucidating any systemic factors that have not been investigated fully as a result of the investigations we have had up to this point.

In particular, I would expect Lord Justice Haddon-Cave to be mindful of ensuring that we are compliant with our obligations under article 2 specifically, and articles 2 and 3 more generally, as we are required to be under our treaty obligations, and to learn things more generally about what went on that may help us to improve what we do. That is the reason for the investigation. It most certainly is not to pillory individuals or to seek to repeat the service investigations by the service police that have already been done, which have been externally and independently validated, if that brings any comfort to my right hon. Friend.