Crime and Courts Bill [Lords]

Debate between Guy Opperman and Paul Flynn

Monday 18th March 2013 Commons Chamber

[Guy Opperman]

I hesitate at any stage in my parliamentary career to disagree on a matter either of parliamentary protocol or of statutory interpretation with the éminence grise that is my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg). However, on this point I would disagree with him, because although the charter has to be brought to fruition through this House, it is clear that it is part of the common law. Its ongoing interpretation will be a common-law interpretation by a variety of High Court judges, who will spend a lot of time decoding, interpreting and attempting to fathom the provisions not only in the manuscript amendments but in the original proposals for the charter and the subsequent amendments that we received overnight. So, on this particular point, I disagree with my hon. Friend.

I suggest that this is a pragmatic resolution of a difficult parliamentary dispute. It is an all-party solution that accepts the fundamental principle that the Press Complaints Commission was patently not fit for purpose and was clearly letting people down. As my hon. and learned Friend the Member for Harborough (Sir Edward Garnier) made clear in his well thought-out and eloquent speech, the PCC was unable to handle the large disputes of fact and law pertaining to the serious libels and slanders that take place in the media. It was extremely good at dealing with the local press and with low impact resolution-type cases such as those involving £10,000 payable for defamation, for example, but it struggled desperately to cope with the large media organisations and the particularly malign and difficult cases that, sadly, had to go to court.

That brings me, in the limited time I have, to the issue of costs. It fusses me tremendously that the position of an individual litigant in a case will not change that much. The royal charter might introduce a free process, in the sense that there is no claim form, unlike in normal litigation, but it will be free to those who are successful, because they will have some form of protection. The problem is that an individual litigant without means who lives in a suburban street in Hexham, for example, will still be unable to bring a course of action against a large media organisation. Contrary to the best efforts of those on both Front Benches, arbitration is still a complex, expensive and difficult process through which to navigate. It is also the case that while simple arbitration can and will be resolved on a relatively speedy basis, for the large cases that so concern us—everything from the Dowlers downwards—arbitration will take months at the very least, if not years, and will cost money.

That brings us back to the point of whether an individual who is so maligned by the press will be in a position to bring a course of action against a newspaper on the present basis of financial support. If that is lacking to such an individual, I struggle to see that happening. The individual would have to go to organisations such as the Free Representation unit or the Bar Pro Bono unit. I suppose I should make a declaration not only that I was involved with those organisations as a mediator, but that, statutorily speaking, I am still owed money by the Government for the work I did on behalf of the Government. That is, however, a side matter.

Finally, speedy laws done at the last minute—despite the massive efforts over many months by the Minister for Government Policy, my right hon. Friend the Member for West Dorset (Mr Letwin) and others—will always need improvement. The improvement ability of this royal charter is exceptionally difficult and, as was explained earlier, is part of the problem of having a royal charter. The difficulty is now passed to the House of Lords, which has a solitary day to consider all the provisions in the charter, the amendments and the manuscript amendments in circumstances in which, I suggest with respect, there cannot be reasoned debate or reasoned assessment. If we could address that particular problem, things would improve massively. The reality in the end will be that High Court judges will assess the royal charter on a common-law basis and interpret it as best they can—with all the ramifications that we would not wish to see on an ongoing basis.

[Paul Flynn]

I rise to challenge the hyperbole of the Government Front-Bench team on this particular measure, which will not be a great Act that will bring new liberty to the country. It describes itself as a royal charter presumably in the hope that it will gain the respect that other royal charters have. One effective example is the one under which the BBC operates. At one time in my life, I had duties as a member of the Broadcasting Council for Wales to decide on political balance in broadcasts. Everything was decided on the basis of ensuring that those broadcasters who had air time represented the views of the country—not easy when it came to deciding on Welsh language broadcasts where one party was predominantly represented by Welsh speakers. It had to be done, and we found a way of dealing with the press that was effective and balanced.

No attempt could really be made to impose a political balance on our national press, which was described by Aneurin Bevan as

“the most prostituted in the world”.

We see that that is still true if we look at today’s newspapers and examine the way in which the Daily Mail, for example, devoted six days of front-page headlines, including in The Mail on Sunday, to one subject—to attack the Liberal Democrats. Other things were happening in the world, but day after day we had this political tract seeking to affect the results of a by-election.

As my hon. Friend the Member for Linlithgow and East Falkirk (Michael Connarty) said, we should look at the proprietors as people who have immense power—power without responsibility—so that even elected Prime Ministers pay court to them. John Major, for example, was threatened with having a bin dumped on his desk by the editor of The Sun. Tony Blair flew to Australia to pay court to the empire of Murdoch. We know that my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown) and the present Prime Minister were in close relationships, socially, with editors, and we have been given a very unhealthy revelation about cabals who are far too close to, and have too much interest in, the press, the police and politicians. That is a worrying situation.

Combat Troop Withdrawal (Afghanistan)

Debate between Guy Opperman and Paul Flynn

Wednesday 7th November 2012 Westminster Hall

[Guy Opperman (Hexham) (Con)]

I support the troops fighting in Afghanistan, particularly my regiment, 39 Royal Artillery, who are doing an amazing job. Does the hon. Gentleman not accept, given that the title of this debate refers to the withdrawal of troops, that our troops are in Afghanistan at the invitation of an Islamic Government, and party to a United Nations resolution? Surely that is the fundamental basis on which we have sent our troops there.

[Paul Flynn]

The hon. Gentleman should reread the title of the debate; it refers to the withdrawal of combat troops. We are not suggesting that those troops should not be responsible for the essential work that must be done when withdrawing from a field of conflict. We are talking about withdrawing our combat troops in the same way that Canada, the Netherlands and other nations have withdrawn theirs.

I pay tribute to the valour and professionalism of our combat troops. They have served the country honourably, and they are as distinguished as any of their predecessors in our great military history. I speak as the proud son of a soldier.

Dan Collins lived for the Army. His e-mail address began “Army Dan”. He served in the Welsh Guards; all he ever wanted to do was be a soldier. He served in Northern Ireland, Iraq, Bosnia and Afghanistan. He was shot twice—once in the back and once in the leg—and survived. He also survived two incidents involving explosives. The terrible thing that happened to him was not coming near to death on those and other occasions; it was the nightmare of seeing his best friend’s limbs blown away. Dan Collins held him as he died and watched the life drain out of his eyes. It was a picture that tormented him. In January this year, he took his own life.

Dan Collins is not recorded on the list of the UK Afghan dead, but he died because of what we as Members of Parliament decided to do, by acts of omission or commission. Amid all our debates—they may well have wearied some, because we have repeated the truths so many times—both Governments have relied on fiction to justify the war, and they are still doing so.

--- Later in debate ---

[Paul Flynn]

One of the joys of having a blog is that everything one says remains on it. I will send my hon. Friend a letter that I sent to Tony Blair in 2003. I told him that if we joined Bush’s war in Iraq, we would not reduce the threat of terrorism, but increase it. If we did that without getting a settlement in the Israeli-Palestinian situation, the Christian west would again seem to be using unfair double standards against the Muslim population of the world—that is how it would be interpreted. We have now done the same in Afghanistan. All kinds of false conclusions have been drawn, but what we have done is not reduce the threat of terrorism, but increase it by giving a cause to young Muslims, from the ones in my local mosque to those in the far corners of the world. That is quite the reverse of what we claim to be doing.

Have the young men and women who died reduced the threat of terrorism in this country? They have produced a situation such that most of the Muslim population throughout the globe believe that all we do is badly intentioned as far as the Muslim world is concerned. That foolish piece of tawdry film was made, but such is the conviction among the Muslims of the planet that there were riots in many places, because they believe that we wanted to insult the Prophet. The division between the Christian and Muslim communities of the world has been deepened by the actions of all Governments in this country and by our presence in Afghanistan. The claim about what we are doing there is not true.

Another, even uglier side of the situation was exposed recently in The Sunday Times after one of the leaders of this country’s Army, Sir—I do not know how long he will be a sir—John Kiszely, was filmed revealing his intentions and ambitions in life. This is a man who has been honoured in his country, but when asked if he was willing to prostitute his insider knowledge and his energies in order to serve the commercial cause of a foreign arms dealer, he said—he has not denied it—yes, he would go along with that, it seemed a good idea, and when he was waiting for the Queen to arrive at the Armistice service there would be a chance to talk to important Ministers, which was “a great marketing opportunity”. It is the most solemn time of year, when we mourn the deaths of the millions of our people who have given their lives in battle, and one of the people there regarded it as a great marketing opportunity.

Deeper than that, however—I am not into conspiracy theories, but the ideas come forward as one ages in life—is the question whether we have a military-industrial complex. Extraordinarily, 3,500 very senior members of the armed forces have moved into arms firms since 1996. They have done their service in war and retired at a relatively early age after 20 years, and 3,500 of them are working for arms firms. On the other side, there are members of arms firms who are deployed in the Ministry of Defence. So we have a monstrous entity, a Siamese twin, created from the military and the arms firms, whose prime objective is perpetual war. If the wars stop, their influence and profits stop and their activity ends.

Look at recent history: we went into Iraq in pursuit of non-existent weapons of mass destruction; we stayed in Helmand to protect against a non-existent Taliban terrorist threat to this country; and we are now being told that we should be prepared for a war with Iran to protect ourselves from non-existent Iranian long-range missiles carrying non-existent nuclear weapons. There are forces in the world—I do not accuse the Government of this—looking to keep the industrial-military complex going in the interests of jobs and profits, while on the other side are the Dan Collinses, the people who die in war.

I believe that we can follow the example of Canada, which lost a large number of combat troops—a higher proportion of deaths relative to its population than any other country in the world. It decided to pull out of Afghanistan, and in a debate in the Canadian Parliament all parties supported the decision. The Dutch took a bit longer—there was a bit more debate in the Netherlands about withdrawal—but again, the people who served in Afghanistan came out, their heads held high, their mission over, because they saw the hopelessness of staying longer. Why can we not do the same? That is what the country wants. We should not send another soldier into battle.

The reason that our soldiers are being sent into Afghanistan now is to act as human shields for political reputation. From the history of warfare, we know how politicians have generally played an ignoble role, and that is true at the moment. The fear is that withdrawal will expose the mistakes of the past. Constituents of mine and their relatives have to face the bitter realisation that, in the consolation they have clung to by saying, “My son died in a noble cause,” or “My daughter died for a worthy cause,” they were deceived. They will have to face the reality that there was a deep deception. Politicians shrink from that conclusion. They do not want to face up to it, because it is unbearable to think that their decisions as Ministers or shadow Ministers led to deaths that were in vain, but that truth has to be seen. There will be an inquiry, perhaps in five or 10 years’ time, about Helmand, and the unpalatable truth will come out.

Last week, I attended the meeting of the Select Committee on Defence when it discussed defence procurement. A number of questions were dealt with, and it was a rather laid-back session without a great deal of conviction on either side. I got the impression that the Committee members and the officers, who had often met, were going over riddles that had been solved a long time ago. In that session, Brigadier Doug Chalmers, who has just returned from commanding Britain’s force in Helmand, said that the Afghan commanders were “equally shocked” by the blue-on-green attacks, but that after talking to British soldiers engaged in advising and training Afghan forces he was sure the attacks had not dented their morale—a completely implausible statement. Of course it has dented their morale.

During that session, when asked by the Chairman whether he seriously believes that Afghan forces will be sustainable once NATO-led troops give up their ground combat role, the witness replied that it was

“as assumption we have to make”.

He clings to that comfort blanket because the realistic answer is unpalatable. Facing the truth is unpalatable. He cannot do that. When asked to whom the Afghan police and army will give their loyalty when we leave, he said that he hoped it will be the elected Government—a forlorn hope. I hope we can at least face reality this morning.

I was worried that the commemoration of the great war would be used in a way that again avoids the truth—that dodges the truth. I have every confidence in the Member of Parliament who is in charge, because he was one of the 12 in this Parliament who voted against the Iraq war, but I find the conclusion of the Prime Minister’s speech on the subject disturbing. He said that we are going to commemorate the war—but there were 16 million deaths: what conclusion are we going to reach? Most of us would reach the conclusion seen in the works of Siegfried Sassoon, Robert Graves or Wilfred Owen, but I do not think that is what the Prime Minister has in mind. He concluded:

“At the end of the war, a 20-year-old soldier in the great war wrote, ‘but for this war, I and all the others would have been party to oblivion like the countless myriads before us, but we shall live for ever in the result of our efforts.’”

The person who wrote that was killed the following week. He did not live for ever; he was not immortal; the Prime Minister did not even mention his name. He went into oblivion, like all the others, another of the 16 million deaths in that war. There should be no question of glorifying and fictionalising that war as we are doing with the deaths in Afghanistan.

[Guy Opperman]

No one is glorifying or celebrating the loss of any British soldier. Surely the hon. Gentleman accepts that. We are celebrating and supporting our troops and their commitment. Does he accept that well over 100,000 Afghan troops and police have been trained by British and other troops to maintain law and order to the best of their ability after withdrawal?

[Paul Flynn]

Yes, I do, but I know from a report from the United States that only 7% of them are capable of acting alone. One third desert every year. We have given them the job of guarding prisoners, but in one incident 500 prisoners escaped. Many soldiers and policemen use the drugs that we are there to eliminate. The police are hated in many parts of Afghanistan not only because they are endemically corrupt and always have been, but because, unlike the Taliban, they practise bacha bazi—a perverted abuse of young boys that has always been part of the Afghan police’s tradition. Does the hon. Gentleman really believe that the Afghan army and police will behave like British bobbies or British soldiers? That will not happen. They will revert to the cruel practices of the past. Afghanistan is a country of massacres and inter-tribal bloodshed between the Hazaris, the Baluchis and so on. The idea that we can impose our will by passing an Act in Parliament is a myth.

Whenever such issues come up on television and a new death is announced, BBC News 24 and Sky News bring in the same old regular half a dozen people—someone from the Royal United Services Institute, or a leader of our soldiers in Afghanistan—to say the same soothing words. Rarely do we hear the voices of my hon. Friends and those of us who opposed this bloody war for the past 11 years. We are rarely heard.

There is a new fiction, being used—astonishingly—by the new Secretary of State for International Development. She took me to task when I said that the result of this war is that we have lost 437 UK lives and uncounted Afghan lives, and 2,000 of our troops have come home broken in body and mind. Eight Afghans were killed in one day in September. August was the worst month for Afghan civilian deaths in the whole 11-year period, but the Government wanted to conceal that. There was no event to mark the 11th anniversary of the start of the war, but there were celebrations for the anniversary of James Bond on that same weekend. We try to hide the deaths by diverting coffins from Royal Wootton Basset and taking them around back lanes. The Government have twice tried to stop the naming of the dead at Prime Minister’s questions. It was moved to Monday, and then to Tuesday. Only because Back Benchers were angry and wanted it back where it belonged, so that it received the attention of Parliament and the press, was it moved back.

We now have a new and breathtaking fiction that we will hear about this weekend. I told the Secretary of State for International Development that 2,000 of our soldiers had come back broken in body and mind, and that if the pattern of the Falklands war and the Vietnam war continues, more of our soldiers will take their lives in the years to come than died in combat during the war.