Northern Ireland (Executive Formation) Bill

Debate between Hilary Benn and Michael Fallon

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 9th July 2019 Commons Chamber

[Sir Michael Fallon (Sevenoaks) (Con)]

I hope that the right hon. Member for Belfast North (Nigel Dodds) will forgive me if I do not address his amendments directly. I thoroughly support them and hope that he feels encouraged after tonight to continue to pursue them when it comes to any further negotiation that may take place later in the year.

I shall speak to amendment 7, which stands in my name and that of my hon. Friends, although I should make it clear, as I think my right hon. Friend the Member for New Forest East (Dr Lewis) did, that I fully endorse amendment 6 as well, both in respect of preventing the re-investigation of cases—sometimes more than once—and his suggestion that a time limit should be considered, rather than an amnesty.

My amendment is narrower in its focus. It is designed to encourage the Secretary of State and the judicial authorities in Northern Ireland to focus on the difference between the soldier and the terrorist—the soldier, who had a duty to the state, who had a duty to protect life and property; and the terrorist, who went out to kill or to maim. That difference, which we discussed in the Chamber a year ago and have already begun to discuss again tonight, seems to have been forgotten, swamped by a kind of moral equivalence. In my view, the distinction should be clear: armed troops are not civilians. They have a duty to the state. They must obey the chain of command. They are issued with lawful weapons. They are trained how to use lawful weapons, and indeed they are punished if they are found to be misusing them. They do not, unlike the terrorist, set out each morning with the intent to kill. The terrorist, by contrast, has at some point acquired an unlawful weapon—an illegal gun or a bomb—and would be doing that only if he or she intended to do harm with it.

In recognising the problem, which has been alluded to, of the convention on human rights and the difficulty of treating one group separately from another, I would like the authorities in Northern Ireland, and in particular the Attorney General for Northern Ireland, to think more deeply in approaching this issue about the presumption of intent. I would like the report we are asking for in this amendment to consider future prosecution guidance that would properly take into account whether or not a lethal weapon was involved and whether or not it had been legally authorised or acquired. It is a narrow amendment, but I think it would help the authorities to pursue this matter more clearly.

[Hilary Benn (Leeds Central) (Lab)]

I rise very briefly to support the amendments moved by the right hon. and learned Member for Beaconsfield (Mr Grieve), although I have to say I find it extraordinary that we are even having a debate about Prorogation. I hope that the very idea of proroguing Parliament to deny Members of this House the chance to express a view about the Brexit process at the vital moment—whichever side of the debate one is on, it will have enormous implications for the future of our country—will seem to many so outrageous, so underhand and so shocking. I cannot really understand why any Member, when presented with the proposition, would not say, “Well, that is completely out of the question.” It is a direct threat to our ability to have our say and to express our views.

The second point I want to make is that, if the new Prime Minister were to think, “I might be able to get away with it,” and Prorogation were to happen, it is important that he understands—I am confident of this—that there would be many Members of the House who would be determined to sit, meet, debate and express their view anyway. I do not believe that the House of Commons would be silenced in those circumstances. It would profit the Prime Minister nothing if he were to attempt to do that. I hope the idea will disappear into the dustbin of history where it belongs. If we do not succeed in putting the idea there by persuading the new Prime Minister finally to come forward and say, “Okay, I will never do that in any circumstances,” then voting for the right hon. and learned Gentleman’s amendments tonight will be a very important step in helping it on its way.

Counter-Daesh Update

Debate between Hilary Benn and Michael Fallon

Thursday 13th July 2017 Commons Chamber

[Sir Michael Fallon]

I am grateful for my hon. Friend’s question and I pay tribute to his own service. It is worth reminding the House that we are in Iraq at the request of the Iraqi Government. Everything that we have done as part of the coalition has been with the authority and at the request and invitation of the Iraqi Government. Although we have not entered into those discussions, I anticipate that the Iraqi Government would welcome the continuation of the coalition’s training effort and indeed the support of air power until Daesh is completely eliminated from their borders.

[Hilary Benn (Leeds Central) (Lab)]

We all welcome the progress made in defeating Daesh in Mosul and Raqqa and pay tribute to the bravery and tenacity of the forces on the ground and in the air in liberating so many people from Daesh’s cruel yoke. The Secretary of State has set out in great detail the effort that the RAF makes to avoid civilian casualties—rightly, in view of the terms of the resolutions of September 2014 and December 2015 that the House passed. Is he satisfied that all our partners in the air campaign are making the same efforts to avoid civilian casualties?

[Sir Michael Fallon]

Certainly, as far as I can be. There are coalition rules of engagement and there are slightly different rules of engagement for each country involved in the campaign. It is perfectly true that targets have been offered or discussed within the coalition that we have chosen not to strike because of the rules that we apply. Each country approaches the matter in a slightly different way. However, the principal dozen air forces involved all work together in the same headquarters, and the rules that apply have become closer over the duration of the campaign. It is worth saying that, sadly, it is simply not possible to liberate a densely populated city such as Mosul without civilian casualties. Of course, those casualties have been made much worse by Daesh’s policy of holding civilians hostage in buildings, shooting people trying to escape the city and generally making the population continue to suffer.

Liberation of Mosul

Debate between Hilary Benn and Michael Fallon

Tuesday 18th October 2016 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

We all wish the forces embarking on this operation well. Is the Defence Secretary aware of any arrangements that are being put in place as the liberation proceeds to collect evidence, including forensic evidence, of crimes that have been committed? As well as defeating Daesh in this city, it is important that those responsible for the most awful crimes are held to account in a court of law.

[Sir Michael Fallon]

The whole House would endorse that. The answer is yes, it is for the Iraqi Government to lead on that. This is an Iraqi operation, but my right hon. Friend the Foreign Secretary made it clear in New York recently that we will be looking for sufficient evidence to indict in some form or other the leaders of this barbarism in recent years and see that they are held properly to account. With other countries in the coalition, we are also looking to see how we will treat our own foreign fighters who may be detained and potentially returned to this country, to make sure that they, too, are held to account for any crimes that they may have committed.