Military Action Overseas: Parliamentary Approval

Ian Blackford Excerpts

Tuesday 17th April 2018 Commons Chamber

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

May I suggest to the Government that we need to reflect very carefully on the important matters we are debating? I respectfully suggest that the Government should consider bringing forward a Bill that would provide the protections many of us in the House are arguing for today. I say that because legitimate questions are being raised about what the scope of that Bill or Act should be so that the Government, in exceptional circumstances, still have the power to act. We are not talking about a set of provisions that binds the Government and prevents them from acting in all circumstances; that would be ludicrous, and I do not believe that anybody would support that.

May I say that, as we have this debate, we must keep at the front of our minds the humanitarian situation in Syria? All of us in this House must have a desire to work together, and to work together internationally, to bring the war and the suffering in Syria to an end. May I also say that we ought to commend our armed forces for the way in which they have conducted themselves? We can be grateful that those who engaged in the activity last week, whether or not we agreed with it, returned to their bases in safety.

It is important at this time to reflect on the principles in this debate. This place may have no constitution, but it has long-held conventions that are based on precedent. In 2013, Parliament was recalled to debate the UK’s military response to a chemical attack in Syria. The UK’s political system has been turned upside down since then, and that appears to include parliamentary procedure and parliamentary sovereignty. The timeline of events last week showed our Prime Minister chasing the President’s timetable, rather than planning a recall. Parliament should authorise military action, and it is a disgrace that the Prime Minister appeared beholden to the US President, instead of to the UK Parliament. [Interruption.] I hear some Conservative Members saying “Rubbish”, but it is important that we examine these matters.

Let me say to the House that it is my contention that, if we had not been on recess last week, we would have had such a discussion—the nub of the problem, above all else, was the failure of the Government to recall Parliament—and there is no way that this House would have been able to avoid a debate on what was happening in Syria, particularly in the light of the tweets coming from the US President.

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

I was out last week in my constituency knocking on doors. As the right hon. Gentleman will be aware, my constituency is Washington and Sunderland West? My constituents asked me, “Why weren’t the views of the constituents of Washington UK taken into consideration, rather than the views of President Trump of Washington DC?”

[Ian Blackford]

I find myself in strong agreement with the hon. Lady, because the fact of the matter is that everybody else was discussing the Syrian situation last week; hardly any other subject has been discussed in our media. When all our constituents are rightly concerned about the humanitarian situation, the only people—the only ones—who have not had a voice are Members of this Parliament. That is to be deeply regretted.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

Does not the right hon. Gentleman agree that it is not acceptable and not good enough for the Prime Minister not to seek parliamentary approval before getting our brave servicemen and women involved in a military conflict? As he rightly says, thanks to the tweets of the stable genius, hundreds of millions of people were debating the issue in their house, but it seems that this House is the only one where we are not allowed to debate.

--- Later in debate ---

[Ian Blackford]

I think the hon. Gentleman is correct. Let me say this respectfully: we are living in challenging times; we all agree on that. We had the attack in Salisbury, and it is important that we tried to reach as broad a consensus as we could have done on that matter. I simply say to the House that it is in all our interests that we are able to debate these matters. Nobody is talking about tying the hands of the Prime Minister; all we are asking is that democracy can take place.

[Chris Philp]

First, we should keep it in mind that last week’s action was limited and targeted, not a more general engagement. To the right hon. Gentleman’s specific question on why Parliament was not recalled, let me provide this answer. First, to have provided full justification to the House would have entailed the disclosure of confidential intelligence. Secondly, it would have inhibited our ability to co-ordinate with international allies. Thirdly, it would have given our adversary some sense of the—

[Mr Speaker]

Order. I am immensely grateful to the hon. Gentleman.

[Ian Blackford]

I have to say that that is wrong on so many levels. I remind the hon. Gentleman that we met, we discussed and we voted in 2015 to take action against Daesh. Nobody is saying that intelligence matters have to be declared to Members of Parliament— of course not. We are talking about the principles of taking action. Do not hide behind the smokescreen of saying that intelligence information has to be shared. It does not, and nobody would expect that.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

The Prime Minister has said that this so-called targeted action would not increase tensions in the region, yet she could not give any guarantees about retaliation from different parties. Does my right hon. Friend not agree that that is exactly the kind of thing we would have debated had this come to Parliament?

[Ian Blackford]

Absolutely. I wish to see all of us—the United Kingdom—taking a leadership role in making sure that we can get rid of the scourge of chemical weapons, but, as I mentioned in my introductory remarks, we need to work together in the interests of the Syrian people to break the logjam of the Geneva talks. That should be our biggest priority in order to do—

[Several hon. Members rose—]

[Ian Blackford]

I must apologise to the House. I know that many Members want to speak and I want to make progress if I can.

I remind the House that the right hon. and learned Member for Rushcliffe (Mr Clarke), the Father of the House, said yesterday that

“once President Trump had announced to the world what he was proposing, a widespread debate was taking place everywhere—including among many Members of Parliament in the media. However, there was no debate in Parliament.”—[Official Report, 16 April 2018; Vol. 639, c. 47.]

We should listen to the wisdom of the Father of the House.

As the President tweeted reckless comments, simply heightening tensions, the Scottish National party immediately called for the Prime Minister to recall Parliament for last Saturday. We have been clear: any proposed change to the role of UK forces in Syria must be subject to a vote in Parliament. Cabinet was recalled. Why wasn’t Parliament?

There is no good answer to that question, because the Prime Minister knows she should have done so. As I have said, precedent has been set. In 2013, the Prime Minister, David Cameron, recalled Parliament for a debate and vote following a suspected chemical attack on Syrian civilians in the suburbs of Damascus. After the 2013 vote, Professor Malcolm Chalmers of the Royal United Services Institute commented:

“It is now hard to see how any UK Government could undertake significant military action without the support of Parliament, or indeed of the wider public.”

We know what a lack of rigorous analysis and thought can lead to. We must—absolutely must—have learned the lessons from the Iraq war, and we must fully endorse the conclusions of the Chilcot report. A full debate in Parliament would have allowed for many questions about the UK’s military action and role to be asked. For example, what is the Government’s long-term strategy for Syria?

[James Heappey]

Chilcot has been cited a number of times by Opposition Members. The Iraq war was voted on in this place, but on the basis of incomplete information. What intelligence would the right hon. Gentleman propose to compromise to Members of the House so that they could make a better decision and what analysis has he made of the impact of sharing that intelligence on the operational security of those who would prosecute the mission thereafter?

[Ian Blackford]

None. How do we— [Interruption.] Well, look. I am trying to be— [Interruption.] I see the hon. Member for Chelmsford (Vicky Ford) waving her arms. I have already made the point, as the hon. Member for Wells (James Heappey) would know if he had been listening to what I have been saying, that I do not expect the Government to have to share intelligence information with Members of Parliament. Let me also be clear, for the absence of doubt: I accept the case that has been put that the Syrian regime is responsible for the chemical weapons attack. I am happy with the explanation that has been given, and, in my case, I have been made aware of some of the intelligence information.

Let us not say that Parliament cannot take action on the basis of being told what it can be told. But it does not need to be told what is sensitive intelligence information. That is the way Parliament has worked, and we are asking that parliamentary democracy continues to take place.

Taking military action is not easy; we accept that. Finding a way through the morass in Syria and offering hope to the people is more difficult, but that is an issue that, as part of any plan for military action, has to be discussed.

[Mr Dominic Grieve (Beaconsfield) (Con)]

rose—

[Ian Blackford]

I happily give way to my learned friend.

[Mr Grieve]

Is there not this difficulty? If we in the House seek to debate, in anticipation, a military action that is of a high level of specificity, in reality, where the Government cannot explain the specifics, we will be in considerable difficulty having a sensible debate on that subject. Let us look at this realistically. That is in fact one of the issues that has to be addressed. I hope I may have a chance to speak about that later.

[Ian Blackford]

I am grateful for that intervention, but no one is asking for the Government to be specific to that degree about the action being proposed.

[Several hon. Members rose—]

[Ian Blackford]

I will not take any more interventions because I must move on.

I have already talked about what happened in 2015, when the House voted on taking action against Daesh. Nobody is talking about compromising operational activity; this is about the principle of Parliament giving its consent to military action. That is what we are talking about.

I must make progress. Preparing the groundwork for peace has to be a fundamental part of any proposed military action, as well as developing a clear and coherent plan that addresses the humanitarian crisis. It is a damning tale that the UK spent 13 times as much money on bombing Libya than it did on rebuilding the country at the end of the conflict. We must not be dragged into the reckless rhetoric of the President of the United States when he claims “mission accomplished”.

I call on the Government urgently to tell the House, by means of a statement, what their long-term strategy is for achieving peace in Syria and helping the nation rebuild after the war.

On Saturday, we were presented with the legal advice the Prime Minister relied on to justify Saturday’s airstrikes. I repeat my comments from yesterday: the SNP has grave concerns about the extent of the legal advice. As I noted yesterday, in the absence of a UN resolution or self-defence, the two clear-cut legal grounds for attack, the Prime Minister’s legal reliance is based on averting a humanitarian crisis. Syria is the most besieged and bombed placed on earth right now. It is not easy to see how adding war planes and airstrikes to the Syrian skies averts further humanitarian suffering: thousands dead, millions fleeing for their lives, 400,000 civilians still trapped in appalling conditions, deprived of food, medicine and basic aid, and over 13 million civilians in desperate need of humanitarian aid. I heard the cry about refugees—yes, our responsibility for refugees. We can look back with pride to the Kindertransport in the months leading up to the second world war, when 10,000 children were let into this country. Where is that spirit of humanity to deal with the crisis in Syria today?

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

It is said that many a true word is spoken in jest. I think it was the comedian Frankie Boyle who said that the UK cares very much about the Syrians until they reach a beach. We have to make sure that we put as much effort into refugees as is being put into dropping bombs.

[Ian Blackford]

Absolutely. The situation on the ground in Syria is desperate. We cannot and must not look at Syria through the narrow prism of military action. There are fantastic people, groups and organisations on the ground just getting through each day and they deserve the international community’s full support. I pay tribute in particular to the White Helmets, who have not only saved so many lives but have continuously run into danger to protect civilians.

We must work with the UN and international partners to ensure all action in Syria meets with international law. I have grave concerns that the Prime Minister did not wait for OPCW inspectors to complete their visit and investigations in Douma before taking a decision to respond. Many countries around the world place constitutional controls on the use of military power. The SNP believes in a triple lock on military deployments, based on the principles that military action would need to be: in accordance with the principles of the UN charter; properly agreed by Government; and approved by Parliament. If I may say so, those are principles that any independent Scottish Government would adhere to. Those of us on the SNP Benches believe that the time has come for a war powers Act. A long-standing policy of the SNP, we believe it will stop situations such as that we saw last week, where Parliament is completely bypassed in a reckless fashion.

Parliamentary approval was the Conservative party’s position not so long ago. In 2011, the then Foreign Secretary William Hague stated that the UK Government planned to

“enshrine in law for the future the necessity of consulting Parliament on military action.”—[Official Report, 21 March 2011; Vol. 525, c. 799.]

Then the Political and Constitutional Reform Committee identified

“an urgent need for greater clarity on Parliament’s role in decisions to commit British forces to armed conflict abroad”.

It recommended that the Government should in the first instance bring forward a draft parliamentary resolution for consultation and for decision by the end of 2011. As we all know, that did not happen.

In conclusion, we on the SNP Benches warmly welcome the support of the Leader of the Opposition for bringing forward a war powers Act. I hope that we can work together—indeed, across the House with Government Members, too—to create a war powers Act for this place.

[Several hon. Members rose—]

--- Later in debate ---

[Mr Rees-Mogg]

I will not give way again because time is short.

If that were to happen, we would know that the use of force had not been agreed by this House, but it is a retrospective agreement. This is established in our constitution and has been for the longest time, and that is very important, because Executives have the confidential information that allows them to make decisions. The right hon. Member for Ross, Skye and Lochaber asked why the Cabinet was called when Parliament was not. The obvious reason is that we have Cabinet government in this country. The Prime Minister cannot act on her own; she has to act with the consent of the Cabinet. That is how our constitution functions.

[Ian Blackford]

Would not the hon. Gentleman concede that in the case of any military action since the Iraq war, the consent of Parliament has been sought on every occasion before troops have been engaged?

[Mr Rees-Mogg]

That is not correct. With the bombing raids on Libya, retrospective consent was given by this House; it was not sought in advance. That is the issue that goes to the heart of this matter. Yes, we have a flexible constitution, but it is not right to say that we have no constitution. The flexible constitution allows a Government to come to this House when they are considering certain types of action, when no secret information needs to be given out, and when there might be a long-term plan for an invasion or whatever there is. It also allows the Government the flexibility to act when times are urgent and business is pressing, and when the information is of the greatest sensitivity. That was why I made the point that it was right and inevitable that the Cabinet should be consulted, as that is where power rests, but it is absurd to suggest that the House of Commons could give its consent. In fact, the only way that the House of Commons can consent is by legislation, and then we would need to go to their other end of the Palace and ask their lordships as well. By the time we had passed a law saying that we could engage in conflict, the whole conflict would be over.

The issue is that the Armed Forces Act 2016 already covers this question, and that Bill was passed unanimously. This House gives confidence in the Government and controls supply. The armed forces cannot go to war not only if the Armed Forces Bill has not been passed, but if supply is not voted to allow the Army, Navy and Air Force to go about their business. That is where we have control every year over the actions of our military. We have it quinquennially and we have it annually, and we have confidence or not in the Government.

That is our correct and established constitutional situation. There are ways for the Opposition to deal with a Government of whom they do not approve, and that is through a vote of confidence. That they have not chosen to go down that route shows that the opposition is of a pacifist tone. That might be honourable, and it might be noble, but it is different from upsetting our constitution merely to entrench inaction.