Al-Sweady Inquiry Report

James Gray Excerpts

Wednesday 17th December 2014 Commons Chamber

[Michael Fallon]

Yes. As I said earlier, we have already made a series of changes in our procedures, and we will continue to do so. The report makes some important points about retrieval of information from the battlefield, archiving and the use of information systems to make it easier to get more quickly to the truth of what actually happened. Let me emphasise again, however, that when there are allegations they will be properly and fully investigated, and when there are failings we should own up to them and put the procedures right.

[Mr James Gray (North Wiltshire) (Con)]

It is of course an absolute outrage that it has taken 10 stress-filled years to clear these young soldiers of the baseless slurs against them, but is there not a wider point to be made? Does the Secretary of State agree that allowing further claims and allegations of this kind—the baseless ones and even, perhaps, the slightly less baseless ones—to be pursued in the same way might interfere with the perfectly legitimate conduct of warfare, and that there is a real risk that legitimate warfare will be replaced with “lawfare”?

[Michael Fallon]

I am, of course, concerned that the operational efficiency of commanders in the field should not be inhibited by additional legal complications, such as fresh rulings by the European Court of Human Rights or attempts to extend a health and safety regime that would apply in civilian life to the battlefield. We must think carefully about the weight of law imposed on those whom we ask to do very dangerous things in our name and to react very quickly. This was a battlefield, and I think it important for the House to bear that in mind.