Military Action Overseas: Parliamentary Approval

Jeremy Corbyn Excerpts

Tuesday 17th April 2018 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

I beg to move,

That this House has considered Parliament’s rights in relation to the approval of military action by British Forces overseas.

It is great to see you in the Chair, Mr Speaker. All I have to say is that the nation stands in admiration of your constitution and as you were in the Chair yesterday from bell to bell for eight and a half hours we are all now in admiration of your personal constitution as well. I also thank you for granting this debate.

My hon. Friend the Member for Wirral South (Alison McGovern) was right in yesterday’s debate when she said, in quoting the right hon. Member for Sutton Coldfield (Mr Mitchell), that this is a hung Parliament and therefore political power must pass from the Cabinet to the Floor of the House. But I do not totally agree with that analysis; the lack of a majority makes it more urgent, but the principle of accountability to Parliament when it comes to war making was established in 2003, when the Labour party had a large majority, and that principle must now be enshrined in law. Indeed, the tombstone of the former Foreign Secretary, our friend the late Robin Cook, who warned so eloquently in this House against the decision to invade Iraq, records his words:

“I may not have succeeded in halting the war, but I did secure the right of Parliament to decide on war.”

I am sorry to say that the Government are now attempting to overturn that democratic advance.

[Andrew Selous (South West Bedfordshire) (Con)]

Does the right hon. Gentleman not agree that protecting the lives of UK servicemen and women will sometimes require the use of surprise and that therefore prior parliamentary approval could on occasion be life-threatening?

[Jeremy Corbyn]

I will be dealing with that point during my speech. I do understand the point the hon. Gentleman is making and the need for urgent action at times, and there are provisions for that in the proposals we are putting forward.

During yesterday’s statement, the Father of the House—the right hon. and learned Member for Rushcliffe (Mr Clarke)— the leader of the Scottish National party and the leader of the Liberal Democrats, as well as of the official Opposition, agreed that Parliament should have been recalled. That is a common position on all sides of the House, absolutely irrespective of our views on the action undertaken in Syria last Saturday morning.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

Does my right hon. Friend agree that we should listen not just to voices inside the Chamber, but to voices outside—the great British public? A woman on the doorstep in Ealing said to me this weekend, “Did we just regain the sovereignty of Parliament to hand it over to a Prime Minister with no majority or, worse still, to Trump?” Did she not have a point?

--- Later in debate ---

[Jeremy Corbyn]

My hon. Friend’s constituent is right that parliamentary sovereignty requires that Parliament holds Government to account.

The Father of the House said 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.]

It was happening everywhere, except here. The SNP leader put it more succinctly:

“When the Prime Minister called a Cabinet meeting last week, she should have recalled Parliament.”—[Official Report, 16 April 2018; Vol. 639, c. 48.]

The UK Prime Minister and the Executive must be accountable to Parliament, not to any other Government, let alone to the whims of any President or other head of state. The need for an independent British foreign policy, based on human rights and international law, has never been more urgent.

[Toby Perkins (Chesterfield) (Lab)]

Does my right hon. Friend share my disappointment that we have a Prime Minister who inherited a parliamentary majority that she managed to lose rather clumsily, and rather than responding to her situation by trying to build consensus throughout the House on a whole raft of issues—this is the most important, but I include all Opposition days and so on—she has decided to respond by ignoring Parliament?

[Jeremy Corbyn]

My hon. Friend is right that all kinds of debates could have taken place and a consensus reached, or not. Either way, there could have been that opportunity. That is what Parliament exists for. Parliamentary approval can be crucial to ensure the democratic legitimacy of any planned military operation or warlike act, just as it can establish public consent for a Government’s wider strategy.

[Leo Docherty (Aldershot) (Con)]

The right hon. Gentleman mentions a vote; had there been a vote in this place last week to protect innocent civilians in Syria, how would he have voted?

[Jeremy Corbyn]

This is a debate about process. [Interruption.] Could the hon. Gentleman contain his aggression for a moment? I made very clear my concerns about the strike, its legitimacy and the legality behind it, so I should have thought it was pretty obvious what my view on it was. That is not to say, as I pointed out last night—[Interruption.]

[Mr Speaker]

Order. The right hon. Member for Rayleigh and Wickford (Mr Francois) made a very fine speech yesterday. He spoke on his feet with considerable passion and integrity, but he should not now rant from a sedentary position. He used to misbehave 30 years ago, when he stood against me in Conservative student politics. We have both grown up since then.

[Jeremy Corbyn]

Are we going to get a video of that debate, Mr Speaker?

Currently, the Government of the day, of whichever hue, can, under the powers of the royal prerogative, deploy our armed forces without obtaining parliamentary consent for that action. It is important that our armed forces know that they have the democratic backing of Parliament and the support of the public for any action that they undertake.

[Kevin Brennan (Cardiff West) (Lab)]

Is not the essential point that the action that the Government have taken goes against the statement they made in 2016, when they prayed in aid action taken in 2013, 2014 and 2015, the nature of which was essentially similar to the action that was taken last week on the Prime Minister’s prerogative? Unless it is clarified and codified in law, the uncertainty will remain as to whether the Government really respect the convention to which they say they still adhere.

[Jeremy Corbyn]

Indeed, my hon. Friend is right. There is an established convention, and I fear that the Government were trying to breach that convention with their actions yesterday. I welcome the parliamentary convention that has developed since the Iraq war, whereby the Government are expected to seek the approval of the House before they commit forces to action.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

On a point of order, Mr Speaker.

--- Later in debate ---

[Mr Speaker]

It is an extremely interesting debating point but, if I put it very politely, as a point of order I am afraid it would be, in old-fashioned O-level terms, an unclassified.

[Jeremy Corbyn]

The previous Prime Minister came to the House to seek authority for military action in Libya in 2011 and in Syria in 2015. In 2013, he sought authorisation for military action in Syria that the House denied. I am sorry to say that the Prime Minister’s decision not to recall Parliament and to engage in further military action in Syria last week showed a flagrant disregard for this convention. That was underscored by the Secretary of State for International Development, who said yesterday that

“outsourcing that decision to people who do not have the full picture is, I think, quite wrong. And, the convention that was established, I think is very wrong.”

[James Heappey (Wells) (Con)]

Will the right hon. Gentleman give way?

[Jeremy Corbyn]

No, not at the moment.

It seems that the convention that was established in 2003 and that is in the Cabinet manual is being tossed aside as simply inconvenient. It is necessary and urgent that the House has the opportunity to discuss its rights and responsibilities in respect of decisions on UK military intervention.

[Several hon. Members rose—]

[Jeremy Corbyn]

I am not giving way for the moment.

Those rights and responsibilities are not currently codified by law and, as we have discovered in recent days, cannot be guaranteed by convention alone. The Prime Minister’s actions are a clear demonstration of why Parliament must assert its authority on this subject.

But this is not solely about the actions taken last weekend, although they illustrate the case, or what action the Government might seek to take in the coming weeks and months; this is a principle that I know has long-standing support across the House. No matter on which side of the House Members sit, we all recognise that we are here to represent the interests of the people who elected us and sent us here. This is a parliamentary democracy: the people put us here to take decisions on their behalf.

[Several hon. Members rose—]

[Jeremy Corbyn]

I am not giving way for the moment.

Enshrining the right of elected MPs to decide on matters of peace and war is an essential, vital development of hundreds of years of democratic development and parliamentary accountability. In effect, 17 countries have the rights of their Parliament to approve military action enshrined in their own laws. It should escape no one that the general public want to see an increased role for Parliament in the decision-making process around planned military action.

[Vicky Ford (Chelmsford) (Con)]

Does the right hon. Gentleman agree that it is the role of the Government to put our citizens’ safety first, and that the Government therefore have to have the power to act in the national interest for security, and to act swiftly and confidentially, taking into account the safety of our servicemen and our allies’ servicemen?

[Jeremy Corbyn]

It is perfectly clear from what I am proposing that Parliament should have the right to hold Government to account, and that Government should seek prior parliamentary approval before they undertake major military actions. The hon. Lady might not agree with me, but that is the joy of a parliamentary democracy. [Interruption.]

[Mr Speaker]

Order. I do not know what has happened to the hon. Member for North Dorset (Simon Hoare). Decades ago he was a student at the University of Oxford, and my wife always said to me subsequently, “He was a very well-behaved young man.” He seems to have regressed since then. It is very unsatisfactory and he must try to improve his condition. We cannot have people constantly ranting from a sedentary position. Let us be clear that the Leader of the Opposition will be heard, and so will every other speaker.

[Jeremy Corbyn]

It should not have escaped anyone that the general public want to see an increased role for Parliament in decision-making processes around military action. Talking to people on the streets of this country last weekend, I found that many said, “Why wasn’t Parliament recalled? Why is Parliament not being consulted? We elected people to Parliament to do just that.” We obviously have a diversity of opinion around this Chamber; that is what a democracy throws up, but I believe both that we have a responsibility to hold the Government to account and that the Government have a responsibility to come to this Chamber before they make those major decisions.

[Several hon. Members rose—]

[Jeremy Corbyn]

I wish to make progress, so I shall not be giving way again.

Indeed, a recent Survation poll found that 54% of people thought that it was wrong of the Prime Minister to have ordered airstrikes without parliamentary approval. I urge Members of this House not to forget the duty placed on us by the Chilcot inquiry. The Chilcot inquiry was the result of the war in Iraq. It was the last of many inquiries held into that process. It was the most thorough and painstaking inquiry that there had ever been. I would have thought that it provided a salutary lesson to all of us on the importance of there being total scrutiny of what goes on, and of the Government being required to come to the House in advance of major decisions. Many of us opposed that decision, but that is not the point; the point is whether or not Parliament has the right to have a say in it. I urge those Members who are trying to intervene on me at the moment to take a break and read a bit of the Chilcot report while I am finishing my speech.

It is important that the House holds the Government of the day to account on matters of national and of global security. In 2011, William Hague, the then Foreign Secretary, outlined a commitment to enshrine in law for the future the necessity of consulting Parliament on military action. The Cabinet manual, published in 2011, also confirms the acceptance of that convention, so what we are doing is actually going back on an established position. It guarantees that the Government will observe the convention except where there is an emergency and such action would not be appropriate, thereby reserving the right for the Government to act in a matter of emergency. A war powers Act could specify at what point in decision-making processes MPs should be involved as well as retain the right of Ministers to act in an emergency, or in the country’s self-defence. Yet Government policy now seems to have shifted against this process.

[Mr Chris Leslie (Nottingham East) (Lab/Co-op)]

I am very grateful to the right hon. Gentleman for giving way. He turned in his speech to the question of when such approvals would be required by Parliament; he talked about emergency situations and so forth. If embedded operatives—our armed forces—were to be deployed in other countries, would parliamentary authority be required? Can he just point to where his proposal is, because the motion obviously does not contain that level of detail?

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[Jeremy Corbyn]

The motion does not contain that level of detail because the draft Bill has not yet been prepared. Obviously, that level of detail is a matter for debate. What I am proposing is that Parliament has a fundamental power over Government to decide on issues of war and peace and the conflict that goes with them. I have made it quite clear that the caveat is in there of an overriding emergency or of a threat to people’s lives.

The Government have failed to accept the case, which was put forward by the Chilcot inquiry,

“for stronger safeguards to ensure proper collective consideration by the Cabinet on decisions of vital national importance”—

most notably the decision to take military action. Those are not my words; they are the conclusions made by the Public Administration and Constitutional Affairs Committee’s 2017 publication on the Government response to its report on Chilcot. The Committee’s assessment should alarm us all. This Government have failed to introduce the proper safeguards into their Cabinet decision-making process. Why should we leave it in their hands to make these crucial decisions when they have clearly failed to learn many of the lessons of the past? This report also draws attention to concerns about the ability to ensure that Ministers take proper advice on the provision of evidence and on how decisions based on this evidence are made.

[Imran Hussain (Bradford East) (Lab)]

Does my right hon. Friend agree that, at the very minimum, the lessons learned from the Chilcot inquiry and Iraq should be the basis of the war powers Act?

[Mr Speaker]

Order. Mr Shelbrooke, be quiet. I know that you feel strongly, and I respect that, but I am not having you shouting out. You either undertake now to be quiet, or I strongly advise you to leave the Chamber for the rest of the debate. Stop it. You are well-intentioned and principled, but you are over-excitable and you need to contain yourself. If it requires you to take some medicament, then so be it.

[Jeremy Corbyn]

I thank my hon. Friend the Member for Bradford East (Imran Hussain) for his intervention. He is quite right: we have to learn the lessons of the past. The Iraq war is seared on the memory of every Member who was in this House at the time, and on the memories of all those millions of people outside this House who expressed the deepest concern about what was going on.

It is for this House to take matters into its own hands and to take back control—as some might put it. I am clear that, as an absolute minimum, Parliament should have enshrined in law the opportunity to ask the following questions before the Government can order planned military action: is it necessary; is it legal; what will it achieve; and what is the long-term strategy? It is difficult to argue that requiring Governments to answer those questions over matters of life and death would be anything other than a positive step. There is no more serious issue than sending our armed forces to war. It is right that Parliament has the power to support, or to stop, the Government taking planned military action.

[Chris Philp (Croydon South) (Con)]

I thank the right hon. Gentleman for giving way. He has laid out a test, which he thinks could be met in emergency circumstances. Does that not mean that we may have a situation in which British forces need to be urgently committed, yet court action would end up determining whether or not that could happen? Would it not be wrong that judges, rather than the Cabinet, made those kinds of decisions?

[Jeremy Corbyn]

I am not quite sure where the hon. Gentleman gets that logic from, because it certainly does not come from anything that I have said. [Interruption.]

[Mr Speaker]

Order. I am sorry to have to keep interrupting. This debate must be conducted in a seemly manner, as a number of Members on both sides of the House suggested yesterday. Members must calm down. It is as simple and incontestable as that.

[Jeremy Corbyn]

As I was pointing out, there is no more serious issue than sending armed forces into war and what actions we, as Members of Parliament, could or should take. That is why we are elected to this House. That is what our democratic duty requires us to do.

I therefore hope that this motion will command support—

[Simon Hoare (North Dorset) (Con)]

On a point of order, Mr Speaker.

--- Later in debate ---

[Mr Speaker]

No, that is not a point of order. If the hon. Gentleman does not trust his own exegesis of the law that is his problem not mine, but it is not a matter for the Chair. He has made his own point in his own way, but he has done it in a disorderly fashion and he should not repeat the offence.

[Jeremy Corbyn]

I am trying to get past the point where I am saying that there are no more serious issues and decisions made by Parliament than on matters of war and peace, and the Government taking planned military action. That convention was established in 2003 and was enshrined in the Cabinet manual in 2011. The then Foreign Secretary gave every indication that he supported the principle of parliamentary scrutiny and approval of such a major step.

I have outlined the caveats in a case of overriding emergency, but it is very important that the House of Commons—one of the oldest Parliaments in the world—holds the Government to account not just on the immediate decision, but on the longer-term strategy and the implications of the actions that are taken. Going to Afghanistan and Iraq, bombing Libya and many others have long-term consequences. We all need to know what thought process has gone into those long-term consequences by the Government and the officials advising them.

Today I have tried to set out a simple democratic demand. It is not taking an opinion, one way or the other, about what the Government did last week. It is asserting the right of Parliament to assert its view over the Government. The Executive must be the servant of Parliament, not the other way around. I therefore hope that this motion will command support from both sides of the House, as we work to bind this Government and any future Government to this basic democratic principle on one of the most serious and crucial issues of foreign policy that we face. I hope that today’s debate will help us in that process of bringing about a change.

[Several hon. Members rose—]

[Jeremy Corbyn]

I am not going to give way anymore because I am about to conclude my speech. [Interruption.] I do not know why hon. Members are cheering the end of my speech, if they want to intervene; there is no logic there, but that is their problem, not mine. [Interruption.]

[Mr Speaker]

Order. I say to Members—

[Mr Speaker]

Order. Resume your seat, Mr Harper. You do not stand when I am standing and that is the end of it. You have sought to intervene and your attempt has not been accepted. You will now remain seated. The Leader of the Opposition has made it clear that he is bringing his speech to a conclusion. That is his prerogative and he will do so without being subjected to a concerted effort to stop that conclusion. You are a former Government Chief Whip. You know better than that, you can do better than that and you had better try. And I would not argue the toss with the Chair, if I were you.

[Jeremy Corbyn]

It is about democracy, it is about accountability and it is about making very serious decisions. That is what MPs are elected to do. It would bind this Government and future Governments to this basic democratic principle on the most serious and crucial issues of public policy that we are ever asked to take a decision on. As I said earlier, all those who were here during the debates on Iraq in 2003 remember them very well, just as they remember very well the questioning from the public about what they did and how they voted. That is why we are elected to Parliament.

I hope that the House will approve this motion on the principle that it is an assertion of the great tradition of the advancement of democratic accountability of this House on behalf of the people of this country.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

On a point of order, Mr Speaker.

--- Later in debate ---

[Jeremy Corbyn]

Thank you, Mr Speaker. In the two minutes I have available to me, I just want to say that this is a debate about the rights of Parliament and the role of Parliament.

Many Members have made very good contributions to the debate. I was very impressed by the speech by the hon. Member for North East Somerset (Mr Rees-Mogg), who took us back to 1688. He is right about the Bill of Rights, but I just gently say to him that I think democracy can go forward even from 1688 to a slightly more modern time. He is right that we have an unwritten constitution, which is why I believe that we do indeed need an Act that would require Governments to seek the approval of Parliament before undertaking major military actions or campaigns.

I was fascinated by the speech by the right hon. Member for Newbury (Richard Benyon). I am not quite sure why he brought my mother into the debate, but I am sure she would be very proud to have been mentioned in it. I am grateful to the right hon. Member for Ross, Skye and Lochaber (Ian Blackford) for his support for two principles: first, that Parliament could and should have been recalled last week and was not, and secondly, that Parliament should have the right to decide on major policy issues and be able to hold the Government to account.

The 2011 doctrine laid down what the process should be, and the Government are trying to row back from that doctrine. This is a time for Parliament and democracy to assert itself on the most serious issues we ever face as Members of Parliament: whether to send people into war or not, and what the Government’s strategy is. I invite my colleagues to vote against the substantive motion, to express our dissatisfaction with the Government’s response and assert the rights of Parliament.

[Mr Nicholas Brown (Newcastle upon Tyne East) (Lab)]

claimed to move the closure (Standing Order No. 36).

Question put forthwith, That the Question be now put.

Question agreed to.

Main Question put accordingly.