Afghanistan: Independent Inquiry

John Healey Excerpts

Thursday 15th December 2022 Commons Chamber

[John Healey (Wentworth and Dearne) (Lab)]

I thank the Minister for advance sight of his statement and the terms of reference for Lord Justice Haddon-Cave. We welcome the special inquiry, the Minister’s confirmation that its work will start early in 2023 and his commitment to provide full legal and pastoral support. We recognise the bravery of all those who served in Afghanistan and the dangers we asked them to face—none more than our special forces, who carry out the most extraordinary missions with extreme risks to defend us and our allies.

Our British armed forces have a proud tradition of upholding the highest standards of military ethics, professionalism and international law. That is fundamental to a disciplined military force and to Britain’s standing and moral authority as one of the world’s leading democracies, so allegations of unlawful killings and cover-ups could not be more serious. This inquiry is essential to protect the reputation of our British special forces, to guarantee the integrity of military investigations, and to secure justice for those affected. The question is: will it do the job? Is it set up to succeed? Is the MOD—military, civilian and political—fully committed to making it succeed? Too often, it responds with denial and delay.

Over the last five years, Defence Secretaries have had three reports with more than 148 recommendations on how to fix failings in military investigations, yet one essential recommendation—the Defence serious crime unit—was launched only last week. When confronted with the BBC “Panorama” reports about these allegations in July, the MOD immediately dismissed them as “irresponsible, incorrect” and jumping to “unjustified conclusions”. When pushed by all parties, as well as senior ex-military figures, journalists and the judiciary, the Defence Secretary signalled this independent inquiry two weeks later.

On the terms of reference, can the Minister confirm that the inquiry will investigate to substantiate any allegations, not just investigate how the allegations were handled? Will the inquiry cover the full chain of command—military, civil service and ministerial? How can the inquiry’s independence be assured when it is housed within the MOD? On the declaration that the Secretary of State expects maximum co-operation from MOD personnel, will the head of the Army issue a similar statement or command to forces personnel?

The Minister knows but does not mention that similar allegations were made from the same period against Australian special forces in Afghanistan. They were investigated thoroughly via a special inquiry commissioned not by Ministers, but by the head of the Australian army, because getting to the truth should matter most to military leaders. Has the Minister or any other Defence Minister met Justice Brereton to understand his inquiry? If not, why not? If so, why are key features of his successful inquiry missing from this one?

In the Brereton inquiry, the judge had senior military not just judicial experience; he had legal immunities to get beyond the culture of silence; and he had legal powers to require documents and summon witnesses. If Judge Haddon-Cave considers that changes to his powers or terms of reference are required during the inquiry, will Ministers agree? This inquiry must succeed and we in the Opposition will do all we can to ensure that it does.