British Special Forces in Afghanistan: New Allegations

John Healey Excerpts

Thursday 14th July 2022 Commons Chamber

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

(Urgent Question): To ask the Secretary of State for Defence if he will make a statement on new allegations concerning British special forces in Afghanistan.

I thank you, Mr Speaker, for your very careful consideration of this urgent question request.

[The Minister of State, Ministry of Defence (James Heappey)]

On 12 July, the BBC broadcast an episode of “Panorama”, claiming evidence of criminality allegedly committed by the UK armed forces in Afghanistan. The Ministry of Defence is currently defending two judicial reviews relating to allegations of unlawful killings during operations in Afghanistan in 2011 and 2012. While I accept, Mr Speaker, that to allow today’s urgent question you have waived the convention that we do not discuss matters that are sub judice, advice from Ministry of Defence lawyers is that any discussion of specific detail of the cases would be prejudicial to the ongoing litigation, and thus I am afraid I simply cannot enter into detail about specific allegations made on specific operations relating to specific people.

[James Heappey]

Let me apologise on behalf of the Department for the fact that you, Mr Speaker, and the right hon. Member for Wentworth and Dearne were put in that position. I was not aware of the request that you had made, but I assure you that, when I return to the Department, I will investigate fully why that was not responded to in the way that it should have been.

We very much recognise the severity of these allegations, and where there is reason to believe that personnel may have fallen short of expectations, it is absolutely right that they be held to account. Nobody in our organisation, no matter how special, is above the law. The service police have already carried out extensive and independent investigations into allegations about the conduct of UK forces in Afghanistan, including allegations of ill-treatment and unlawful killing. No charges were brought under Operation Northmoor, which investigated historical allegations relating to incidents in Afghanistan between 2005 and 2013. The service police concluded there was insufficient evidence to refer any cases to the independent Service Prosecuting Authority. I stress that both these organisations have the full authority and independence to take investigative decisions outside of the MOD’s chain of command.

A separate allegation from October 2012 was investigated by the Royal Military Police under Operation Cestro. It resulted in the referral of three soldiers to the Service Prosecuting Authority. In 2014, after careful consideration, the director of service prosecutions took the decision not to prosecute any of the three soldiers referred. It is my understanding that all the alleged criminal offences referred to in the “Panorama” programme have been fully investigated by the service police, but we remain fully committed to any further reviews or investigations when new evidence or reason to do so is presented.

A decision to investigate allegations of criminality is for the service police. They provide an independent and impartial investigative capability, free from improper interference. Earlier this week, the Royal Military Police wrote to the production team of “Panorama” to request that any new evidence be provided to them. I am placing a copy of the RMP’s letter in the Library of the House. I understand that the BBC has responded to question the legal basis on which the RMP are requesting that new evidence, which makes little sense to me, but the RMP and the BBC are in discussions. As I have said, if any new evidence is presented to the Royal Military Police, it will be investigated.

I am aware that the programme alleges the involvement of a unit for which it is MOD policy to neither confirm nor deny its involvement in any operational event. As such, I must refer in generality to the armed forces in response to the questions that I know colleagues will want to ask, and I cannot refer to any specific service personnel who may or may not have served in those units.

We should continue to recognise that the overwhelming majority of our armed forces serve with courage and professionalism. We hold them to the highest standards. They are our nation’s bravest and best, and allegations such as these tarnish the reputation of our organisation. We all want to see allegations such as these investigated, so that the fine reputation of the British armed forces can be untarnished and remain as high as it should be.

[John Healey]

No one doubts the bravery of all those who served in Afghanistan, nor the extreme risks they faced. And the Minister is right: our British armed forces have a proud tradition of upholding the very highest standards of military ethics and professionalism, and the international laws of armed conflict and human rights. This is fundamental to Britain as one of the world’s leading democracies, so the allegations reported in Tuesday night’s “Panorama” programme could not be more serious—a pattern of suspicious deaths, with newly obtained military reports suggesting that one unit may have unlawfully killed 54 people in a single six-month tour; “drop weapons” planted to fabricate evidence, with the squadron’s reports “causing alarm at headquarters”; and those at the top warned, but not acting to stop the pattern of killings and withholding crucial details from the military police. Verifying the truth in any new evidence should matter most to military leaders and the MOD. This will not be buried.

What action are the Government taking to respond to the growing calls from military figures, including the former Chief of the Defence Staff General Sir David Richards, for a thorough investigation? I welcome the Minister’s statement today that, if there is any new evidence, it will be investigated, but how can he argue that the service police can credibly tackle this task when “Panorama” exposes the systemic failures in their investigations, just as the Government’s own Lyons review highlighted gaps in capabilities in the military police, and when the new defence serious crime unit, designed to fix the problems, will not be up and running until the end of the year?

There were similar claims from the same period against Australian special forces. However, these have been investigated thoroughly via a special inquiry commissioned by the head of the army, not Ministers. That inquiry had independence, justice and military experience, and welfare support. It had privacy, immunity and compulsory questioning powers to get to the truth. Justice Brereton’s report confirmed credible evidence that members of Australian special forces were responsible for the unlawful killing of 39 people. It made 143 recommendations, all accepted by the Australian defence force, and referred 36 matters to the federal police for criminal investigation. Will the Government now do the same and investigate these claims and any cover-up in the chain of command, to secure justice for any of those affected and above all to protect the reputation of our British special forces?

[James Heappey]

The right hon. Gentleman is absolutely right: this will not be buried. Absolutely nobody in the Ministry of Defence wants to see these sorts of allegations buried. That does no service to our armed forces whatsoever. These allegations will be investigated fully, if the new evidence is handed over.

The investigation by the RMP itself has already been double-checked, as it were, by a recently retired chief constable and a senior QC, and they agreed that the investigation was sound. Further to that, there has been the Henriques review, published in October 2021, which recognised only too well that there were problems—failings, if you like—in the military justice system that needed to be resolved, so ahead of this there has already been a recognition that the military justice system could work better. The Henriques review identifies many of the ways that it could.

The Secretary of State was clear when I spoke to him earlier in the week on this matter that he is not ruling out any type of public inquiry or review if it is clear that there are failings that need to be looked at. The MOD wants this to be as transparent as possible, so that everybody can have confidence in the service justice system and the reputation of our armed forces can remain untarnished.