Iraq Historic Allegations Team

Julian Knight Excerpts

Wednesday 27th January 2016 Westminster Hall

[Richard Benyon]

I find it depressing that we are talking about this so long after my right hon. Friend made those remarks. It will be interesting to hear from the Minister what advice she has received about the need for the Iraq Historic Allegations Team. Perhaps the debate will be able to draw out some of the reasoning for it.

As we know, IHAT was set up in 2010 by the then Minister, Sir Nick Harvey, who in a written statement said that he expected it to complete its work within two years. In July 2014, the Secretary of State recognised that IHAT’s work was not going to be completed by the end of 2016. He approved additional funding of £24 million to cover the period from the end of 2016 to the end of 2019, which increased the level of funding of IHAT to £57.2 million. I want us to think of 2019 in relation to when some of the instances it is investigating actually took place.

IHAT employs 145 people and is still recruiting. The job specs actually say that contracts are initially short term, but are likely to be extended for significantly longer. The IHAT website gives 2019 as the likely date when it will complete its work. If it was exposing systematic and institutionalised war crimes, I would at least understand why such persistence was a good idea, and feel that the cost to the British taxpayer was justified. Estimates in the press say it costs £5 million a year, but other estimates vary. A look at IHAT’s website shows that 18 investigations have been completed, one of which has resulted in measures being taken against somebody, and a £3,000 fine being awarded. Of the others, 15 cases have been dropped and two cases have been passed to other authorities, but no action has been forthcoming.

By June last year, following a huge increase in IHAT’s caseload, the diagnosis was even worse. It is not necessary to be a mathematician to appreciate that, at this rate, the task of investigating allegations arising from the activities of British armed forces in Iraq will never be fully completed. The Ministry of Defence guide describes what has happened to the 59 allegations of unlawful killing that IHAT has reviewed up to this month: 34 cases have been closed, or are in the process of being closed, with no further disciplinary action; seven are currently subject to further limited, focused lines of inquiry; and 17 are under investigation. Only one of those cases was referred to the Director of Prosecutions, who directed that there should be no prosecution. So, on the face of it, that is not a great record.

At this stage, I want to make it clear that I do not blame the Iraq Historic Allegations Team. It no doubt has worthy detectives sifting the evidence, but after 10 years it is finding two things: evidential trails have run cold; and it is being inundated with claims, many spurious and many the result of the malign actions of lawyers, who see this is a Klondike-style fee-fest or, perhaps, as a way to get at the system that conducted what they believe to be an unjust war. If anyone doubts my last remark, I suggest looking at the interview on YouTube given by Mr Phil Shiner of Public Interest Lawyers to that great beacon of impartiality, Russia Today.

IHAT’s caseload now involves just over 1,500 alleged victims, 1,235 of whom are victims of ill treatment and 280 of unlawful killing. Given that backlog, the burden will hang over the heads of many of our veterans for many more months and probably years. That is utterly intolerable.

All that falls into the concept of what “Clearing the Fog of Law” calls “legal imperialism”. The worst case of such a culture are the allegations that culminated in the al-Sweady inquiry. The allegations surround actions taken during what became known as the battle for Danny Boy, a brutal attack on a checkpoint of that name resulting in a fierce firefight. British troops showed exceptional courage and resolve, and a number were decorated for bravery. The inquiry that followed cost £31 million; the fees were about £5 million. Some mistreatment was discovered, but the allegations of torture, mutilation and murder were baseless and the product, according to the judge, of “deliberate and calculated lies”.

The Government and many others have accused the two firms promoting the cases, Public Interest Lawyers and Leigh Day, of attempting “to traduce” the reputations of the Army units concerned. We have heard that the alleged actions of one of the law firms, Leigh Day, have resulted in referral to the Solicitors Regulation Authority. I hear that Public Interest Lawyers might also be referred to that body.

We could all take up lots of time venting our collective spleen at the behaviour of firms that trawl places such as Basra trying to convince people of the great riches in proving that they were victims of bad behaviour. We could take up much more time asking the shadow Defence Secretary, the hon. Member for Islington South and Finsbury (Emily Thornberry), why she and the Labour party thought it right to accept donations or donations in kind from those firms.

[Julian Knight (Solihull) (Con)]

I congratulate my hon. Friend on his speech. Does it not speak legions that virtually no Labour Member is attending the debate today? What does that show about Labour’s position on the military?

[Richard Benyon]

I share my hon. Friend’s feelings. Rather than spend the time talking about our views of those lawyers, however, which would be self-indulgent, I want to get to the bottom of this concept of legal imperialism.

I am glad that since I requested the debate the Prime Minister has announced that he has asked the National Security Council to produce a comprehensive plan to stamp out the industry. He is looking at banning no win, no fee schemes; he is speeding up the planned legal aid residency test; and he is strengthening penalties against firms that abuse the system, possibly even including suing those who have been found deliberately to withhold facts that could prove the innocence of the servicemen or women concerned.

That is all good stuff, but I want to press the Minister for more information on the timescale for the reforms. I suggest that they can only be seen as work in progress. May I respectfully suggest that the Minister add to the Prime Minister’s wish list the suggestions made in the report by my hon. Friend the Member for Tonbridge and Malling?

In order to draw a line under the situation, for recent and future conflicts the Prime Minister should consider these powerful recommendations. The Government should derogate from the European convention on human rights in respect of future overseas armed conflicts, using the mechanism of article 15 of the convention. The Government should revive the armed forces’ Crown immunity from actions in tort during all future “warlike operations” overseas by ministerial Order under the Crown Proceedings (Armed Forces) Act 1987. The Government should take the lead—this is important—in supporting efforts by the International Committee of the Red Cross to strengthen the Geneva conventions on the conditions of modern warfare, which addresses the point made in an early intervention by my hon. Friend the Member for Wealden (Nusrat Ghani). The Government should make an authoritative pronouncement of state policy, declaring the primacy of the Geneva conventions in governing the conduct of British forces on the battlefield.

--- Later in debate ---

[Julian Knight (Solihull) (Con)]

It is very difficult for any civilian to sit in judgment of a soldier. I have no experience of the unique and extraordinary pressures under which they operate, nor the snap life and death decisions they are forced to make. Too many people in the legal profession lack the wisdom or the humility to take that view and hound our veterans with self-righteous enthusiasm.

Just this week, the BBC announced that the Iraq Historic Allegations Team has dropped nearly 60 cases of alleged unlawful killing—cases that have cast a shadow over the lives of innocent veterans. As we know, in 2014 the al-Sweady inquiry found that previous allegations against British troops in Iraq were “deliberate and calculated lies” intended to smear our military at a cost of £31 million, as my hon. and gallant Friend the Member for Newbury (Richard Benyon) said. As a result, Leigh Day, one of the law firms involved, faces a full disciplinary tribunal from the Solicitors Regulation Authority. The Prime Minister has threatened to sue that company to recover the millions of pounds it has claimed in costs, and I hope he will find support from across the House for that measure. He has also outlined a broader crackdown on so-called tank chasers, including reforms to legal aid, to no win, no fee arrangements and to the civil courts regime.

Clear-cut, conventional wars against uniformed enemies are increasingly a thing of the past. Today’s foes increasingly know no rules of war, yet just as the old conventions of conflict are breaking down, we are handing our opponents unprecedented opportunities to attack our troops in the courts. Even though it is right we hold our armed forces to high standards, such self-flagellation is completely ridiculous.

Such challenges are not confined to the middle east. Veterans of the campaign against IRA terrorism in Northern Ireland face their very own historical inquisition. Meanwhile, the terrorists they were fighting—men and women who deliberately targeted civilians and murdered several Members of this House—are shielded by an amnesty. I understand that it is important to hold our armed forces to account, but this country has one of the most disciplined, effective and professional armies in the world, and we should be proud of it.

Unless we trust our troops and give them the leeway they need to make hard decisions in extraordinary circumstances, we will find it increasingly difficult to wage war at all. Troops on the battlefield will hesitate to act, for fear of years of harassment and potential prosecution. Potential recruits will see the reward for serving and seek careers elsewhere.

War is, and will always be, a messy and brutal business. Rules designed for civilian life are inadequate for its challenges, and we shall only end up crippling the armed forces if we make perfection the enemy of good in upholding the conduct of conflict. Cases against our forces should be considered and advanced by an uninterested party, not by lawyers looking to maximise profit.