UK Special Forces: Iraq and Afghanistan

Julian Lewis Excerpts

Tuesday 7th January 2020 Commons Chamber

[Stewart Malcolm McDonald]

It is almost as if the hon. Gentleman can see the notes in front of me, because I am coming to that exact point.

The allegations uncovered by the joint BBC and The Sunday Times investigation have to be taken out of the Government’s hands and given to an independent inquiry led by a judge. No honest person could disagree with that.

The hon. Gentleman touches on an important wider point, which is Parliament’s broader ability to hold special forces operations to account. That is woefully lacking in this country, and we are being outdone by the United States—the United States!—on the oversight of special forces. In this modern age, the public expect there to be proper parliamentary scrutiny and parliamentary oversight. The system needs updating.

Clearly, there cannot be a free-for-all in which every single Member can access information on live special forces operations, as only a fool would suggest such a thing, but it cannot be beyond the House’s collective imagination, or beyond the collective imagination of the small group of Members, some of whom are unfortunately no longer with us, who regularly attend debates on defence, to propose a mechanism by which we can catch up with the United States—the US system is not perfect, but it is something—Denmark and Norway and have proper oversight of special forces operations.

Indeed, it has been mentioned before in the House by both the Labour Opposition and the Scottish National party, to great resistance from Conservative Members, that the time has come for us to introduce a proper war powers Act. I say to the Government that it is better to take this stuff on now and to have a serious parliamentary debate on the scrutiny efforts this Parliament can take forward before it ends up in the International Criminal Court—nobody wants to see that, but it may well be heading there. A failure to deal with this properly, to be judicious and sober in approaching these matters and to ensure that justice is done and the pursuit of the truth is absolutely unforgiving is nothing short of an assault on our values. It is worth remembering that the ICC was set up with the United Kingdom’s enthusiastic support, and rightly so. As I said, I do not want to see this end up in the ICC and I am sure that neither does the Minister. He has an opportunity to ensure that it does not.

Against a backdrop of assaults on the international rules-based order, which the Government tell us day in, day out they want to defend and uphold, surely we must respond to this mind-blowing investigation properly.

[Dr Julian Lewis (New Forest East) (Con)]

rose—

[Stewart Malcolm McDonald]

I detect that the former Chairman of the Select Committee on Defence wishes to intervene.

[Dr Lewis]

Before the hon. Gentleman concludes, may I ask whether he feels that a mechanism similar to that of the Intelligence and Security Committee, which conducts investigations into matters relating to the intelligence agencies that cannot be discussed on the Floor of the House, might not be a slightly more appropriate response than the much wider aim of a war powers Act, with all that that would entail?

[Stewart Malcolm McDonald]

It sounds to me as though I have an ally in the former Chair of the Defence Committee, because I think that part of the remit of the judge-led inquiry that I have advocated on the Floor of the House tonight should be to make a recommendation to the House on what mechanism the House or the Government bring to the House so that these operations can be properly scrutinised. The ISC would be an obvious outfit for that, although I know that other Members would perhaps disagree.