Historic Allegations against Veterans

Debate between Leo Docherty and Lord Bellingham

Tuesday 15th May 2018 Westminster Hall

[Leo Docherty (Aldershot) (Con)]

Does my hon. Friend believe, as I do, that if a statute of limitations is introduced, it should cover all theatres, so that veterans who have served honourably in Iraq and Afghanistan—even those who have faced disciplinary action but been cleared of any charge or wrongdoing—can get on with their lives? Also, does he know anything about the case of Major Robert Campbell, which is an exemplar of the bad justice meted out by the Iraq Historic Allegations Team? Does he agree that a statute of limitations should not be limited to Northern Ireland?

[Sir Henry Bellingham]

I shall come on to the statute of limitations point in a moment—I shall close my remarks shortly—but my hon. Friend makes an incredibly important point.

As we know, my right hon. Friend the Member for Sevenoaks (Sir Michael Fallon) took action when he was Secretary of State for Defence. He wound up the Iraq Historic Allegations Team, which had cost roughly £40 million, but that has not solved the problem. Yesterday I saw that Leigh Day is looking at up to 200 cases involving Iraqi veterans. Indeed, any solicitor anywhere can raise a case against a veteran if they feel like doing so and feel there is enough evidence. This problem will simply not go away.

I believe very strongly that the Ministry of Defence and the Government have that duty of care that I mentioned earlier. They have to draw a line under this situation. The only way I see for us to do so is to deal with all veterans on an equal basis across the UK, across all campaigns and across all theatres. There should be a statute of limitations on that basis, with an override whereby compelling new evidence that became available could be looked at; but otherwise, after five or 10 years or some clear limit—the Armed Forces (Statute of Limitations) Bill, a private Member’s Bill introduced by my right hon. Friend the Member for Newbury (Richard Benyon), mentions 10 years—those veterans could at least get on and enjoy the rest of their lives.

In conclusion, I am giving the Minister a way forward. If we do not take that way forward, I think we will have really serious problems. The Secretary of State for Northern Ireland, in her consultation, has made it clear that she will not consider a statute of limitations in the context of Northern Ireland. Therefore, let us have a statute of limitations covering the whole of the UK.

I have given the Minister a way forward but, as I said, our Northern Ireland veterans were sent there when they were young men and women, and they are now a good deal older than most of us. They risked everything. Many of their friends were killed; many were injured. Many suffered the most appalling mental illnesses. What the Government, and this Department in particular, owe to them now is no ordinary duty of care. It is something much more fundamental and profound. In some ways, the duty of care that we owe to current servicemen and women is perhaps more sacred than the duty of care we owe to people who fight in a world war, because the people who fought in Northern Ireland, or who went to various theatres such as Kosovo, Iraq and Afghanistan, had a choice. They could, like Dennis Hutchings, have gone into the Army and risked their lives, or they could have had the easy way out—an easy life in civvy street. They could have had a very different life. But they did not. They risked their lives.

They are not asking for a great deal. They are not asking for an increase in their pension, or for any monetary handouts or further recognition. All they are asking for is not to be betrayed by the Government who they put their lives at risk for.