British Special Forces in Afghanistan: New Allegations

Lindsay Hoyle Excerpts

Thursday 14th July 2022 Commons Chamber

[Mr Speaker]

Before I call John Healey to ask his urgent question, I wish to make a short statement about the sub judice resolution. I have been advised that there are active judicial review proceedings in relation to the allegation of unlawful killings in Afghanistan. I am exercising the discretion given to the Chair in respect of the resolution on matters of sub judice to allow references to those legal challenges, as they concern matters of national importance. This applies to today’s urgent question and to relevant future business.

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[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.

[Mr Speaker]

I am slightly concerned. I did ask for the shadow Secretary of State, the right hon. Member for Wentworth and Dearne (John Healey), to be fully briefed by officials within the MOD, so that I would not have to be put in this position. Unfortunately, that has not been forthcoming, so I am very disappointed. I would have thought that a senior Minister, and certainly officials, would have gone through why they will not be discussing this. That did not happen, and I have been put in this position, so I am disappointed that the MOD did not take it seriously.

[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.

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[James Heappey]

Obviously, I very much agree with what my right hon. Friend has said, and we do have to be careful. What was published on Tuesday was a television programme in which some new evidence, allegedly, was brought to light, but the service police have asked the BBC to share that evidence with them so that it can be investigated. Beyond that, a lot of the allegations, particularly those relating to individuals, were very carefully calibrated to reach a certain point without crossing a line that might have got the production team in trouble with libel lawyers. I think we have to be very careful, as my right hon. Friend says, to be clear that what is said in TV programmes is not said in a court of law and has not been investigated by the police. We have asked the production team to hand over the evidence they have, and we must very careful not to impugn individuals based on what a production company insinuated, rather than actually alleged, in the programme.

[Mr Speaker]

I call the SNP spokesperson.

[Carol Monaghan (Glasgow North West) (SNP)]

The overwhelming majority of those who serve in the armed forces do so with honour and courage, and we are rightly proud of their service, but by defending or failing to investigate properly the bad eggs that exist we tarnish everyone’s reputation. The “Panorama” programme should concern us all, especially since these accounts were given by those within the armed forces themselves. The documentary described “kill or capture” night raids, the systematic killing of detainees and unarmed civilians, planted weapons, competitions between squadrons on the numbers killed, and cover-ups by senior officers. If senior officers knew of such behaviour, why was no action taken? If they did not know, why not?

The Ministry of Defence has so far treated the allegations with some flippancy, saying the documentary “jumps to unjustified conclusions”. The House needs an assurance that the review of this material will be carried out by an independent investigator. Flaws in the investigatory process and potential cover-ups by senior officers should be included. There must be democratic oversight of our special forces, and I would appreciate the Minister’s reassurance that this is something he is considering. Finally, how is the MOD investigating failures in the chain of command?

[Mr Speaker]

Can I remind Members that there are set times for urgent questions? The SNP has one minute, but that was over one and a half minutes. If I am going to grant urgent questions, Members know the rules and they have to stick to the rules. Please can you all take that on board?

[James Heappey]

I could not disagree more with the suggestion that the MOD has been flippant over the investigation of these events. I think nobody would pretend that Operation Northmoor was not slow to get off the ground in the first place. That is already the subject of what the Secretary of State has asked to be reviewed. When the initial service police investigation was completed, a recently retired chief constable and a senior QC were asked to revisit the investigation to check that the processes were sound.

The MOD, at every turn, has wanted to see this done properly because we believe more than anybody else, especially those of us in the Department who have previously served, that nobody in our nation’s armed forces benefits from even the slightest suggestion that there is protection on the basis that they are too special, too brave or too courageous. Our armed forces get their licence to operate around the world from the fact that they are held to the very highest of standards, and everybody in the MOD believes that should be the case.