Northern Ireland Budget (No. 2) Bill

Debate between Lord Bellingham and Jeffrey M Donaldson

Money resolution: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Monday 9th July 2018 Commons Chamber

[Sir Henry Bellingham]

My right hon. Friend is 100% right on that point, but we hope very much that there will not be any prosecutions in the future, or any further arrests.

The key point is that our security forces, as has been pointed out, served in Northern Ireland with the utmost professionalism and dedication in an incredibly febrile, tense and dangerous atmosphere. Young soldiers were sent over—volunteers: we are talking not about conscripts, but professional soldiers—and they were the envy of the entire world. Does the Secretary of State believe that any other army from any other country in the world would have showed the sort of restraint that our Army showed in Northern Ireland, as indeed did the police?

Some 10% of the killings in Northern Ireland were carried out either by the police or the security forces. That is a staggering figure. One has to bear in mind that every single case was fully investigated. Soldiers were operating under the law of the land—not under armed forces law under the Geneva convention, but under our own law—with the yellow book or the yellow card, and every instance was fully investigated at the time by the military police, the RUC or other authorities. That compares with the terrorists, who operated under no known code, and whose only aim in life was to kill and to maim, so how can there ever be any equivalence? How can we talk about amnesties, when our armed forces were operating under the rule of law and under the law?

I want to refer quickly to two cases. I will not mention the names, because they may well be sub judice, but I want to illustrate my concerns. First, the leader of a small patrol went into a village after a shooting incident the day before. The platoon had come under fire. A small patrol of four soldiers went into the village in a follow-up operation after an arms find. A suspicious individual was challenged but did not respond. All four members of the patrol opened fire and that person was killed. It was actually a tragic case of mistaken identity. It was fully investigated at the time by the military police and the RUC. All the evidence was pulled together. The rifles and the rounds were subject to forensic examination. After a period of months, all four members of the patrol were completely exonerated and no further action was required or taken.

We fast-forward to 2012. Under the PSNI investigation under the Historical Enquiries Team, the corporal major who had commanded that patrol was asked to go to Northern Ireland to be questioned, which he did. It was explained to him that there was no new evidence and that the existing evidence had disappeared—the rifles had long since been thrown away or whatever, and the forensic evidence was no longer available. After four days of very polite questioning, he was told that there would be no case to answer. He asked whether he could get on with his life and go back to his family and was told that he could. Fast-forward three more years and there was a knock on the door. Eighteen officers arrested him and took him to Northern Ireland. He has now been charged with attempted murder—I will not go into any more details because he has been charged.

I went to a veterans dinner last weekend at the Royal Anglian Regiment. There were more than 100 people at the dinner. Every single person who came up to me said, “What is going on? Can we not do something about this? Many of us live in fear.” In a speech given that evening, a former regimental sergeant major gave an example from Londonderry in 1972 that illustrates the difficulties that our soldiers faced, the fear they were up against and the appalling decisions that had to be taken on the spur of the moment.

In this second case, soldiers went into the crowd to snatch a demonstrator who had been throwing rocks and bricks at the police and soldiers. They snatched the demonstrator and the crowd became inflamed. The company of soldiers turned around and started moving backwards. One of the soldiers was hit on the back of the head by a rock. In those days, the helmets were not as effective as they are now and he fell down with a cracked skull. The crowd surged forward and were about to lynch him. My constituent and four other soldiers opened fire on the crowd and killed an individual. That was fully investigated at the time. It was found that they were operating under the yellow card or yellow book but that incident is now being reinvestigated. No fewer than 10 people at that dinner now fear they are among the 284 Northern Ireland veterans, men in their 70s and 80s, who may well get the knock on the door as my right hon. Friend the Member for Sevenoaks said.

[Sir Jeffrey M. Donaldson]

I commend the hon. Gentleman for what he is sharing with us, which is the reality of the situation. Does he agree, however, that it is not just about the veterans attending that dinner? It is about the young men and women who are looking in on what is happening, considering joining our armed forces and doing what many of us have done in the past—stepping up to the plate and serving the flag and the country. Might they just think again about serving this country if there is a prospect that they might face prosecution if they seek to defend themselves, the public and their comrades?

[Sir Henry Bellingham]

I thank my right hon. Friend—I will call him a Friend—who makes an incredibly important point. At that dinner, a number of former members of the Royal Anglian Regiment made the point that they were trying to encourage and recruit young people. Can they really do that when those people might go into a theatre of war and act in accordance with orders, the law of armed conflict or the law of the land, but be arrested many years hence?

I do not know what the answer to this dilemma is, but I do know that very many people out there are incredibly angry and very worried, and they are looking to this Government to come up with constructive, innovative and workable solutions. If we do not do that, we will not be forgiven in a hurry.