Iraq Historic Allegations Team

Debate between Lord Benyon and Albert Owen

Wednesday 27th January 2016 Westminster Hall

[Richard Benyon (Newbury) (Con)]

I beg to move,

That this House has considered the Iraq Historic Allegations Team.

[Albert Owen (in the Chair)]

Because of time factors, if the Member who secured the debate takes 10 minutes, all the seven Back Benchers, including Mr Stewart, who have indicated that they want to speak will have four minutes before I bring in the Scottish National party and Labour party spokespersons for five minutes each, and the Minister will have 10 minutes to respond.

[Richard Benyon]

Thank you, Mr Owen, for overseeing our proceedings today. I am grateful to the Minister for being in her place and to so many colleagues for showing so much interest in this important matter.

I have a view of our armed forces that is similar to my view of other public services. Just as with the NHS and the police, I revere the people who work for those services for being the best at what they do and for showing exceptional courage and professionalism. I also accept that the armed forces, like other public servants, sometimes fail. In wanting them to remain the best armed forces in the world, I want there to be a proper sanctioned system, clearly understood by all ranks, to act as a deterrent against those who might break the rules of law. Here I admit a prejudice. As somebody who has served on operations and saw men under my command have their self-control tested to the extreme, I constantly wonder how young men, often with little education, can show such intelligent restraint at times of great provocation. I am only talking about Northern Ireland.

This year sees the 25th anniversary of the first Gulf war. Hundreds of thousands of young men and women have seen more combat in the quarter century since than in any period since the Korean war. To mark it, Help for Heroes, in conjunction with King’s College London, has produced an in-depth report that shows that roughly between 60,000 and 70,000 regular veterans and around 20,000 reservists will need our support in the coming years as they face the effects of combat. Those are the people I will talk about today and they should be our absolute priority.

I secured this debate because something has happened to some of our veterans in recent years that I think needs the urgent attention of Government. Some call it “lawfare”. It is having a profound effect on the morale of our armed forces and on how we will be able to fight wars in the future.

--- Later in debate ---

[Richard Benyon]

The hon. Gentleman is right. I support the plea by my hon. Friend the Member for Aldershot (Sir Gerald Howarth) that incidents such as that of the arrest of Lance Corporal J of the Paras under caution should cease. Society wants a line drawn under such things. We seem to have moved too far towards favouring the actions of our enemies and we do not seem mindful enough of those to whom we owe a great debt.

The recommendations I have just outlined are clearly set out in the report of my hon. Friend the Member for Tonbridge and Malling. It makes it clear that we are not only talking about alleged victims of war crimes, excessive violence in combat or the mistreatment of prisoners. The definition of “lawfare” extends to the ability of the courts to judge the actions of commanders—decisions often taken in the heat of battle and then judged years later by people for whom such circumstances are alien and with the mantle of hindsight.

I go back to my own experience. I got to know well a 19-year-old soldier who, in a tense situation, shot and killed someone contrary to the so-called “yellow card” rules for opening fire. He was convicted for murder. The case has haunted me for 34 years. My worry is that the legal imperialism we have seen in recent years and the existence of organisations such as IHAT will put a dangerous caution in the minds of the sniper of the future. Rather than taking a life to save many, caution prompted by a fear of legal implications might, to quote my right hon. Friend the Member for Mid Sussex,

“put a splint around his trigger finger”.

The analogy extends into every area of war, involving everyone from the most junior soldier just out of training to the most gnarled veteran of a quarter century of expeditionary warfare. The Apache pilot, the mortar platoon commander and the frontline rifleman all need to be governed by the rule of law—but which law? That is the matter that the Minister and the Government must tackle with haste. However despicable we might think the actions of certain lawyers are, they are only responding to circumstances created by Governments past and present. My argument is that the rules we have created put our servicemen and women in greater danger in future. That cannot be right.

[Albert Owen (in the Chair)]

Given the length of the last speech, the remaining speakers have three minutes each.