Investigation of Veterans

Mark Francois Excerpts

Thursday 16th May 2019 Commons Chamber

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

(Urgent Question): To ask the Secretary of State for Defence if she will outline the Government’s plans for dealing with legacy issues and the investigation of veterans who served in Northern Ireland during the troubles.

[The Minister of State, Northern Ireland Office (John Penrose)]

I begin with an apology because, as everybody will no doubt have observed by now, I am not the Secretary of State for Defence—I don’t have her hair. I wanted to explain why there has been some to-ing and fro-ing since the terms of the urgent question became clear in the last hour.

I am here because we have concluded, at least for the moment, that it would be better that I try to respond to my right hon. Friend’s question about soldiers serving in Northern Ireland—obviously the Northern Ireland Office addresses that directly—particularly because the rules were different when soldiers were serving in Northern Ireland. They were there in support of the police and in support of civil powers, which forms a different legal basis than the one that applies if they are fighting abroad in other kinds of conflict. I shall endeavour to be as helpful as I can to my right hon. Friend; if he has any remaining questions he wants to address, I will be happy to follow through with him later, but let me at least try to respond to the burden of his urgent question as it was asked.

I strongly agree, as I suspect that all Members on both sides of the House will strongly agree, that my right hon. Friend is absolutely right that the current system—the current situation—in Northern Ireland is not working properly for people on all sides. It is clearly unsupportable and it is unfair in many ways. If a former soldier or a former police officer—perhaps now in their 70s—is concerned about being pursued through the courts for events that happened 30 or 40 years ago, that is a constant worry to them, their family and their friends. Equally, a family member of a victim of republican terrorists in a case where the perpetrators were never brought to justice has a feeling of great worry and concern, and has difficulty moving on. That concern affects people on all sides of the community in Northern Ireland, and my right hon. Friend is absolutely right that it has to be addressed.

It is for that reason that not just the Government but—I think I am right in saying—parties on both sides of the House and right the away across Northern Ireland believe that a new approach is vital if we are to put this right. That was why the original Stormont House agreement was announced some years ago, and it is why most recently we have been consulting on how to take this forward. We received more than 17,000 responses to the consultation, which shows the depth, breadth and intensity of concern about the current situation. We have now pretty much finished going through those responses. Some trends are starting to emerge, and we will of course bring them to the House as soon as we decently and responsibly can.

One thing is clear to everybody: everyone agrees on the aim. The difficulty is that, 30 or 40 years after some of the events of the troubles, we need a process that, while having a judicial element, is broader than just judicial. It must allow all sides of the community in Northern Ireland to establish the truth, where it can be established, be fair to all sides and allow people—society as a whole—to draw a line and move on.

While comparisons cannot be exact, because the situation in Northern Ireland is unlike anything else on the planet, this has been done in other societies. One famous example, of course, is the Truth and Reconciliation Commission in South Africa. Clearly, that would not work precisely in Northern Ireland, but it is essential that we find an equivalent process that aims at the same outcome of allowing people to feel that justice is being achieved with the truth established, wherever it can be, so that closure can be achieved for all sides on an equal basis wherever possible. That matters particularly for soldiers and police officers who served in Northern Ireland, but also for the families and grieving loved ones of victims.

I will endeavour to respond to my right hon. Friend’s further questions—I am sure he has many—but I hope that helps to set the scene.

[Mr Francois]

I am very grateful to you, Mr Speaker, for allowing this urgent question. There has been a great deal of media speculation over the last week about what the Ministry of Defence and the Northern Ireland Office want to do, yet no information has been given to the House. I sought this UQ to try to achieve some clarity—we will see how we get on, Sir.

The Secretary of State for Defence gave a very confident and front-footed speech at the Royal United Services Institute yesterday. I was in the audience and it was an excellent speech. She mentioned her intention to try to provide legal protection particularly for veterans who had served in the campaigns in Iraq and Afghanistan. We have seen articles in The Times and elsewhere to that effect, but thus far I am afraid we have had no specific details. If press reports are accurate, the MOD is aiming at something along the lines of a statute of limitations, taking force perhaps 10 years after a conflict has ended, after which no prosecution would be possible unless exceptional or compelling evidence were to come forward.

If that is the case, the Defence Secretary would be honouring the Conservative party’s 2017 manifesto—that would make a nice change—which reads:

“We will protect our brave armed forces personnel from persistent legal claims, which distress those who risk their lives for us, cost the taxpayer millions and undermine the armed forces”.

That is plain as a pikestaff, and if she is to do it, well and good, but we would like more details.

I will explain one reason why this is so pressing, in terms of the persecution of Iraq veterans. The MOD set up the Iraq Historic Allegations Team, which spent years looking into these cases, but unfortunately it became a racket. Several law firms—particularly the ironically named Public Interest Lawyers, led by an appalling man called Phil Shiner—trawled Iraq to encourage people to come forward and make false allegations. Basically, they made some of it up. That all came out in a court case when the trial collapsed after they admitted that they had fabricated evidence. My hon. Friend the Member for Plymouth, Moor View (Johnny Mercer)—a fellow member of the Defence Committee—then conducted a Sub-Committee inquiry into IHAT, which proved so shocking that the then Secretary of State for Defence, my right hon. Friend the Member for Sevenoaks (Sir Michael Fallon), shut the team down. I am sure that the whole House would agree that we must never do that again.

Turning to Northern Ireland, the Minister—I have a great deal of time for him, but perhaps slightly less time for his Department—rightly said that the NIO, under the Stormont House agreement, agreed with the parties in Northern Ireland to establish so-called legacy institutions to look into the past. The NIO’s interpretation of that means that it will set up some form of commission that will go back 50 years to 1968-69 and re-examine every fatality since—some 3,500 cases. Any serviceman or member of the Royal Ulster Constabulary, George Cross, who fired a fatal shot will therefore be reinvestigated. However, the alleged terrorists will not because, under the Good Friday agreement, Tony Blair gave them so-called letters of comfort, which mean that they are immune from prosecution. No alleged terrorist who was given one of those letters has been successfully prosecuted. The nearest we came was with the alleged Hyde Park bomber, but when he produced his letter of comfort in court, the judge abandoned the trial and declared an abuse of process. The entire process will be utterly one-sided, because service personnel and members of the RUC GC will be liable to prosecution, while those with letters of comfort get off scot-free.

After the appalling, tragic events in Londonderry, we all want the Northern Ireland Executive re-established—of course we do—but that cannot come at the price of some rancid, backstairs deal between the NIO and Sinn Féin-IRA that sells Corporal Johnny Atkins down the river. Up with that, I believe, this House will not put. We have a moral duty to defend those who defended us, and we abrogate that duty if, for reasons of political convenience, we allow the scapegoating of our veterans to pander to terrorists.

I want to ask the Minister six very specific questions—

[Mr Speaker]

Order. The challenge for the right hon. Gentleman is to do so before he reaches six minutes. He is brilliant, but he is no more addicted to brevity than I am.

[Mr Francois]

We are both addicts, Mr Speaker.

First, while I know that the Ministry of Defence is not the Minister’s Department, will he give us some indication of when the MOD will provide the House with more details of its proposals? Secondly, when will the NIO publish the response to the consultation on legacy issues to which the Minister referred? Thirdly, will the Minister confirm that a Bill will be required to set up the legacy institutions—or, as I call them, IHAT mark II? Fourthly, what discussions have taken place between NIO Ministers and civil servants, and Sinn Féin-IRA, and is there any truth in the rumours that they have demanded the continued investigation of British veterans as the price of re-entering the Executive? Fifthly, when will the Secretary of State for Northern Ireland come to the House to make an oral statement to update us so that Members can question her in detail about the NIO’s proposals?

Sixthly, and lastly, what would the Minister say to former Royal Marine David Griffin, aged 78, whom I met on Monday? He is being reinvestigated for a shooting in 1972 for which he was investigated, and completely cleared, at the time? If he wants to discuss the matter with Mr Griffin in person, would he be kind enough to go down to the Royal Hospital Chelsea, because that is where he now lives?

[John Penrose]

I will endeavour to respond to those six points, but may I begin by saying that I am sure that my right hon. Friend speaks for everybody in this House—he certainly speaks for me—when he says that we will have no rancid political deals here? That is not acceptable. If we are going to ask people potentially to put their lives on the line by serving in Her Majesty’s armed forces anywhere in the world, we need to make sure that we do the right thing by them when they have done the right thing by their country. As somebody who has served and who understands the importance of military discipline, my right hon. Friend will know that that is not unqualified, because there are rules within the armed forces. However, provided that people have adhered to those rules, we in this place, on both sides of the aisle, and more broadly across society, owe something in return, so there absolutely will be no rancid political deals on my watch, and I am sure that my right hon. Friend will be absolutely certain to make sure that that will not happen more broadly.

Before I come to my right hon. Friend’s six questions, may I put him right on a couple of other things? On his point about whether or not the Secretary of State announced a statute of limitations or an intention to move towards one, he is right that the details have not yet been fully put out. I understand that there will be a consultation with more details attached to it. Some press reports are talking about a presumption of non-prosecution rather than a statute of limitations; we will have to wait and see.

My right hon. Friend’s first question was about when the MOD will publish details. I am afraid that I cannot answer that as a Northern Ireland Office Minister. I imagine it will want to move forward fairly briskly, but to get a categorical answer, I am afraid he will have to raise that point either privately or at the next Defence questions.

[Mr Francois]

On Monday.

[John Penrose]

Exactly.

My right hon. Friend also made a point about the letters of comfort that were issued by a previous Government. I reassure him and other Members that legal reports have been issued on those letters since the cases that he mentioned saying that they are not an amnesty from prosecution. If a case can be made, letters of comfort will not in future be body armour against prosecution—[Interruption.] He is right to say that we will have to wait and see how that plays out when or if one of the cases comes to court, but that is the latest and strongest legal situation.

My right hon. Friend asked when we will publish the responses to the consultation. We have received 17,000 responses, and the answer is as soon as we decently can. We are very nearly there. It has taken a very long time to go through those responses. As I am sure that everybody will appreciate, they came from people with stories of tragedy to tell, so they needed to be gone through with a degree of respect and care, as I am sure that everyone would expect. It has taken some time to go through the process properly and to honour the reasons why people wrote in. We are very nearly there and we will bring them forward as soon as we decently can.

My right hon. Friend asked whether a Bill would be required to put new legacy arrangements in place as and when we come up with proposals. The answer is almost certainly yes, so the House will have an opportunity for full scrutiny according to the usual process—I suspect that that was why he asked the question. Everybody will have a chance to ask detailed questions about how this thing is being put together—

[Mr Francois]

And to vote on it.

[John Penrose]

To vote on it, and to confirm the important point, on which my right hon. Friend and I agree, that no rancid deals have been done.

My right hon. Friend asked whether Sinn Féin-IRA, as he characterised them, demanded a price in the talks. Not to my knowledge at all, but I think that goes back to his point about no rancid deals.

My right hon. Friend asked when the Secretary of State for Northern Ireland would make a statement on our plans. I think the answer to that is as soon as we have had a chance to discuss the issue in detail with different parties, both in Northern Ireland and here. I hope all Members will understand that while there is agreement on the direction and the outcome that everybody wants, the details matter hugely. He gave examples of real concerns about the initial set of Stormont agreement proposals for dealing with legacy. He could have given examples about other concerns. We have to deal with those and come up with proposals that work in detail and that have acceptance from all sides of the community in Northern Ireland. It is worth everybody’s while to take a little bit of extra time now to get the details right to come up with a process that everyone can live with, and to do the detailed design work—the pre-legislative scrutiny, if you like—so that we get that essential work right. The answer, therefore, is as soon as we decently can, but given the sensitivities involved and the precision required to come up with a process that, after decades, will stand the test of time and of warring views within Northern Ireland society, I hope my right hon. Friend will understand that we need something that is robust and put together with enormous care.

--- Later in debate ---

[Mr Francois]

Terrorists.

[Tony Lloyd]

I am happy to join the right hon. Gentleman in using that word. Therefore, by definition, those were illegal and in need of investigation, where there can be no bar because of the passage of time. Every serving soldier swears an oath of allegiance to Her Majesty Queen Elizabeth II, to

“observe and obey all orders of Her Majesty, Her heirs and successors and of the generals and officers set over me.”

It should be axiomatic that when a soldier has obeyed those Queen’s regulations and acted within the orders set out, that individual soldier should be protected from vexatious attacks—that is legitimate whether in foreign fields or in the context of Northern Ireland. But I have to say to the Minister, and I am not sure he wants to disagree with me on this, that it is very hard for me to recognise that when a soldier has broken that solemn oath of allegiance to the Queen—a solemn oath to uphold our laws—and wilfully broken it, leading to the death of individuals, that should be put beyond time for investigation. We have to be very clear in this House that investigating the most serious crimes, where death has taken place, we have to be resolute and absolute in saying there can be no statute of limitations. Crime is crime. Murder is murder, and we need to establish as a House, as a nation, that our principles uphold the rule of law and uphold not simply our international obligations, but our moral obligations.

In that context, can the Minister confirm specifically that the Police Service of Northern Ireland now—and any other investigatory body—will, by law, be enjoined to investigate those most serious crimes, whether committed by republican terrorists, loyalist terrorists or those in the police service or the Army who wilfully have broken our laws? That is the important distinction. The important distinction is between protection from vexatious claims for those who legitimately carried out the Queen’s orders—that is right and proper and we should establish that—and no protection for those who wilfully broke our laws.

--- Later in debate ---

[John Penrose]

May I start by saying that I certainly agree with the underlying premise of the hon. Gentleman’s point, which is that we need to make sure that we are doing the right thing by our armed forces? The difficulty lies with the legal underpinnings. The legal difference between soldiers serving abroad versus soldiers serving in Northern Ireland in support of the police is important. It means that our route to arriving at the goal that he wants to get us to, and that I want to get us to, has to be a different one. Let me take a specific case in point: people who suggest that we should have some kind of a statute of limitations for forces that have been serving abroad need to realise that if we try to do that in the UK, that statute of limitations, according to human rights law, would have to apply to all sides of the conflict in Northern Ireland.

[Mr Francois]

They got letters of comfort. They are scot-free.

[John Penrose]

The Northern Ireland letters of comfort, as I have already said, do not stop prosecutions under the latest legal guidance. Therefore, we have to come up with something that gets us to the point that the hon. Gentleman is trying to illustrate, but it must have a different legal foundation to it. I wish it were simpler. I wish that it were not the case, but it is and we have to take the world as we find it. That should be an explanation about why it is hard, but not a satisfactory justification for not trying and not getting there, and not getting there soon.

--- Later in debate ---

[John Penrose]

I agree strongly that the scales of justice must be able to balance, and it is not just a question of balancing in one or two cases—they must balance for all cases, and be seen to balance by all sides. We are all here today because there is a widespread perception, on both sides of the community in Northern Ireland, that those scales are tilted for different reasons in different ways. My hon. Friend is right to make that point, and I remind him of my earlier answer on the letters of comfort. Those letters have now been reviewed, and the latest legal report states that they do not provide immunity from prosecution—

[Mr Francois]

But no one has ever been prosecuted!

[John Penrose]

They may not have ever been prosecuted, but the letters do not provide immunity from prosecution.

[Mr Francois]

What is the difference?