Iraq Historic Allegations Team

Nusrat Ghani Excerpts

Wednesday 27th January 2016 Westminster Hall

[Nusrat Ghani (Wealden) (Con)]

Does my hon. Friend agree with one of my constituents who explained in an email that the present wars are not the same as wars in the past, where it was obvious who the enemy was and certain standards were adhered to on both sides? We are working in very difficult times at the moment.

[Richard Benyon]

Most of the asymmetric conflicts that we have fought in recent years are extremely difficult. We are fighting an enemy who does not sign up to the Geneva convention and the basic rules of war. I will make suggestions for the Minister that I think might address those concerns. My hon. Friend is, as always, absolutely right.

My hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat) co-wrote a landmark report last year called, “Clearing the Fog of Law”. I recommend it to hon. Members. In it he makes some recommendations that are intellectually researched and will go a long way to address the problem that we discuss today. I am also grateful for any contribution to the debate from my hon. Friend the Member for Banbury (Victoria Prentis) whose understanding of these issues within the machinery of Government is second to none.

My right hon. Friend the Member for Mid Sussex (Sir Nicholas Soames), who has asked me to say he is sorry he cannot be here as he is in hospital, wrote a powerful article last week in which he described an action in which a sniper shot and killed an insurgent who was about to fire an RPG-7 round towards troops. The shot was made from 1,200 metres—an act of skill that is hard to imagine. However, in absolutist terms, it could be that this fatality was illegal as the sniper did not issue a verbal warning. To give such a warning in a language that an assailant can understand over that distance is clearly a ridiculous concept, even before you try to second-guess the thoughts racing through the sniper’s mind as he balanced the rules of engagement with the safety of his mates. I think he did the right thing. Now we are led to believe that he is being investigated because a firm of lawyers—sitting, no doubt, in the comfort of offices in London or Birmingham—have realised that there is money to be made here. The lawyers have tracked down the deceased’s family, who have no doubt been told of the riches available on a no win, no fee basis or possibly from legal aid. This has to stop.

The Iraq Historic Allegations Team was being set up in the last days of the previous Labour Government. It was put into operation by the coalition Government for a perfectly respectable reason, and no doubt also to offset some of the threats from international judicial processes, to tackle alleged crimes in that conflict.

--- Later in debate ---

[Richard Drax (South Dorset) (Con)]

I pay huge tribute to my hon. Friend the Member for Newbury (Richard Benyon) for such an excellent speech and for bringing the subject to the Westminster Hall Chamber. I will now gabble through my speech in two minutes and 51 seconds.

As a former soldier, I welcome the opportunity to put on the record how deeply disturbing I find the relentless pursuit of our servicemen and women by unscrupulous and opportunistic lawyers. I welcome the Prime Minister’s commitment to clamp down on the abuse, but I wish he would go further. I understand, however, that shutting investigations down would create an even more legalistic nightmare.

We all acknowledge that if and when atrocities are committed, or are alleged to have been committed, they need to be investigated. The Iraq Historic Allegations Team was established for that purpose in a genuine attempt to right historic wrongs and to deliver effective criminal investigation of allegations of murder, abuse and torture. In the case of Baha Mousa, for example, it worked.

One of the problems of the investigations now is the time that they are taking. Over the past five years, only a small number of the 1,500 cases have been looked at, and then only after nearly £60 million was given to IHAT to look into the allegations. Will the Minister comment on that when she sums up?

Another problem is that hundreds of the cases were fed to IHAT by only two legal firms, Public Interest Lawyers and Leigh Day.

[Nusrat Ghani]

Will my hon. Friend give way?

[Richard Drax]

I really do not have time, so I will fire on, if I may.

The perception is that left-leaning lawyers are intent on undermining one of the pillars of the establishment—namely, the armed forces. Given the opportunity, they are jumping to the task with relish. Unbelievably, it is alleged that middlemen touting for clients in Iraq received referral fees, which are prohibited, thus inviting fabrication and fantasy, which was never the intention. Those self-serving and unscrupulous firms have wrapped themselves in the banner of human rights, creating a compensation industry funded by the taxpayer.

Although I am delighted to learn that the gravy train is now coming off the rails, with both firms facing the Solicitors Regulation Authority and Leigh Day now referred to the solicitors disciplinary tribunal, the damage has been done and remains in the huge backlog of cases. For example, one British soldier could now in turn face investigations by the Iraq Historic Allegations Team and the International Criminal Court at the Hague; civil claims for compensation in the High Court; and finally an inquest by the Iraq fatality investigations—you couldn’t make it up!

Our soldiers are left feeling persecuted and betrayed. Those still serving are demoralised and people thinking of serving may think again. How on earth will we prosecute a war in the future if at every turn our servicemen and women fear being investigated for doing their duty, which, let us not forget, is to kill the enemy?