Sergeant Nightingale

Patrick Mercer Excerpts

Tuesday 20th November 2012 Commons Chamber

[Patrick Mercer (Newark) (Con)]

I congratulate my hon. Friend the Member for Canterbury (Mr Brazier) on securing this debate, and thank him for allowing me to speak. I have sat on, and remanded men for, courts martial. I have allowed men to seek trial by court martial and I respect and understand the system. I see that it is not a normal court of law; it is not a judge and jury per se, but rather a panel of brothers, sitting in judgment on another brother, or indeed sister. My whole experience of courts martial has been one of admiration. I understand that Sergeant Nightingale has pleaded guilty to the charges laid before him, and that he has borne himself with dignity. I understand that his crime is a serious one. Paragraph 2.7 of the court-martial sentencing guidance of October 2009 points to operational effectiveness. It states that the court martial must take into account what is in the best interests of the service.

I have no doubt that, as Sergeant Nightingale has pleaded guilty, he expects some form of penalty to be imposed. I suggest, however, that that will operationally affect not just our special forces but every soldier, sailor, airman and Royal Marine who puts his or her life on the line for their country and understands that the country owes them a debt of honour. I ask my hon. Friend the Solicitor-General that, should an appeal be submitted, he will not seek to oppose it.

Dr David Kelly

Patrick Mercer Excerpts

Thursday 9th June 2011 Commons Chamber

[The Attorney-General]

I have looked at the book on several occasions. It is partly a critique of the evidential process of the inquiry and partly a speculation—I do not think it has ever been suggested that it is anything more than speculation—about alternative possibilities for what might have happened to Dr Kelly. Having focused on the evidence, I have come to conclusions on the evidence. I hope that, as a result, my hon. Friend the Member for Lewes (Norman Baker)—quite apart from anyone else—may conclude that this was in fact a case of suicide.

[Patrick Mercer (Newark) (Con)]

May I thank the Attorney-General for the clarity that has been shed on this subject? However, there is no doubt that certain bodies will now ask for a judicial review of his decision. Would the Government care to undertake not to order costs to be raised against them in the event of that application being unsuccessful?

[The Attorney-General]

I have to say to my hon. Friend that that is a hypothetical question. It is obviously open to individuals to apply for judicial review of my reasoning and decisions. At the moment, I simply express the hope that they will not feel the need to do so.