Iraq Historic Allegations Team Debate

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Department: Ministry of Defence
Wednesday 27th January 2016

(8 years, 3 months ago)

Westminster Hall
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Richard Drax Portrait Richard Drax (South Dorset) (Con)
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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 Portrait Nusrat Ghani
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Will my hon. Friend give way?

Richard Drax Portrait Richard Drax
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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?