Iraq Historic Allegations Team

Toby Perkins Excerpts

Wednesday 27th January 2016 Westminster Hall

[Toby Perkins (Chesterfield) (Lab)]

I congratulate the hon. Member for Newbury (Richard Benyon) not only on securing the debate, but on his excellent contribution and the valuable perspective that he brought to the debate—I think it informed all of us.

This important issue raises emotions and concerns among all hon. Members. It is a matter of tremendous national pride that Britain’s world-class armed forces are renowned across the globe for upholding the very highest military standards, so often while performing in the most dangerous of theatres, and are rightly acknowledged as being expected to conform to, and indeed as achieving, the very highest standards of ethical behaviour. None of us should forget for a moment the debt of gratitude that we owe to our servicemen and women, nor should we lack humility about what we in this House have expected of them under the most trying circumstances imaginable.

I turn to the purpose of establishing the Iraq Historic Allegations Team. Rather than begin a long drawn-out public inquiry, it was considered to be better for all parties concerned to deal with allegations on a case by case basis, managed by a dedicated team, to identify whether there were causes for concern and to manage the process in as timely a manner as possible. In November 2010, IHAT was given full investigatory powers by the coalition Government to ensure that the resulting investigations would be in keeping with the UK’s legal obligations under the European convention on human rights, and I share many of the concerns that hon. Members have raised today.

It is important to re-emphasise that although we all have tremendous respect for our armed forces and the work they do, and although we are all conscious of the danger of malicious inquiries and the effect that they would have on the morale and stress of those serving, nobody in this debate has been arguing that our soldiers are above the law. We have to ensure that when serious allegations are made, they are properly investigated. The UK is among the countries with the highest human rights standards in the world, and we should be proud of being held to those standards.

The work of IHAT, however, was initially due to be concluded in 2012. We are now in 2016, with the conclusion deferred at least until 2019. There is a genuine fear that IHAT is becoming exactly what it was designed to prevent: a drawn-out investigation that becomes a burden on valued members of the armed forces and the taxpayer alike. There is also a sense that the transparency and generosity of spirit evident in the setting up of the team is being abused by irresponsible law firms or malicious complainants.

Although it is right to ensure that allegations are properly investigated, we also have to prevent abuse of the public purse and ensure that our justice system is not being systematically abused. We are all aware of the recent allegations of ambulance chasing by certain law firms, and the Prime Minister rightly said today that certain firms clearly have questions to answer.

As we have heard, only this week 57 allegations of unlawful killing were dropped due to lack of evidence. That is 57 innocent soldiers who have had that hanging over their heads and have faced the prospect of prosecution for crimes of which they knew they were innocent. It is imperative that we do all we can to prevent that from happening again. However, using the alleged cases of ambulance chasing as an excuse to withdraw from the European convention on human rights seems to be the wrong approach. I am happy to look at the details of the Government’s proposals and to support evidence-based measures that discourage claims without merit and make sure they are not funded through legal aid.

[Victoria Prentis]

Will the hon. Gentleman give way?

[Toby Perkins]

I do not have time.

I believe that measures such as re-examining the current eligibility criteria for legal aid, or the development of a residency test for civil legal aid, would be very welcome. I know that I, like other Members, would have trouble explaining to my constituents in Chesterfield why an individual who has never set foot on British soil should be able to claim legal aid to bring civil legal action against a member of our armed forces at the UK taxpayer’s expense. Not only is the prospect of prosecution for an alleged historic crime traumatic for the serving soldier, but I am worried, as are other Members, that such a practice could act as a barrier to recruitment in future generations. For that reason, I am also interested to read the Government’s proposals on a time limit for individuals or firms to submit cases to IHAT.

I ask the Minister the following questions. How can the Government guarantee that only individuals with a strong connection with the UK will have access to UK-funded legal aid? Will the Government consider applying a specific time limit or cut-off date relating to allegations of human rights abuse in Iraq? What more can the Minister tell us about the success the Government have had in prosecuting firms who make malicious complaints, as the Prime Minister referred to today? Can she tell us what steps will be taken to enforce that approach and what criteria will be used to decide that a complaint is without merit? What impact do the Government believe the process is having on morale, on the stress levels of people who served in Iraq and on recruitment and retention within the Army, both among those who served in Iraq and more generally? Do the Government think that a timetable of 2019 for concluding the work of IHAT is acceptable, and what steps are they taking to support and reassure servicemen and women who suddenly find themselves within the process?

I want to reiterate our admiration for those who served in Iraq and assure the Government of our intention to support any practical steps that they can take to rebuild confidence in this process.