Iraq Historic Allegations Team

Debate between Tom Tugendhat and Steven Paterson

Wednesday 27th January 2016 Westminster Hall

[Steven Paterson (Stirling) (SNP)]

I thank the hon. Member for Newbury (Richard Benyon) securing today’s debate. It is crucial that we not only support our service personnel but uphold human rights and have the UK show leadership in promoting international human rights.

Our armed forces carry out a vital role on our behalf, often in harsh and dangerous conditions. Their courage and professionalism are to their immense credit. As part of that professionalism, our armed forces should and must be able to justify their decisions and actions against clearly defined standards of conduct. When allegations are made that conduct has not met the high standards expected by both society and the armed forces, they must be taken seriously. When there is a case to answer, the case must be investigated fully and fairly.

Since the inception of the Iraq Historic Allegations Team, a number of issues have arisen that require consideration, as many speakers have touched on today. They include the scope of the investigations, the considerable volume of the case load, the amount of time that has passed in some of the incidents involved and concerns about the credibility and veracity of the allegations. Each of those issues presents challenges to IHAT and to us, who oversee it, in the dispensing of justice.

The latest figures that I have seen indicate that 1,514 allegations have been reported to IHAT, making up 1,329 cases. Of those, 43 have been closed and 57 dropped, with 280 UK veterans under investigation. It is only fitting and fair that we are concerned about the number of allegations and the speed of the investigations, and it is no surprise that many hon. Members, including the hon. Member for South Dorset (Richard Drax), have raised that issue.

I understand that IHAT has about 150 staff, so in my view, it is reasonable to question the speed at which cases are being dealt with. Indeed, if I were a member of a committee scrutinising the issue, I would have serious questions for witnesses and would be pressing them on the apparently slow rate of progress and for a comparison with other legal jurisdictions.

I fully understand that we are talking about a unique situation in many respects, given the challenges in investigating allegations. However, the rate of progress is an issue. The hon. Member for Newbury raised the issue of trails going cold on some of the investigations. We need to address that and face the reality that in some—indeed, many—cases, it might not be possible to get the evidence we need to establish whether an allegation is true. That might simply mean that the case cannot proceed, and I look forward to hearing what the Minister has to say about that.

Turning to the credibility and motives of those bringing complaints, which many Members have raised, I have concerns that there may well be instances in which the current system is being abused, and that spurious allegations are being brought against military personnel and service veterans. The answer lies in ensuring that we have a system in place that allows the prompt dismissal of cases that are brought on flimsy evidence or are not evidence-based. In cases where evidence is found to have been falsified or deliberately distorted, I would want to see penalties imposed for what I consider to be akin to the criminal charges of perverting the course of justice or, at the very least, wasting police time, or its equivalent in Scottish law.

As my hon. Friend the Member for Dunfermline and West Fife (Douglas Chapman) said, our legal system in this area must uphold the values of the European convention on human rights, as well as other international human rights treaties. We have to work with other nations to set an example of our values on human rights. Some Members have expressed the desire to derogate from the convention, but that is not the right way forward. The European convention on human rights was born out of the horrific events of world war two, which rightly made the international community think very carefully.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

The hon. Gentleman is making a very good point, but the problem with regard to derogation is that it was specifically intended by the authors to allow for operations outside the territory. The danger of the argument he is making is that the Scottish National party is turning soldiers from cannon fodder into courtroom fodder.

[Steven Paterson]

I will resist getting into party politics. This is a serious case and I do not think that the hon. Gentleman made his point very well there—[Interruption.]