G7 and NATO Summits

Julian Lewis Excerpts

Wednesday 16th June 2021 Commons Chamber

[The Prime Minister]

UNGA is, indeed, a very important way station, but this was a great start.

[Dr Julian Lewis (New Forest East) (Con)]

Given our shared belief that without the US and NATO there can be no security for the UK and Europe, does my right hon. Friend recall the strain on Anglo-American relations caused by Huawei’s infiltration of our critical national infrastructure? Will he therefore ensure that companies with dodgy and dubious links to the Chinese and Russian regimes will be firmly and fully shut out from building or operating our vital data and power pipelines in future?

[The Prime Minister]

My right hon. Friend knows a great deal about what he speaks of. That is why we have passed the recent legislation to ensure that we protect this country from the loss of intellectual property and the sale of crucial national security businesses to unreliable partners overseas.

His Royal Highness The Prince Philip, Duke of Edinburgh

Julian Lewis Excerpts

Monday 12th April 2021 Commons Chamber

[Dr Julian Lewis (New Forest East) (Con)]

Combining his royal role with a very long life meant that Prince Philip met vast numbers of people in widely differing circumstances. One of his more unusual encounters was with two late friends of mine who were Fleet Air Arm veterans of the second world war.

On 29 January 1945, pilot Roy “Gus” Halliday and telegraphist air gunner Norman “Dickie” Richardson, together with their observer, were coaxing their crippled Grumman Avenger back to the safety of the British fleet. They had just completed the second stage of Operation Meridian, the destruction by dive-bombing of two heavily defended oil refineries at Palembang in Japanese-occupied Sumatra. The raids were extremely hazardous, but despite grievous losses they massively reduced the output of both refineries and scored a major strategic success. Prince Philip was the first lieutenant—the executive officer—of HMS Whelp, a brand-new destroyer and key component in the protective screen of the British Pacific fleet and its four carriers, from which the airstrikes had been launched.

As the Avenger ditched and went under, the Whelp raced to the rescue. In the nick of time, all three aircrew were plucked from their leaking life raft in heaving waters, freshly kitted out and given every support after their perilous ordeal. It was only gradually, on the return journey, that they realised the special status of their principal saviour.

In 2006, the BBC’s Siân Price reunited Gus Halliday DSC and Dickie Richardson DSM with the officer who saved their lives and who, after doing so, introduced himself simply as “Lieutenant Philip”. The programme, entitled “A Right Royal Rescue”, is still accessible online; I commend it to colleagues and to the public as a touching memento of three very brave men and as a reminder of the spirit of a great generation.

Like countless other parliamentarians, I saw Prince Philip in action on visits to my constituency and to other constituencies close to the New Forest. Such visits were greatly valued, but I felt rather underqualified to add to what has so ably been reported in the media by royal correspondents and by others who really knew him. However, my doubts were dispelled by someone fully qualified to comment on the royal family: our splendid former colleague Sir Nicholas Soames, who served both as armed forces Minister and as shadow Defence Secretary at the head of a happy team that included me. He explained that

“the whole nature of Prince Philip’s career and his devotion to Queen and Country was fashioned in his wartime training and service in the Royal Navy”.

Because of that, it seemed fitting to share with the House today this cameo of Prince Philip’s gallantry and humanity in combat, as well as expressing the sympathy of the people of New Forest East and of New Forest West with Her Majesty the Queen and all members of her family.

Integrated Review

Julian Lewis Excerpts

Tuesday 16th March 2021 Commons Chamber

[The Prime Minister]

The hon. Lady should recognise that this is the biggest commitment in spending on our armed forces since the cold war. Labour left a black hole in our defence money of £38 billion. [Interruption.] Yes, they did. This is a massive investment and it is designed to deal with the chronic problems that previous Governments have failed to address—modernising our forces with AI, with the future combat air system, and finally moving into cyber. I think that is the hard-edged investment this country needs to modernise our forces and take them forward. Labour consistently failed to do that.

[Dr Julian Lewis (New Forest East) (Con)]

As the Prime Minister just mentioned the National Security and Investment Bill, I hope I can rely on him to help the Intelligence and Security Committee to remove the obstacles that are being placed in our way in wishing to scrutinise the work of the Investment Security Unit.

Although there are strong analytical aspects to this review, it is suggested on pages 62 to 63 that our adversary, communist China,

“is an increasingly important partner in tackling global challenges like pandemic preparedness”—

if you please—and that we want

“deeper trade links and more Chinese investment in the UK.”

Does not that unfortunately demonstrate that the grasping naivety of the Cameron-Osborne years still lingers on in some Departments of State?

Covid-19: Road Map

Julian Lewis Excerpts

Monday 22nd February 2021 Commons Chamber

[The Prime Minister]

I thank the right hon. Lady and repeat the point that I have made to her many times before, although I am grateful to her for raising this again: we will continue to look after people throughout the pandemic. We have increased benefits. There is the payment of £500 and other payments that we will make available. Our undertaking is to make sure that we protect people, whether they are self-isolating or are forced not to be able to work throughout the duration of the pandemic, and she will be hearing more about that from the Chancellor on 3 March.

[Dr Julian Lewis (New Forest East) (Con)]

Thankfully, my right hon. Friend has clearly stated today that an extreme zero-covid approach is impracticable. Can he confirm that most, if not all, of his key scientific advisers now accept that our strategic goal must be and is a practical, vaccine-based method of controlling covid like any other serious respiratory virus, such as influenza?

[The Prime Minister]

My right hon. Friend is completely right in the analogy he draws. The only reason I am able to say to the country that we must learn to live with covid as we live with flu in the long term is, of course, because we have this vaccination programme and the capability to evolve our vaccines.

Armed Forces Bill

Julian Lewis Excerpts

2nd reading & 2nd reading: House of Commons
Monday 8th February 2021 Commons Chamber

[Johnny Mercer]

I thank my right hon. Friend for his question. I think it is appropriate that I deal with this matter now, although it may come up a number of times during the debate. Let me be absolutely clear: this Prime Minister, for the first time in this country’s history, has committed to ending the vexatious nature of repeat investigations of our veterans who served in Northern Ireland; this Northern Ireland Secretary has given the same commitments; and we are closer now than we have ever been to delivering on that promise. Those veterans are not left behind. I pay tribute to them for their service. Legislation will be coming in due course from the Northern Ireland Office. The Government are working and are committed to this issue like never before. I just urge a little more patience. Colleagues will know my commitment to the issue, and I am determined to see it through.

[Dr Julian Lewis (New Forest East) (Con)]

I certainly endorse everything that the Minister has said about his own commitment and the commitment of the Government to this issue. May I just make an appeal that, when he does bring forward the legislation for Northern Ireland veterans, it focuses not only on the question of prosecutions, but on the question of investigations, the vast majority of which never lead to prosecutions but are still terribly oppressive? That is what is missing from the Overseas Operations (Service Personnel and Veterans) Bill; it is good on prosecutions, but has not yet done enough about repeated reinvestigation.

[Johnny Mercer]

My right hon. Friend is very knowledgeable and learned in this space. The issue is a lot more complicated than it is made out to be by a lot of people who contribute to this debate. There is no evidence, essentially, of vexatious prosecutions per se. It is the investigations that are the trouble. There are elements of this Bill that address how we investigate. There are elements not in this Bill that are being brought into the Department, such as a serious crime unit, to ensure that these things can never happen again.

Let me be clear that if we were to invent a system that essentially said, “We will not investigate”, that would be the equivalent of an amnesty, and this Government are not committed to going down that route either. This is a difficult area and it is a delicate balance, but the strategic objective has been set by the Prime Minister; it is one that I and many Members in the House have campaigned on for years, and we will deliver on it. It is a tough ask and a tough battle, but we will win it. I urge patience while we get to the end of this battle.

--- Later in debate ---

[Dr Julian Lewis (New Forest East) (Con)]

Printed at the beginning of every annual report on the armed forces covenant made by the Secretary of State for Defence is the following statement:

“The first duty of Government is the defence of the realm. Our Armed Forces fulfil that responsibility on behalf of the Government, sacrificing some civilian freedoms, facing danger and, sometimes, suffering serious injury or death as a result of their duty. Families also play a vital role in supporting the operational effectiveness of our Armed Forces. In return, the whole nation has a moral obligation to the members of the Naval Service, the Army and the Royal Air Force, together with their families.”

Clause 8 places a duty on organisations throughout the UK to give what is termed “due regard” to the main principles of the armed forces covenant. The bodies affected include local authorities, health authorities, education authorities and housing authorities in particular. These principles—the unique obligations and sacrifices by the armed forces, the desirability of removing disadvantages arising from membership or former membership of the armed forces, and the special provision for servicepeople that may be justified by the effects of membership or former membership of the armed forces—already lie on the Secretary of State himself. It is interesting to see, in the short time available, what the reports that he makes every year on the armed forces covenant have said about issues such as the war-damaged, the war-widowed and the war-targeted for repeated reinvestigation.

On the question of the war widows, the issue of the 200 to 260 war widows who lost their war widow’s pension on cohabitation or remarriage has been raised many times by me. In these reports, the Government show again and again that they are well seized of the injustice and, indeed, impropriety of having been unable to restore those pensions to those widows. It is good that the reports show that the Government are persisting in this, and they should persist.

Less attention is given in the reports to the problems arising for so many veterans from having been injured by blast on active service in Iraq and Afghanistan. Something called traumatic brain injury, and in particular the blast variant, has been mentioned only once in the annual reports, yet it has been shown time and again that more attention needs to be paid to it, because the resulting symptoms can sometimes be mistaken for post-traumatic stress disorder and, as a result, gravely incorrect treatment can be given. More attention needs to be paid to that.

On the question of prosecutions, it is fascinating to see successive comments in the Secretary of State’s annual reports, starting with one in 2018 that noted, quite rightly, that

“There is a growing strength of feeling within Parliament and elsewhere that our Service Personnel and Veterans should be afforded greater legal protection from prosecutions related to historical operations than they currently receive.”

Time and again, the Secretary of State makes it perfectly clear that he totally agrees with that. The only point that needs to be expressed, and which cannot be emphasised too strongly to Ministers, who I know are determined to protect our servicemen, is that they must not only protect them from prosecution; they must protect them from vexatious reinvestigation.

Integrated Review

Julian Lewis Excerpts

Thursday 19th November 2020 Commons Chamber

[The Prime Minister]

I thank the hon. Gentleman and I recognise and admire the service that he has given to this country in our armed forces. He is completely right to point to the issue of a proposed potential American draw-down in those areas. We are watching it very closely, and we will be working with our American friends in the new Administration to do whatever we can to protect the stability and security of those troubled countries.

[Dr Julian Lewis (New Forest East) (Ind) [V]]

Thankfully, the Prime Minister is fulfilling his leadership election promise on defence spending. Given that the National Cyber Force formally announced today involves offensive cyber operations, I welcome the fact that the ISC will provide oversight of this joint MOD-GCHQ venture. Is my right hon. Friend fully satisfied that the ISC is now properly constituted to conduct this scrutiny impartially and independently?

[The Prime Minister]

Yes. I believe that the Intelligence and Security Committee is well equipped to provide exactly that further layer of scrutiny of cyber operations.

Overseas Operations (Service Personnel and Veterans) Bill

Julian Lewis Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 3rd November 2020 Commons Chamber

[Mr Jones]

It is better than he did in Committee when he called me a hypocrite, Madam Deputy Speaker, but if he listens to what I am saying, he will know that I am not saying that. I know that his attention span is not very good, and he does not tend to listen. What he tends to do is just stick to what he has in front of him and his view of the world, rather than hearing what people are saying. The issue is—[Interruption.] Well, he can say “brilliant” and chunter as much as he likes, but this is the issue—the delays that are taking place because of the investigations.

I have referred to Judge Blackett, and the Minister was there when the evidence was taken. Judge Blackett is a just-retired senior judge of the service justice system, and he said:

“The Bill is effectively looking at the wrong end of the telescope. It is looking at the prosecution end, and you have got to remember that you do not prosecute until you investigate—and you have got to investigate. This will not stop people being investigated and it will not stop people being re-investigated and investigated again. Lots of investigations do not go anywhere, but the people who are investigated do not see that.”—[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 8 October 2020; c. 120.]

That came up when we took evidence from Major Campbell. I will put it on record again that his case was a disgrace, because it took 17 years, but this Bill will do nothing to speed up such cases or to ensure that reinvestigations do not occur. That is the key problem. The problem is not the prosecutions, because their number is very small.

[Dr Julian Lewis (New Forest East) (Ind)]

I have put in three written questions about this Bill, and yesterday I had answers to them. Two of the answers were helpful, but one, on the point that the right hon. Gentleman is making, was not. I was trying to establish how many investigations had not resulted in prosecutions, and I could not seem to get an answer, yet that is central to the whole problem. The core of the problem is not the small number who get prosecuted but the large number who get investigated.

[Mr Jones]

The right hon. Gentleman is correct. That came out in evidence that we took throughout the Committee. The issue is not the number of prosecutions but the number of investigations and how we can speed up the length of time they take.

The problem is that the Ministry seems to have a deaf ear when it comes to recognising that we need to address the issue around investigations, which is what new clause 1 would do. It would ensure that we had judicial oversight of the investigations. We can see what we have at the moment from the example of Major Campbell’s case, which went on and on. New clause 1 states that after a certain period of time, the evidence should be put before a judge to see whether there was a case to answer. Clearly, if the evidence did not meet the test and the case was going nowhere, it would get thrown out there and then. Alternatively, it could be decided that the case needed further investigation, but at least that would ensure that, after six months, there was some judicial oversight of the investigation. That would be a way of ensuring that these investigations did not go on for a long time.

--- Later in debate ---

[Dan Jarvis]

I thank the hon. Gentleman for the comments towards the end of his remarks. There is a weight of expert opinion. I am reassured about the strength of the case that I and other hon. Members are seeking to make today by the contacts I have had with my former colleagues who are still serving in our armed forces. There is a genuine debate still to be had about this. I am sure that the Minister will want to engage with the substance of the debate. Let us keep talking about it.

[Dr Julian Lewis]

When the Defence Committee was looking at the matter in the previous two Parliaments, it recommended a Bill of this sort provided that the time limit was qualified by the absence of compelling new evidence. Is the hon. and gallant Gentleman saying that he does not feel that that proviso is in the Bill? If that proviso is in the Bill, if there were compelling new evidence that had not come forward in the first five years but came forward afterwards, then indeed a prosecution could proceed.

[Dan Jarvis]

The right hon. Gentleman makes a very important point. I certainly assume that all of us attend this debate and seek to make contributions in good faith, and I think there is a genuine desire from Members from all parts of the House to improve this Bill. The Minister has indicated on a number of occasions that in good faith he wants to have that continuing conversation with Members about how we can improve the Bill. There is still time to do so, and I very much hope that we will not miss out on that opportunity.

--- Later in debate ---

[Mr Davis]

My hon. and gallant Friend is exactly right, and I want to see the reputation that comes from that preserved after this Bill becomes law.

I will briefly address the weaknesses of two parts of the Bill separately—this addresses directly my hon. Friend’s comments: first, the criminal prosecutions and then the civil cases.

Prosecutions against armed forces personnel are not brought by just any lawyer. They are brought by the Service Prosecuting Authority, which is part of the Ministry of Defence. As it stands, a prosecution can be brought only where there is sufficient evidence that the accused committed the offence and where it is in the public interest that the prosecution should be made. There is therefore already a high threshold for prosecution. As a result, since 2000, there have been 27 prosecutions. Given how many thousands of members of our armed forces have been in operations in difficult circumstances—in close quarters with the civilian population, fighting against an asymmetric enemy—that is an astonishingly low number. That is not a prosecution system that is out of control. That alone shows that the system is not slanted against soldiers.

[Dr Julian Lewis]

I agree with my right hon. Friend that the prosecution system is not out of control, but does he agree that the investigatory system is? To answer my own intervention on the hon. and gallant Member for Barnsley Central (Dan Jarvis), is my right hon. Friend aware that clause 3(2)(b) says that the five-year limit will not apply unless

“compelling new evidence has become available”?

Why is he not reassured by that?

[Mr Davis]

I will tell my right hon. Friend in a moment exactly why I am not reassured by that, but he is quite right that the issue is the repeated investigation of people who are innocent, in most cases. That is a harassing and destructive thing. The best known case is that of Major Campbell, who underwent eight investigations. I am afraid that the real blame lay with the Ministry of Defence for at least four of them. That is what we should address.

As I say, the prosecution system is not slanted against soldiers. I will give the rather gruesome, well known example of Baha Mousa, a 26-year-old Iraqi man who, in 2003, was dragged from his desk while working as a hotel receptionist by British soldiers, handcuffed and taken to a detention facility in Basra. Thirty-six hours later, he had been beaten to death, having suffered 93 separate injuries while in the custody of British forces. The number of solders convicted of murder as a result: zero. The number convicted of manslaughter: zero. There was a single conviction of one soldier, who confessed to inhumane treatment and got one year in prison.

It is difficult for prosecuting and other authorities to make out a clear-cut case of torture, inhumane treatment or even manslaughter, so I do not believe that the system operates against the interests of the armed forces. Indeed, on the several occasions on which the Government have been asked to produce a case of vexatious prosecution—not investigation, but prosecution—they have never been able to name one. That is not surprising. The Service Prosecuting Authority—the body that brings prosecutions—already dismisses claims that it believes are vexatious. In evidence to the Joint Committee on Human Rights, Nicholas Mercer, the former Command Legal Adviser in Iraq, said:

“Before I left the army, I gave legal advice on a number of prominent cases…I found a case that was without merit and I closed it. It was as simple as that. I do not need legislation to do that. It happens already.” That is a good reflection on our system, and we should not be ashamed of it.

The area of contention, which has been mentioned by the hon. and gallant Member for Barnsley Central, is the triple lock against prosecutions. The Government’s own stated aim is to raise the bar for prosecutions after five years. In its scrutiny of the Bill, the Joint Committee on Human Rights concluded:

“a limitation period that would prevent prosecutions is unlawful under international law if it prevents investigations and prosecutions in relation to torture, war crimes, crimes against humanity and genocide.”

The Government state that the measure is not a statute of limitations. The Law Society, which some may dismiss, agrees with the JCHR, and concludes that the presumption against prosecution creates a “quasi-statute of limitation” that is “unprecedented” in criminal law, and represents

“a significant barrier to justice.”

Rather more importantly, the Judge Advocate General, whom I described earlier, has said:

“In my view, what this Bill does is exactly the opposite of what it is trying to do. What it is trying to do is to stop ambulance-chasing solicitors and vexatious and unmeritorious claims. The Minister quite rightly said we want rigour and integrity. What it actually does is increase the risk of service personnel appearing before the International Criminal Court. That is why I said it was ill conceived.”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 8 October 2020; c.117-18, Q234.]

That is the Judge Advocate General, the most expert person in the country on this subject. He also described, incidentally, the Bill as bringing

“the UK armed forces into disrepute”.

If the Government really think that schedule 1 does not make justice more difficult, they would not have excluded sexual offences from the remit of the Bill. If it is not difficult to get a prosecution, why exclude any category? It was right to exclude sexual offences, and the Government should exclude torture on exactly the same grounds. That is the point of the amendment in my name and in that of many others.

I have a couple of minutes, so I will deal briefly with the issue of civil claims. There have been 1,000 civil claims, according to the Ministry of Defence, all of them against the Ministry, not against individual soldiers—as far as I can tell. Surprise, surprise, someone trying to get money goes to the Ministry, not to a poverty-stricken soldier. However, that does not help veterans; it actually hinders veterans.

The point has been made by other Members, so I will press it no further, except to quote the British Legion director-general:

“it protects the Ministry of Defence from civil action—from someone bringing a case. That longstop does not protect the armed forces personnel.”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 8 October 2020; c. 86, Q161.]

Of course, what the Bill could stop are the sorts of cases that exposed Snatch Land Rover, the lack of provision of body armour and a number of other scandals, which quite properly improved the operation the MOD.

The Bill does the same for torture cases. All the stories about torture and rendition came in the first instance from civil cases—all of them. That is what brought them into the public domain; there was not a single criminal prosecution in the first instance. It is difficult to bring a torture case. In most, only two people know about the torture: the victim and the oppressor—the torturer, or torturers. Typically, no other evidence is available in the public domain. A case is difficult. Even in the case of Belhaj, the most famous torture case—we delivered Mr Belhaj and his pregnant wife to the Libyans, for heaven’s sake—it took 10 years, essentially, to get to court, and of course he got an apology from the Prime Minister. That is why the issue of torture is almost impossible to bring to court.

Time is running out, so I will finish by quoting the questions that the Judge Advocate General put to the Minister in Committee. He said that

“six Royal Military Police were killed…in 2003”,

and asked:

“would we accept that there would be a presumption against… prosecution”

of their murderers? Would we expect special arrangements—

Civil Service Appointments

Julian Lewis Excerpts

Tuesday 30th June 2020 Commons Chamber

[Michael Gove]

The SNP is with me on that.

[Dr Julian Lewis (New Forest East) (Con)]

My right hon. Friend may not be aware that there was a six-month stand-off in 2018 between the then Defence Committee and No. 10 over whether Sir Mark Sedwill, newly appointed as National Security Adviser, should appear before that Committee, because it was argued that he appeared before the Joint Committee on the National Security Strategy and he need not come to us. Can my right hon. Friend give us an assurance that this National Security Adviser will indeed testify as required before all relevant Committees, including the Foreign Affairs Committee, the Defence Committee and, who knows, the ISC, if it is re-established by then?

[Michael Gove]

I very much take on board my right hon. Friend’s point. it is the case that normally for any particular official or Minister there will be one Select Committee, which is the principal area to which they will be accountable. But, speaking for myself in my own role, I have been held accountable by the Committee on the Future Relationship with the European Union as well as by PACAC. I know that David Frost will want to engage with all the Committees of this House and the other place in order to ensure appropriate scrutiny.

Veterans’ Mental Health

Julian Lewis Excerpts

Thursday 12th March 2020 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

I intend to get everybody in who was here at the beginning of the statement.

[Dr Julian Lewis (New Forest East) (Con)]

With the Minister’s own strong record on the subject, I am sure that he will agree that the misapplication of human rights law to the battlefield, rather than the law of armed conflict, is a cause of immense stress and mental distress to the veteran population who have taken part in campaigns and fear being dragged through the courts. When will the Government be bringing forward the promised legislation—I have in mind the promise made on Armistice Day last year, during the election campaign —to stop the repeated reinvestigation of veterans in the absence of any compelling new evidence?

[Johnny Mercer]

I thank my right hon. Friend for his continued doggedness on this issue. I can confirm that I will be introducing a Bill on Wednesday next week that meets our manifesto commitment on this issue. The Prime Minister has made it absolutely clear that the days of lawyers running amok in our services and our veterans community, trying to rewrite history in order to make money, are over. Through a series of measures starting next Wednesday when I will introduce the Bill, this Government are going to go to war on lawfare, and we will ensure that those who serve are protected when they come home by those who should be protecting them.

Oral Answers to Questions

Julian Lewis Excerpts

Wednesday 11th March 2020 Commons Chamber

[Dr Julian Lewis (New Forest East) (Con)]

Q7. If he will make it his policy to introduce an ex gratia scheme to compensate war widows who had their war widow’s pension withdrawn on cohabitation or remarriage.

[The Prime Minister]

My right hon. Friend has made this point to me in person. I have heard from the war widows themselves about their own concerns. The Ministry of Defence is looking at what can be done to provide meaningful support to those who have lost their loved ones.

[Dr Lewis]

Given that the previous Defence Secretary sought and was refused permission from the Treasury to help the estimated 265 war widows whose pensions were cancelled when they remarried, and can be permanently restored only by their going through a divorce and remarriage to their second husbands, will the Prime Minister personally meet Moira Kane and Mary Moreland of the War Widows’ Association finally to put an end to this deplorable and dishonourable situation?

[The Prime Minister]

The Ministry of Defence is looking at this very problem, and I am conscious of the issue that my right hon. Friend raises—it has been raised with me. I have asked my right hon. Friend the Secretary of State for Defence to meet the chairman of the War Widows’ Association to discuss further what we can do.