Baha Mousa Inquiry

Lord Rosser Excerpts

Thursday 8th September 2011 Lords Chamber

[Lord Rosser]

My Lords, we also wish to express our sincere condolences to the families and friends of Corporal Mark Palin, Marine James Wright, Lieutenant Daniel Clack and Sergeant Barry Weston, who have lost their lives in operations in Afghanistan recently, and Senior Aircraftman James Smart, killed in Italy in July while supporting Operation Ellamy.

I thank the Minister for repeating the Statement made in the other place by the Secretary of State and for giving me sight of the lengthy inquiry report. I have not been able fully to digest its contents, but the Minister is in the same position. However, even sight of the summary of the report and its conclusions is enough to know that a small group has acted in a shocking, brutal and totally unacceptable manner and, as the Minister has said, that there were serious failings in command and discipline in the 1st Battalion The Queen’s Lancashire Regiment.

I would like to add my thanks to Sir William Gage, the chairman of the public inquiry set up in 2008 by the previous Government into the events surrounding the death of Mr Baha Mousa, and to the members of his team for their detailed and thorough report. The report had to be painstaking, thorough and detailed because it appears that getting at the truth was not made any easier by the difficulties that some appeared to have in telling the truth.

The report makes it clear that the brutal and shocking behaviour was not just in relation to Mr Baha Mousa whose death occurred in British custody but also to other detainees. Other allegations of maltreatment are still being investigated by the Iraq historic allegations team, whose creation was announced in March 2010, which started in November 2010. Presumably, any further allegations will be investigated by this body.

A small group has acted in a way that is totally alien to the manner in which our Armed Forces conduct themselves and the standards they uphold, and is totally alien to the professionalism and bravery of our Armed Forces personnel, all too many of whom have given their lives or suffered life-changing injuries, whether in Iraq, Afghanistan or over Libya. This report does nothing to diminish our pride in our Armed Forces. It is precisely because what happened is so far removed from the standards demanded and upheld that this inquiry has taken place, and why its findings will cause such dismay.

There are one or two points that I wish to raise with the Minister. As he has said, the Secretary of State has accepted all the recommendations except one, which was in relation to a blanket ban on the use of certain verbal and non-physical techniques referred to in the report as the “harsh approach”. Can the Minister say a little more about the reasons for not accepting this recommendation? Clearly, if such techniques are to continue to be used, there will be a need to have in place very firm and precise safeguards, to make sure that all concerned are fully aware of the limits of what can be done, and that those limits are not exceeded, however difficult the circumstances may be at the time.

Can I also ask the Minister if he is satisfied with the action that has been taken or is still to be taken to ensure that, as far as is humanly possible, there is no repeat of the unacceptable actions spelled out in the inquiry report, in Afghanistan or anywhere else? It is not just about making sure that appropriate processes and procedures are in place. It is presumably also about making sure that people who do have immediate responsibility for detainees have the qualities needed to meet the high demands that this role can place on the standards of behaviour of individuals concerned, particularly in the kinds of conditions and circumstances that were faced in Iraq, and also on their strength of character, to speak up if actions are being taken which they must know are unacceptable. It also means that those at the highest levels of command take a direct and active interest in what is actually happening to detainees, as opposed to what should be happening to them according to the rules and procedures. Can the Minister say what importance is attached to the role of being responsible for detainees, and whether he is satisfied that relevant checks or assessments are made of those who are given this onerous responsibility?

I want also to ask the Minister whether in the light of the inquiry report it is felt there is a need for any legislative measures to strengthen the position in relation to the treatment of detainees or the powers and duties of those who have responsibility for them. I ask that in the context that we currently have the Armed Forces Bill going through your Lordships’ House, and since there will presumably not be another one for five years, action on this point ought to be taken now if it is considered necessary.

The inquiry referred to an “inadequate doctrine” on prisoner handling, as the Minister has said, and also to a “systemic failure” that allowed knowledge of the prohibition on abuse techniques to be lost over the years. The 1972 Act banned certain interrogation techniques, but it appears from the inquiry report that the terms of the Act have been overlooked when it comes to training policies and orders relating to detention. Will the Minister give an assurance that the Act will be enforced, including the cultural change needed to ensure that?

A third point I would like to raise, and without asking the noble Lord the Minister to refer to any specific individuals mentioned in the report, is whether legal action will be taken, or is being considered, against any of those involved. I appreciate immunity from prosecution was given, but that presumably related only to an individual’s own evidence. Will the Minister say how many of those referred to in the report who are still currently serving have been suspended or have had other sanctions taken against them?

We support the statement the Minister has made. We are proud of our Armed Forces. We will not allow unacceptable and shocking behaviour by a small number of individuals to tarnish the reputation of our Armed Forces, and those who breach the standards we uphold must be held to account.