Defence Supplementary Estimate 2021-22

Debate between Richard Drax and Bob Stewart

Wednesday 9th March 2022 Commons Chamber

[Richard Drax (South Dorset) (Con)]

I would be inept if I did not praise our Ukrainian friends and allies who are fighting with such courage against such appalling odds with little more than the kit we have given them and their training. It really is awe-inspiring and humbling to see what is being done by them, their population and their President, who spoke so movingly in this Chamber.

I thank the members of the Defence Committee, on which I sit. They all do a fantastic job, including the right hon. Members for Warley (John Spellar) and for North Durham (Mr Jones), who are passionate about the defence of our country and ensuring it is properly paid for.

I also praise the Minister, with whom I have had many dealings. He is an honourable man of great integrity, and he wants to do the best he can for our armed forces. I hope he will take everything we have said back to his boss.

In 1981 or 1982, when I was a soldier, I was taken on a top-secret mission to be shown where we would fight the Russians if they came west. When I asked the general in charge how long we would have to live, he said, “On the moment of contact, when the artillery falls on your position, you have about 40 seconds.” I thought, “Well, that’s time to say a few prayers, and that will be it.” We all felt it was surreal. Yes, we were professional soldiers, but to us it was a day out and it could not possibly happen, could it?

Forty years later, we face an aggressive Russian bear that is taking on a democratic country, taking it over and subjugating it. Like many colleagues and many people to whom I have spoken, I fear Russia will not stop there. Mr Putin’s dream is to have the Soviet Union back in its original shape. My fear is that he will next go south to the non-NATO countries, based on the fact we have done nothing militarily, except to offer military help, following the invasion of Ukraine.

I am not saying that we should get involved in Ukraine. I think we have adopted the right stance. Obviously, as I have said before, if Russia takes one step into a NATO country, we will have to fight, but with what? The cupboard is threadbare, in my humble opinion. I have sat on the Defence Committee, and I served my Queen and country for nine years, so I know what has happened to our armed forces.

I am particularly concerned about the Army. The hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) mentioned my esteemed grandfather Admiral Drax, who sadly passed away many years ago. If he were alive today, I am sure he would be in this Chamber right now, or being kept out by force, to tell the Minister that the Royal Navy—the senior service, as my grandfather and father, who also served in the Royal Navy, always called it—needs more ships and more equipment, and all the rest. I absolutely concur.

The evidence I receive from those serving in the Army, including many sons of friends, is that the battalions have been hollowed out to save cap badges, because it would be politically embarrassing if we again saw regiments amalgamating or disappearing. This would be quite unacceptable if, God forbid, the Russian bear puts a foot into a NATO country and our young men and women are sent to fight in perhaps not a world war but certainly a huge war in Europe. A full, properly manned battalion represents years of history, fighting and experience. Hollowing out the battalions now for political expediency is totally unacceptable.

[Bob Stewart]

When I joined my battalion in Bahrain in 1969, it was 750 strong. When I commanded it in 1991, it was 525. It is now less than that, but it is still called a battalion.

[Richard Drax]

Absolutely, my right hon. Friend makes my point.

Before I sit down, may I just refer to my hon. Friend the Member for Henley (John Howell), who touched on tanks? It is worth pointing out that we must not be fooled about them. One hears that they are a thing of the past and they are vulnerable to anti-tank missiles and so forth—to the Ukrainians’ great credit, they are showing that. However, one has to remember that the Ukrainians are in a defensive position, in trenches, fighting a defensive battle against armour that is coming at them. Fortunately, the Russians are proving themselves to be inept in using their armour, which is vulnerable to this sort of defence. But where the tank is vital and will still be needed, despite the fact that I understand that we have only two such regiments left, is if we have an offensive operation or if defence requires an offensive element. We will then need an armoured vehicle with a big gun to hold ground. Helicopters and drones cannot do that, but a tank can. All I would say is: don’t forget the poor old tank. It still has a place on the battlefield, although I quite accept that warfare is changing. Let me make a final point to the Minister. Mention has been made of the Special Boat Service and its aquatic centre. These are our special forces, they want a proper aquatics centre, so can they please have one?

Sgt Alexander Blackman (Marine A)

Debate between Richard Drax and Bob Stewart

Wednesday 16th September 2015 Westminster Hall

[Richard Drax (South Dorset) (Con)]

I beg to move,

That this House has considered the case of Sgt Alexander Blackman (Marine A).

It is a pleasure to serve under your chairmanship for what I believe is the first time, Mr Pritchard. Before I start, I welcome my hon. Friends the Members for Eastleigh (Mims Davies), for Taunton Deane (Rebecca Pow), for Plymouth, Moor View (Johnny Mercer), for Wells (James Heappey), and for Elmet and Rothwell (Alec Shelbrooke), along with our colleague, the hon. Member for Strangford (Jim Shannon). I thank them for coming to this debate. I also welcome Sergeant Blackman’s family, friends and relations, and the four members of the Royal Marines who are also here to listen.

We shall be debating an incident that took place thousands of miles away in one of the most hostile environments on earth; in fact, it is so hostile that 454 of our finest servicemen and woman have been killed there, and thousands more wounded. Lance Corporal Cassidy Little is one of those wounded men. He served with Sergeant Blackman during the fateful tour and is present today to support the debate. On behalf of us all, I thank him and his colleagues for their bravery, courage and devotion.

In Afghanistan, the enemy were clever, motivated, difficult to identify, ruthless and cruel. Torture and death faced those who fell into their hands. It was into this hellhole that Alexander Blackman and his fellow Royal Marines from 42 Commando were pitched in 2011. Sergeant Blackman was a 15-year veteran of six operational tours: one in Northern Ireland and three in Iraq, and he was on his second in Afghanistan. There is nothing that this former Royal Marine has not seen. In each tour he had served his country and his corps with great distinction and courage. He was that most valued member of the Royal Marines, the elite’s elite—a senior non-commissioned officer—and he had been recommended for promotion, but then came his last tour in Helmand province, the toughest of his military career.

Sergeant Blackman was posted to the remote command post Omar, with 15 younger Royal Marines under his command. They lived for more than six months in a small mud enclosure, in appalling conditions of physical discomfort. Daily, they patrolled on foot for up to 10 hours in a large hostile area where the Taliban were most active. IEDs, or improvised explosive devices, the roadside landmines favoured by the Taliban, were a constant threat, to the extent that the squad seldom used their vulnerable Jackal vehicle, preferring to patrol on foot instead. They were aware that hundreds of their comrades had already been killed or maimed by IEDs. The psychological impact was devastating. Firefights with the Taliban were common. So, too, were deaths and life-threatening injuries. Overall, 42 Commando lost seven men, and a further 45 were injured, many of them very seriously indeed.

On 28 May 2011, several Marines from Sergeant Blackman’s troop were tasked with establishing a new base in an area known as the badlands. During the operation, Corporal Little was caught in the same blast that killed Sergeant Blackman’s troop commander, Lieutenant Ollie Augustin, and Marine Sam Alexander, who had won a Military Cross on a previous tour. The blast also badly wounded Lance Corporal JJ Chalmers. Later that day, the Royal Marines discovered body parts hanging mockingly in a tree. We can all imagine the effect of such an incident on hard-pressed, very young troops.

While holding it together in such atrocious conditions, Sergeant Blackman’s frequent complaints to headquarters about the impossibility of performing his assigned tasks with such a small number of men for a period far longer than the recommended tour of duty went unanswered. He had one sole visit from his commanding officer, which shows how stretched 42 Commando was. For month after month, the huge weight of responsibility bore down on him as he tried to maintain morale, but a combination of factors were taking their toll.

[Bob Stewart (Beckenham) (Con)]

When my hon. Friend says six months, does that mean Sergeant Blackman had no R and R?

[Richard Drax]

I welcome my gallant colleague to the debate. He did have two weeks for R and R.

Those factors taking their toll included: the inadequacy of the accommodation, equipment and supplies; Sergeant Blackman’s inability to sleep; the almost total lack of supervision; the general isolation; the recent death of his father; the ever-present fear of death or injury; exhaustion; and the strain of keeping the young men under his command alive, in itself an awesome responsibility.

On 15 September 2011, towards the end of their fraught tour, Sergeant Blackman and his patrol were directed to an insurgent who had been fatally wounded by gunfire from an Apache helicopter. Horribly exposed in a known hotspot for enemy activity, they knew that other insurgents were in the area. They dragged the fatally wounded man to cover. That Sergeant Blackman then shot him is beyond doubt: the incident was filmed by a head camera worn by one of the Marines on patrol. I have seen all the footage. What he did was unequivocal. He appeared calm and matter of fact—points made by Judge Advocate General Blackett in sentencing. However, no camera on earth can capture all the circumstances leading to that one momentary loss of control, or what was going on in Sergeant Blackman’s mind at the time.

Except for Corporal Little and his colleagues, none of us here has endured anything remotely approaching what those Royal Marines experienced, and, God willing, we never will. Although both the court martial and the Court of Appeal said that they took into account mitigating circumstances with regard to the sentence, Jonathan Goldberg, QC, who now heads the defence team and is here today, believes that a number of significant mistakes were made. The court was never given the chance to consider the lesser verdict of manslaughter by reason of loss of control owing to the appalling stresses to which Sergeant Blackman was subjected for months on end.

Mr Goldberg advises that, by law, the judge advocate general had a duty to direct the jury on all verdicts reasonably open to them, regardless of whether the prosecution or defence chose to raise them. The verdicts included the ability for a jury to return a verdict of not guilty of murder but guilty of manslaughter. Possible routes to such a manslaughter verdict included: temporary loss of control after months of cumulative stress; diminished responsibility owing to battlefield fatigue and post-traumatic stress disorder; and finally, by reason of an unlawful act, in that Sergeant Blackman admitted desecrating a dead body.

Inexplicably, none of the above possible lesser verdicts were ever raised, either at the court martial or on appeal. The judge advocate general failed to direct the jury panel on those available lesser alternatives, instead imposing the mandatory life sentence for murder, resulting in a good man serving a minimum of eight years in jail without being allowed to seek parole.

On the other hand, a manslaughter verdict on these extraordinary facts could reasonably have resulted in three years in prison at worst and a suspended sentence at best. Sergeant Blackman insists that he was never advised by his then defence team that a manslaughter verdict was even a possibility. Indeed, he knew nothing of the manslaughter option until recently, when his new defence took over. Almost unbelievably in a murder case of such complexity, Sergeant Blackman was never offered a psychiatric assessment prior to his conviction. Moreover, it is bizarre that the Judge Advocate General’s said this in his sentencing remarks after conviction:

“We accept that you were affected by the constant pressure, ever present danger and fear of death or serious injury. This was enhanced by the reduction of available men in your command post so that you had to undertake more patrols yourself and place yourself and your men in danger more often. We also accept the psychiatric evidence presented today that when you killed the insurgent it was likely that you were suffering to some degree from combat stress disorder.”

The psychiatric report he referring to was presented before sentencing and not conviction. In other words, the panel did not know about the report when they found Sergeant Blackman guilty. Why not? What was the defence team up to?

Further evidence that was never heard at Sergeant Blackman’s court martial comes in the form of a 50-odd page document—the Telemeter report. Written by Brigadier Huntley, a few pages of the executive summary were released only this morning, despite frequent requests for the whole report to be published. Apart from criticising Sergeant Blackman, it confirms that there were concerns that the culture within 42 Commando

“was perceived by many…to be overly aggressive.”

The report also states:

“A number of those involved in this incident both directly and indirectly, felt that the Chain of Command had failed to provide them with adequate support before, during and after the court martial.”

[Bob Stewart]

As a former commanding officer, I find it extraordinary that this group of Royal Marines was left in the same position, obviously one of huge danger, for the whole six months. Was the rotation of the men in that position not considered?

[Richard Drax]

That is a good question, and one that my hon. Friend can perhaps ask afterwards of the Royal Marines who were on that tour. As I understand it, they were covering a vast area of land, they were under-resourced and undermanned, and rotation was not possible.

--- Later in debate ---

[Bob Stewart]

Why not?

[Richard Drax]

I do not know. It is perhaps something that the report—the 50 or so pages that we have not seen—may hint at. We call for the report to be published now, so that the new defence team can use it to build up its case. Ultimately, we will have to wait until, as we hope, the Criminal Cases Review Commission takes up the case and demands the release of the report, or the bits of it that we have not seen.

--- Later in debate ---

[Richard Drax]

My hon. Friend makes an interesting point. I cannot expand on that too much now, but we are aware that Colonel Oliver Lee, Royal Marines, had written a report identifying seven criteria that commanding officers should look out for. I also believe that, as far as Colonel Lee was concerned, Sergeant Blackman ticked every box.

From reading what we have of the executive summary of the Telemeter report—what we have got of it—there is strong reason to believe that the full report is critical of the overall command structure, including the lack of supervision over Sergeant Blackman and his men, which would certainly support Sergeant Blackman’s claims. A sergeant in the Royal Marines is probably—I will get myself into trouble here—superior to, shall we say, a line regiment sergeant, in the sense that they are trained to be far more independent. That was one explanation given to me as to why, in this instance, Sergeant Blackman was left out there for as long as he was—because he was a sergeant and highly respected, and so on.

However, what happened in this instance struck me, too, as extremely odd—my hon. and gallant Friend the Member for Beckenham (Bob Stewart) hinted at this earlier on, and I agree with him. We are both former soldiers, and it was our duty as officers to visit our men and make quite certain that they were safe and well and doing the job that they should be doing, because that was our task. If we did not do that, things began to unravel. Maybe that was one of the reasons why things unravelled in this particular instance.

Going back to the report—50 pages of which, as I have said, still remain unseen—it is no surprise that the Daily Mail and Frederick Forsyth thunder about a cover-up and attempts to make Sergeant Blackman a scapegoat for a much wider failure of high command. Would the full report have given Sergeant Blackman a better chance in court had it been written and published openly shortly after the events, rather than long after his conviction? Vice-Admiral Jones has reportedly asked both serving and former officers not to comment if the press start asking questions.

Also of great concern is the resignation of Colonel Lee. As I understand it, he was a high-flier who resigned his commission in disgust over how Sergeant Blackman was treated and the refusal to call him in evidence at the court martial. Colonel Lee became Sergeant Blackman’s commanding officer just six days before the incident, although they never met.

[Bob Stewart]

How come the defence counsel did not call the commanding officer to give evidence?

[Richard Drax]

Again, I am regrettably not a trained QC or lawyer—I wish I were. All I understand is that he was not, which can be further explored by the QC, who is actually in the room here today.

When he resigned, Colonel Lee wrote the following, which is one of the most damning indictments that I have found in the 10 or 11 months that I have been involved in this sad case:

“Sgt Blackman’s investigation, court martial and sentencing authority remain unaware to this day of the wider context within which he was being commanded when he acted as he did.”

He went on:

“My attempts to bring proper transparency to this process were denied by the chain of command. Sgt Blackman was therefore sentenced by an authority blind to facts that offered serious mitigation…The cause of this is a failure of moral courage by the chain of command.”

That is a devastating criticism and hardly a ringing endorsement of military justice. Colonel Lee’s evidence will be important if the case is referred to the appeal court by the Criminal Cases Review Commission, which we trust it will be. It must be.

Sergeant Blackman’s conviction in 2013 left a deep impression on me as a former soldier. I visited him in Lincoln prison in December 2014—had I not, I would have gone to my grave with this nagging whatever you like to call it on my conscience and preying on my mind. There I met an intelligent, proud and professional soldier, alongside whom I would have been proud to serve. Several prison guards told me as I left that Sergeant Blackman’s incarceration was hard to comprehend. “He shouldn’t be here”, they said.

As for Sergeant Blackman, understandably he feels betrayed—a scapegoat, hung out to dry by the military and political establishments. He was fighting a war at our behest and on our behalf. He believes that his small patrol was given an impossible mission with little support or command structure. They were undermanned and overstretched, the impossible was demanded and a decent man was pushed beyond endurance. In his words, it was a

“lack of self-control, momentary lapse in…judgement.”

The aim of today’s debate is to highlight a miscarriage of justice. The debate will send an important message to those charged with administering justice to Sergeant Blackman and it mirrors the public outcry. Sergeant Blackman is the first British serviceman to be tried for murder by a court martial since the second world war, and I hope he is the last. War is a dirty, filthy, horrible, frightening business and every man— even the very best —has his breaking point.

I am indebted to the highly respected author Frederick Forsyth for his immense help and his interest in the case; to Jonathan Goldberg QC and his team, who are now representing Sergeant Blackman and are in the Public Gallery today, as I said; to the Daily Mail—which I do not often praise—for running such a well-researched campaign and for going to such incredible lengths to support Sergeant Blackman and his case; to Sir Tim Rice and Major General Johnny Holmes, both highly distinguished in their own fields, who have volunteered as directors of a fund-raising effort; and of course to the public for their support and their donations, which have now reached about £120,000 in five days. In addition, there have been thousands of letters; the Daily Mail is having to employ a team to open them.

I conclude with two observations: one concerns the court-martial panel and the other is entirely my own. When Sergeant Blackman was sentenced for murder—murder—dismissed from the Royal Marines and ordered to march out of the court, he gave his final salute in uniform. The panel, to a man, returned his salute—an act that is, as far as I know, unprecedented, especially given that they had just condemned him for murder. To me, that act speaks eloquently of their deep feelings of ambiguity.

I end finally with my own thoughts, having been involved with the case for nearly a year. Sergeant Blackman was and is no cold-blooded killer. He was just a man pushed to the very edge and sent to do a filthy job with his hands tied behind his back, and he is now no threat at all to anyone. He is paying a terrible price for a lapse of judgment. He is a man who deserves another hearing and should be allowed to go home to his wife.