UK Special Forces: Iraq and Afghanistan

Debate between Stewart Malcolm McDonald and Wayne David

Tuesday 7th January 2020 Commons Chamber

[Stewart Malcolm McDonald]

The hon. Gentleman is entirely correct to make that point, and I thank him for making it early. The two theatres of conflict in the title of this debate this evening—Iraq and Afghanistan—are two of the toughest. Indeed, he is also right to mention that members of the armed forces perform their duties in some of the most extraordinarily difficult circumstances.

It is entirely right, however, as the hon. Gentleman and I discussed before the debate, that standards are upheld. I know that the Government Front-Bench team agrees with that. It is entirely right that this House expects the Government to live up to what the Geneva conventions require. As I said to the Secretary of State earlier, in a different but not entirely unrelated statement, there should be an unforgiving quest for truth and to uphold rules and laws, but I shall return to that later.

In truth, these affairs can get uncomfortable for officials, for Ministers and for serving personnel, but it is entirely right and entirely appropriate that we grapple with them in the most forensic fashion, not least because of the Government’s announcement in the Queen’s Speech and long-held plans, of which the Minister who is to respond has been a champion, to change the rules around what can be investigated for Members who have served in Northern Ireland.

The joint investigation by The Sunday Times and “Panorama” was an extraordinarily important piece of investigative journalism. I am quite sure that all the Ministers on the Front Bench have furnished themselves with the details of it from top to bottom, and I thank those journalists and investigators who took the time to take part in it. Investigative journalism is important, especially in such affairs, as a mechanism in a democratic society to arrest any temptation to sweep over these matters or any temptation of a corrupting view setting in.

The important thing about the allegations that have been uncovered—hundreds of documents and statements —is that they were not made by what the former Prime Minister called ambulance-chasing activist lawyers. Nobody wants to see vexatious claims being made, but these allegations were made by serving members of the armed forces. They were made by military intelligence officers and Government-appointed detectives.

Even with the extended time we have this evening, it would not be possible to get into the detail of every case that was uncovered in that journalism, but I want to adumbrate some of the things that it brought to our attention: degrading and inhumane treatment; the unlawful killing of civilians; faulty intelligence; doctored and amended statements when affairs have been investigated, including by the Royal Military Police; and evidence of torture at Camp Stephen in Basra. Anyone who read that journalism or watched the “Panorama” programme could not fail to have been shocked by what appears to be a ruthless and co-ordinated effort to close down the investigations. As I mentioned, it will not be possible to go into all the details of the investigations this evening, but I am sure the Minister will understand that I may wish to follow up on some of the specifics with him in writing.

I plead with the Government in their entirety, not least the Minister who responds this evening, to be judicious in their response and in the handling of these affairs and to approach them with the seriousness they deserve.

There is also the case of the shooting of three boys and one young man in Afghanistan—shot in the head. The premise was that they were Taliban insurgents, but the joint investigation has told us that no such evidence was ever produced. That information was passed to the Service Prosecuting Authority, and a recommendation of war crimes charges was made. A cover up by military officials then ensued. Serious, serious questions about why these allegations appear to have been whitewashed in the way they have been need to be addressed.

In both Iraq and Afghanistan, false information was knowingly given to the victims’ families. Two civilians died in Iraq under the care of the Black Watch, and their families were told that they died days after they were arrested. The families were told that they were in hospital, which was never the case. There was less than a week between those two cases. What looks like a co-ordinated effort to evade justice simply will not hold.

I talked to some Conservative Members earlier, and I was reminded that this stuff has a habit of coming back to bite if it is not dealt with properly. It may be that it comes back in the most serious fashion imaginable. I support Lord Ken Macdonald’s calls for these affairs to be reopened and investigated properly via a public inquiry led by a judge, but it could be that it ends up with the International Criminal Court. It is hard to think of a more seriously grave situation in which the Government could find themselves.

[Wayne David (Caerphilly) (Lab)]

The hon. Gentleman is making a powerful statement, and I am sure all Members will take note of what he says. Does he agree this serves to highlight that we need some parliamentary mechanism to delve into and investigate such accusations and claims?

[Stewart Malcolm McDonald]

It is almost as if the hon. Gentleman can see the notes in front of me, because I am coming to that exact point.

The allegations uncovered by the joint BBC and The Sunday Times investigation have to be taken out of the Government’s hands and given to an independent inquiry led by a judge. No honest person could disagree with that.

The hon. Gentleman touches on an important wider point, which is Parliament’s broader ability to hold special forces operations to account. That is woefully lacking in this country, and we are being outdone by the United States—the United States!—on the oversight of special forces. In this modern age, the public expect there to be proper parliamentary scrutiny and parliamentary oversight. The system needs updating.

Clearly, there cannot be a free-for-all in which every single Member can access information on live special forces operations, as only a fool would suggest such a thing, but it cannot be beyond the House’s collective imagination, or beyond the collective imagination of the small group of Members, some of whom are unfortunately no longer with us, who regularly attend debates on defence, to propose a mechanism by which we can catch up with the United States—the US system is not perfect, but it is something—Denmark and Norway and have proper oversight of special forces operations.

Indeed, it has been mentioned before in the House by both the Labour Opposition and the Scottish National party, to great resistance from Conservative Members, that the time has come for us to introduce a proper war powers Act. I say to the Government that it is better to take this stuff on now and to have a serious parliamentary debate on the scrutiny efforts this Parliament can take forward before it ends up in the International Criminal Court—nobody wants to see that, but it may well be heading there. A failure to deal with this properly, to be judicious and sober in approaching these matters and to ensure that justice is done and the pursuit of the truth is absolutely unforgiving is nothing short of an assault on our values. It is worth remembering that the ICC was set up with the United Kingdom’s enthusiastic support, and rightly so. As I said, I do not want to see this end up in the ICC and I am sure that neither does the Minister. He has an opportunity to ensure that it does not.

Against a backdrop of assaults on the international rules-based order, which the Government tell us day in, day out they want to defend and uphold, surely we must respond to this mind-blowing investigation properly.