Category: Foreign Affairs

  • David Ramsbotham – 2022 Speech on the Chagos Islands (Baron Ramsbotham)

    David Ramsbotham – 2022 Speech on the Chagos Islands (Baron Ramsbotham)

    The speech made by David Ramsbotham, Baron Rambotham, in the House of Lords on 28 February 2022.

    My Lords, I strongly support Amendment 1, to which I have added my name. I declare an interest as a vice-chairman of the Chagos Islands (British Indian Ocean Territory) All-Party Parliamentary Group. How do the Government have the neck to condemn others for far less, while at the same time standing condemned by both the International Criminal Court and the General Committee of the United Nations for refusing to allow the Chagos Islanders and their descendants citizen rights to return to their homeland, despite promises that they would be allowed to do so after 30 years? I remember, as long ago as 2013, reading out a letter from a Pentagon Minister to the then Foreign and Commonwealth Office Minister saying that the Pentagon had no objection to the return of the islanders to Diego Garcia, being used to having indigenous people living alongside island military bases in the Pacific.

  • Jim Shannon – 2022 Comments on Independent Inquiry into Afghanistan

    Jim Shannon – 2022 Comments on Independent Inquiry into Afghanistan

    The comments made by Jim Shannon, the DUP MP for Strangford, in the House of Commons on 15 December 2022.

    Madam Deputy Speaker (Dame Eleanor Laing)

    And finally—as I have already said twice this morning—Jim Shannon.

    Jim Shannon (Strangford) (DUP)

    I do not mind being last in any debate; I am just very pleased to be given the opportunity to ask a question. The Minister, I think, has genuinely tried to answer the questions sensitively. With that in mind, will he outline the steps that are in place to offer support to any personnel under investigation, as similar proceedings that I and other Members in the Chamber are aware of in Northern Ireland have seen many innocent soldiers turning to addiction as a result of trauma and stress—I am aware of those cases personally. Will he confirm that innocent until proven guilty remains the standard for any investigation?

    Dr Murrison

    There are structures within the Army in particular to deal with the pastoral care of individuals who may be facing allegations. The Army operational legacy branch, for example, will be standing by to assist in this particular area. I reiterate the commitment that I gave earlier: anybody who is wrapped up in this business will be given everything that they need—legal and pastoral—to get them through this. We will stand by them. We owe them that, and I will make sure that that happens. I hope that that gives the hon. Gentleman the assurances that he needs.

  • Kevin Brennan – 2022 Comments on Independent Inquiry into Afghanistan

    Kevin Brennan – 2022 Comments on Independent Inquiry into Afghanistan

    The comments made by Kevin Brennan, the Labour MP for Cardiff West, in the House of Commons on 15 December 2022.

    Kevin Brennan (Cardiff West) (Lab)

    Just over a century ago, my father’s house—my father was a child of about the same age as some of the children who were shot during some of the incidents under investigation—was raided by British auxiliaries in the west of Ireland in a quite violent incident. I shall never forget that my grandmother, relating that story to me as a child, was eternally grateful to the British Army officer who intervened and stopped violence being perpetrated. It has always struck me that culture and leadership within our armed forces is key to our standing and reputation in the world. Does the Minister agree that principal among the outcomes from this inquiry should be clear co-operation from the leadership of our armed forces in making sure that it gets to the truth?

    Dr Murrison

    The hon. Gentleman has hit the nail on the head. There is that commitment right at the very top of our armed forces that we should get this right and that we should learn any lessons that need to be learned. I can give him that commitment. I entirely understand the point that he has made and the experience that he relates.

  • Dan Jarvis – 2022 Comments on Independent Inquiry into Afghanistan

    Dan Jarvis – 2022 Comments on Independent Inquiry into Afghanistan

    The comments made by Dan Jarvis, the Labour MP for Barnsley Central, in the House of Commons on 15 December 2022.

    Dan Jarvis (Barnsley Central) (Lab)

    May I declare an interest as a former company commander with the special forces support group who served in Afghanistan? As such, I know that the overwhelming number of people who serve in our armed forces, and particularly in the UKSF, do so with huge distinction and extraordinary courage. As the Minister said, we can be very proud of their service. They rightly aspire to maintain the very highest of professional standards and adherence to the rule of law. After all, it is that which differentiates us from our opponents. As the Minister said, it is therefore necessary that, when serious allegations are made, they are investigated, but that needs to be done thoroughly and independently, so I welcome the statement that the Minister has made today.

    Clearly, none of us would want to prejudge the inquiry, but, looking slightly to the longer term, has the Minister or the Department given any consideration to the potential merits of tasking the Intelligence and Security Committee to provide oversight of UKSF?

    Dr Murrison

    I rise again with a sense of trepidation, Madam Deputy Speaker, acknowledging the hon. Gentleman’s service in Afghanistan. The point that he has made has been made before. I think it was made when we covered some of this ground back in July. He will know the way that this part of our armed forces operates and the difficulties and constraints under which they operate. We are going through this process now with a statutory inquiry. That is a big deal. I expect Lord Justice Haddon-Cave to go everywhere he needs to go to discover the truth and make public all of it—so far as he can within the constrictions of national security.

    With all due respect, I do not agree with the hon. Gentleman on having a further mechanism of auditing the operations of parts of our armed forces. It is probably right that we assure ourselves that all parts of our armed forces operate within the rule of law and that their rules of engagement are legal. He will be aware of the extraordinary lengths that defence takes, particularly now and in recent years, to ensure that everything it does is lawful. Personally, I am comfortable with that; I am confident that we do that. Although I acknowledge the hon. Gentleman’s suggestion—we keep everything under consideration, and it will be interesting to see what Lord Justice Haddon-Cave comes up with—I am not minded, at this point in time, to accept it.

  • Martin Docherty-Hughes – 2022 Speech on Independent Inquiry into Afghanistan

    Martin Docherty-Hughes – 2022 Speech on Independent Inquiry into Afghanistan

    The speech made by Martin Docherty-Hughes, the SNP Defence Spokesperson, in the House of Commons on 15 December 2022.

    I am grateful to the Minister for advance sight of the statement. I declare a personal interest, given that my brother served two tours of duty in Afghanistan, but not in the special forces.

    I welcome the fact that the Minister said there is a credible requirement for the investigation. Although SNP Members might not agree with the hon. Member for Harrow East (Bob Blackman) about the overseas operations Act, I am glad the Minister, the Department and the Secretary of State for Defence at least believe that this inquiry needs to take place. However, I have a bit of a concern, which I am sure the Minister will seek to clarify. As a former member of the Defence Committee, and having sat on the previous Armed Forces Bill Committee, both of which, critically, discussed the treatment of women in the armed forces, I know there is grave concern that, when there is any type of investigation—especially if it is credible—the justice system does not view it properly.

    I therefore seek reassurances from the Minister that the right hon. Lord Justice Haddon-Cave recognises the complexity of the case and understands the lived experience not only of those making the accusations, but—the Minister is probably right about this—those in the armed forces as well. Lord Justice Haddon-Cave must understand the overall complexity of the issues being investigated and take on board the entirety of them in any conclusions, because previous investigations—notably around the treatment of women in the armed forces—give me grave cause for concern.

    I also want to put on record my commitment and that of my party to members of the armed forces, who play their role and put their lives on the line daily. On a personal note, I recognised that when my brother served two tours of duty in Afghanistan and one in Iraq. He and his comrades in arms put their best foot forward and did the duty they were asked to, but even they recognise that, sometimes, people make mistakes. If mistakes have been made, they need to be properly investigated, and the full weight of the law needs to be brought to bear.

    Dr Murrison

    I am grateful to the hon. Gentleman, and I pay tribute to his brother for his service. Justice Haddon-Cave is no ordinary judge; he is one of the most senior members of our judiciary, and he has been selected by the Lord Chief Justice for this task because of that. It therefore follows that he is perfectly capable of appreciating the complexity of this issue. I hope that that gives the hon. Gentleman the reassurance he seeks.

    As for the further conduct of the inquiry, that will now be a matter for Lord Justice Haddon-Cave; it certainly will not be a matter for me. I underscore that this is an independent inquiry, and it would be entirely improper for me, from this point, to comment further on its conduct. As I understand it, Lord Justice Haddon-Cave intends to issue a statement of his own shortly.

  • John Healey – 2022 Speech on Independent Inquiry into Afghanistan

    John Healey – 2022 Speech on Independent Inquiry into Afghanistan

    The speech made by John Healey, the Shadow Defence Minister, in the House of Commons on 15 December 2022.

    I thank the Minister for advance sight of his statement and the terms of reference for Lord Justice Haddon-Cave. We welcome the special inquiry, the Minister’s confirmation that its work will start early in 2023 and his commitment to provide full legal and pastoral support. We recognise the bravery of all those who served in Afghanistan and the dangers we asked them to face—none more than our special forces, who carry out the most extraordinary missions with extreme risks to defend us and our allies.

    Our British armed forces have a proud tradition of upholding the highest standards of military ethics, professionalism and international law. That is fundamental to a disciplined military force and to Britain’s standing and moral authority as one of the world’s leading democracies, so allegations of unlawful killings and cover-ups could not be more serious. This inquiry is essential to protect the reputation of our British special forces, to guarantee the integrity of military investigations, and to secure justice for those affected. The question is: will it do the job? Is it set up to succeed? Is the MOD—military, civilian and political—fully committed to making it succeed? Too often, it responds with denial and delay.

    Over the last five years, Defence Secretaries have had three reports with more than 148 recommendations on how to fix failings in military investigations, yet one essential recommendation—the Defence serious crime unit—was launched only last week. When confronted with the BBC “Panorama” reports about these allegations in July, the MOD immediately dismissed them as “irresponsible, incorrect” and jumping to “unjustified conclusions”. When pushed by all parties, as well as senior ex-military figures, journalists and the judiciary, the Defence Secretary signalled this independent inquiry two weeks later.

    On the terms of reference, can the Minister confirm that the inquiry will investigate to substantiate any allegations, not just investigate how the allegations were handled? Will the inquiry cover the full chain of command—military, civil service and ministerial? How can the inquiry’s independence be assured when it is housed within the MOD? On the declaration that the Secretary of State expects maximum co-operation from MOD personnel, will the head of the Army issue a similar statement or command to forces personnel?

    The Minister knows but does not mention that similar allegations were made from the same period against Australian special forces in Afghanistan. They were investigated thoroughly via a special inquiry commissioned not by Ministers, but by the head of the Australian army, because getting to the truth should matter most to military leaders. Has the Minister or any other Defence Minister met Justice Brereton to understand his inquiry? If not, why not? If so, why are key features of his successful inquiry missing from this one?

    In the Brereton inquiry, the judge had senior military not just judicial experience; he had legal immunities to get beyond the culture of silence; and he had legal powers to require documents and summon witnesses. If Judge Haddon-Cave considers that changes to his powers or terms of reference are required during the inquiry, will Ministers agree? This inquiry must succeed and we in the Opposition will do all we can to ensure that it does.

    Dr Murrison

    I am extremely grateful to the right hon. Gentleman for his comments. It is important to say that the inquiry is set up under the Inquiries Act 2005, which means that it will be a statutory inquiry under the control of Lord Justice Haddon-Cave. He will summon whichever witnesses he thinks fit and potentially compel them to give evidence under oath, as required by legislation.

    The right hon. Gentleman asks whether the inquiry will involve the full chain of command, the answer to which is yes. He also asks whether the inquiry being housed in the Ministry of Defence is an issue, to which I would say no. Lord Justice Haddon-Cave requested that his team be based in the MOD so that he can have full access to IT systems, some of which are at a high level of classification. However, it is important that only he has access to the accommodation that has been set aside for this purpose, to maintain the appearance and actuality of complete independence from the MOD, about which I can give the right hon. Gentleman full assurances.

    The right hon. Gentleman asked about Australia. The Australian investigations made it clear that there are no British persons of interest as a result of that inquiry. It is also important to say clearly that allegations made to a television production company are not the same as allegations made in court or, indeed, to a statutory inquiry. In the light of the “Panorama” report to which the right hon. Gentleman referred, service police, as I understand it, have contacted the BBC to ask for evidence. I am not aware of any new evidence having been provided beyond that which has already been investigated.

    It is important to underscore the fact that Lord Justice Haddon-Cave has been selected by the Lord Chief Justice because he is the most senior of judicial figures. With that, of course, comes the full knowledge and understanding that he is acting independently. I have no doubt that he will go wherever the evidence takes him, and that is the reason that such a senior figure has been appointed to this extremely important task.

  • Andrew Murrison – 2022 Statement on Independent Inquiry into Afghanistan

    Andrew Murrison – 2022 Statement on Independent Inquiry into Afghanistan

    The statement made by Andrew Murrison, the Minister for Defence People, Veterans and Service Families, in the House of Commons on 15 December 2022.

    I will make a statement on an independent inquiry related to Afghanistan. My right hon. Friend the Secretary of State for Defence has commissioned an independent statutory inquiry under the Inquiries Act 2005 to investigate and report on alleged unlawful activity by British armed forces during deliberate detention operations in Afghanistan in the period from mid-2010 to mid-2013, and the adequacy of subsequent investigations into such allegations.

    The decision has been informed by two ongoing judicial review cases known as Saifullah and Noorzai. The claimants in those cases assert that relevant allegations of unlawful activity were not properly investigated. The underlying events have been the subject of comprehensive service police criminal investigations, but the Ministry of Defence accepts that Operation Northmoor should have started earlier and that there may be further lessons to learn from the incidents, despite there being insufficient evidence for any prosecutions.

    My right hon. Friend has asked the right hon. Lord Justice Haddon-Cave to chair the inquiry, and Lord Justice Haddon-Cave has stepped down from his role as senior presiding judge for England and Wales to focus on this task. He has valuable experience: he chaired the Nimrod review into the loss of RAF Nimrod MR2 aircraft XV230 in Afghanistan in 2006 and served as the judge in charge of the terrorism list between 2017 and 2018.

    A copy of the terms of reference for this inquiry will be placed in the Library of the House. The inquiry will start work in earnest in early 2023 and will be fully resourced and supported so that it can carry out its work and report expeditiously. The Saifullah and Noorzai claimants have been consulted on the terms of reference but I will not comment further on ongoing court proceedings.

    The UK’s armed forces rightly hold themselves to the highest possible operational standards. Operations must be conducted within the clear boundaries of the law and credible allegations against our forces must always be investigated thoroughly. The service justice system is capable of investigating and prosecuting all criminal offences on operations overseas and here in the UK. Defence has worked hard over recent years to ensure that the processes in place to maintain justice in the armed forces are effective, and that allegations of criminal wrongdoing arising from any future operations are raised and investigated appropriately.

    It was a manifesto commitment of the Government to tackle the vexatious legal claims that have targeted our armed forces over recent years, but the Overseas Operations (Service Personnel and Veterans) Act 2021 was always designed to permit the investigation and follow-up of any serious allegations irrespective of time passed. We will of course ensure that all service personnel, veterans, and current and former civil servants who are asked to engage with the inquiry are given full legal and pastoral support.

    I hope that the whole House shares my pride in our armed forces. They are renowned throughout the world for their courage, integrity and professionalism. We are profoundly grateful for their service today, as we were while they were deployed at our behest in Afghanistan.

  • Tim Loughton – 2022 Speech on the Chinese Consul General and Attack on Protesters in Manchester

    Tim Loughton – 2022 Speech on the Chinese Consul General and Attack on Protesters in Manchester

    The speech made by Tim Loughton, the Conservative MP for East Worthing and Shoreham, in the House of Commons on 15 December 2022.

    I concur with everything the Chair of the Foreign Affairs Committee, the hon. Member for Rutland and Melton (Alicia Kearns), said. There was clear video evidence of outrageous violence by Chinese nationals, and the consul general admitted it. It is clear that the Government should have expelled the diplomats without having to wait for a police investigation. Any other person in this country guilty of such crimes would have been arrested at that stage. It is a clear admission of guilt that they have now scuttled off into the night back to China. At the very least, the Government must now retrospectively say that they are personae non gratae.

    Will the Minister invite the Chinese ambassador, without coffee and biscuits, for a serious lesson on what freedom of expression actually means in this country? Will he say that when China eventually builds its new embassy it will allow free and peaceful demonstration outside, because that is what we do in this country, and that we will not tolerate intimidation of the many Hong Kong British overseas nationals coming to this country who are still at risk of the tentacles of the Chinese Communist Government using these sorts of bully boy tactics?

    Anne-Marie Trevelyan

    I note the very colourful description in my hon. Friend’s request. I am pleased to update him with the fact that, in my new post, I have been able to meet the Chinese ambassador. Just last week, I went to pay my condolences on the death of President Zemin. I was able to sit and have a short conversation with the ambassador, during which I raised these issues, which at the time were ongoing. We will continue to meet, and I note the request for less of a welcome than perhaps one might otherwise give. It is really important to maintain those conversations and, as my hon. Friend says, ensure that every embassy accredited to the UK understands our values and our rights. All those who wish to demonstrate peacefully to raise concerns on any matter should be free to do so. We will continue to stand up to ensure that everyone across the UK understands that, and we will continue to support our police to allow that to happen.

  • Catherine West – 2022 Speech on the Chinese Consul General and Attack on Protesters in Manchester

    Catherine West – 2022 Speech on the Chinese Consul General and Attack on Protesters in Manchester

    The speech made by Catherine West, the Labour MP for Hornsey and Wood Green, in the House of Commons on 15 December 2022.

    I thank the chair of the Select Committee, the hon. Member for Rutland and Melton (Alicia Kearns), for the urgent question, and for her tireless work on this issue to date. We have heard of government by press release, but I think we now have government by urgent question. This is the third urgent question with the third Minister and the third slightly different version of events, and the impression is of dither and delay.

    Of course Labour Members believe that the right of free expression, including the right to protest and to speak one’s mind, is essential to our democratic way of life, and we thank Greater Manchester police for their intense efforts in this regard. However, I have three brief questions to ask the Minister. First, will the officials removed by the Chinese Government be declared personae non gratae, to send a clear message about our dissatisfaction with their unwillingness to engage with the investigation? Secondly, has there has been concerted engagement with international partners about the episode to prevent similar occurrences in New York, Canberra, Amsterdam or Ottawa? Finally, will there be fresh and concerted cross-Whitehall engagement to ensure that pro-democracy activists and Hongkongers are given the protection that they deserve here in the UK? Members of this House have spoken with one voice and I should like to hear a robust response from the Government.

    Anne-Marie Trevelyan

    As the Foreign Secretary said yesterday, the Vienna convention on consular relations allows states to withdraw members of a consular post at any point, and we were clear that we were asking the Chinese either to waive immunity or to do that. They have chosen that route. That is how the framework is set out. We are disappointed that these individuals will therefore not be interviewed, but it is absolutely right that those responsible will shortly be getting on to a plane and leaving the UK.

    As the hon. Lady will know, issues across posts are discussed regularly and forcefully, and the Foreign Secretary has ensured that all our embassies are fully up to date on his very clear directions. As I have said, I know all of us in the House agree that we value that freedom of expression—that freedom to protest peacefully—and, indeed, ask others around the world to demonstrate it as well. We will continue to ensure that our police forces are able to do what they need to do, independent of Government direction. This is a framework of which we are all extremely proud, and often, wherever we are in the world, other countries note and are impressed by our ability to maintain it. We will continue to protect the rights of all who wish to demonstrate and share their views peacefully to do so.

  • Alicia Kearns – 2022 Speech on the Chinese Consul General and Attack on Protesters in Manchester

    Alicia Kearns – 2022 Speech on the Chinese Consul General and Attack on Protesters in Manchester

    The speech made by Alicia Kearns, the Conservative MP for Rutland and Melton, in the House of Commons on 15 December 2022.

    Thank you for granting the urgent question, Mr Speaker, and let me put on record how disappointed I am that the Government felt that a written ministerial statement was sufficient to update the House on this issue.

    The consul general and five others brutalised a refugee on British soil, and rather than being expelled or prosecuted, they have been allowed to slip off—to flee like cowards—which makes their guilt even more evident. By giving them a week’s notice, which goes far beyond the Vienna convention on consular relations, we have essentially denied Bob Chan any sense of justice. I am afraid that, at this point, the Government are being opaque, and I cannot identify any meaningful action that they have taken beyond giving the diplomats notice to flee the country, and essentially allowing the Chinese Communist party to claim now that it was simply the end of their term in Britain: they were not removed, they were not expelled, it was just time for him to leave our country.

    I am not asking the Government to be tough for toughness’ sake. Justice is needed to deter future action and to ensure that we stand by the refugees who come to this country for safety. I ask the Minister please to reassure refugees in our country that we will not stand for transnational repression, and that we will take action by declaring those individuals who have fled personae non gratae so that they can never return to British soil again and potentially brutalise people or undermine the values that we have in this country.

    Anne-Marie Trevelyan

    As I said in my statement and as was said in our conversations with the Chinese embassy, in London and indeed at post—our ambassador’s conversations with the Chinese Government in Beijing—we made it very clear that the Chinese diplomats’ behaviour was completely unacceptable, but because, as I have said, we believe in the operational independence of the police, we asked for Greater Manchester police to be allowed to investigate the matter, and asked for the Chinese to co-operate fully with the police investigation. The diplomatic frameworks that exist for that very purpose were observed, and we are content with the outcome that the Chinese direction from Beijing was to bring its people home and remove them from being accredited members of the UK diplomatic corps.