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.
