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Armed Forces: Legal Claims

Volume 618: debated on Monday 12 December 2016

2. What progress his Department has made on protecting the armed forces from persistent legal claims. (907772)

We have made significant progress in recent months: we announced our intention to derogate from the relevant articles of the European convention on human rights in future conflicts where appropriate, and I have launched a consultation on enhanced compensation for soldiers injured or killed in combat, so that members of the armed forces and their families do not have to spend years waiting to pursue claims against the Ministry of Defence. We hope to announce further measures shortly.

I thank my right hon. Friend for that answer. My constituent 87-year-old Arnold Hustwick, himself a former soldier, will also welcome that news, because he has expressed his outrage about some of these claims. Does my right hon. Friend agree that if it was not for the MOD submitting evidence of malpractice by Mr Phil Shiner, of Public Interest Lawyers, and the Ministry of Justice cancelling Mr Shiner’s legal aid contract, this man would still be hounding our soldiers?

I was at the Ministry of Justice when we revoked the legal aid, and if it was not for this Secretary of State and my former colleague sending submissions to the Solicitors Regulation Authority, Mr Shiner would probably still be pursuing our soldiers and servicemen. Mr Shiner should probably do exactly what the Secretary of State called for him to do in December 2014 and apologise to our former servicemen.

As someone who has served with distinction in Northern Ireland, the Minister of State must be disgusted by the industrial-scale abuse of the legal process against former soldiers, which has impugned the reputation of every single soldier who has served in Ulster over the last 40 years. Will he and his Department undertake to be a bulwark against that abuse and against that witch hunt, and will he stand up and make sure that it is stopped forthwith?

I had the honour of serving in the Province and—I hope—I was part of the peace process. The vast majority of our servicemen and women served with distinction in Northern Ireland. The MOD and I will continue to support the police force in Northern Ireland with its ongoing inquiries. That is what was said on the radio at the weekend: these are not new investigations; they are ongoing investigations. I pay tribute to the hon. Gentleman for the work that he has done in the past, and I wish him a happy 50th birthday today.

I had thought that the hon. Member for Charnwood (Edward Argar) was stirring in his seat. If he were standing, I would call him, but if he is not, I will not. He is not, so I will not.

I am most grateful to my hon. Friend the Member for Charnwood (Edward Argar) for not standing.

In the last few years, some 3,500 soldiers have had their lives wrecked by the investigations of the Iraq Historic Allegations Team. That has been at a cost of some £90 million to Her Majesty’s Treasury, and I think one single prosecution has resulted from it. Surely, now that we have seen the back of Mr Shiner, it is time for the Government to bring to an end the dreadful IHAT organisation.

The Secretary of State and I are doing everything we can to get IHAT to come to its conclusions and decide what it is going to do. The vast majority of those investigations will be concluded, and we hope and expect that in the vast majority of cases, IHAT will feel that there is no action to be taken. We must make sure that the investigations take place correctly so that they do not end up in some European court somewhere.

It is not just a question of the IHAT inquiry and the disgraceful behaviour of the disreputable solicitor Phil Shiner; we are now faced with the prospect of hundreds of British soldiers who served in Northern Ireland again being brought before the court, as the hon. Member for North Antrim (Ian Paisley) has just said. It is wholly unacceptable that nearly half a century on, men who have served their country to the best of their ability should face possible prosecution. Does my right hon. Friend accept that it is not good enough to say that this is a matter for the Police Service of Northern Ireland? This is a matter of public policy, for which Ministers must personally be accountable.

We must make sure that if the police decide—I repeat that this is for the police to decide—that they need to investigate something, they can do so. As we bring forward proposals, we will help the police, but we will also ensure that we protect as much as possible those who have served their country—alongside me and other colleagues—throughout the years.