Commons Sense

House of Commons · Ministerial Statement

Afghanistan: Independent Inquiry

15 December 2022 · 14 other contributors

Opened by Andrew Murrison Con South West Wiltshire

Justice & CourtsDefence

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Andrew Murrison raised concerns about afghanistan: independent inquiry in the House of Commons. A government minister responded. Other MPs also contributed.

Key points

  • The Minister, Andrew Murrison, announced the commissioning of an independent statutory inquiry under the Inquiries Act 2005 to investigate alleged unlawful activity by British armed forces in Afghanistan from mid-2010 to mid-2013.
  • The inquiry will examine the adequacy of previous investigations into these allegations.
  • Lord Justice Haddon-Cave will chair the inquiry, responding to judicial review cases known as Saifullah and Noorzai.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Government Statement

Andrew Murrison

The Minister, Andrew Murrison, announced the commissioning of an independent statutory inquiry under the Inquiries Act 2005 to investigate alleged unlawful activity by British armed forces during deliberate detention operations in Afghanistan from mid-2010 to mid-2013. The inquiry will examine the adequacy of subsequent investigations into these allegations and is a response to judicial review cases known as Saifullah and Noorzai. Lord Justice Haddon-Cave, who has experience in chairing such reviews, will lead this inquiry, starting work earnestly in early 2023. A copy of the terms of reference for the inquiry will be placed in the House Library. The Minister assured full legal and pastoral support for those involved with the inquiry, emphasising the UK's commitment to upholding operational standards within clear legal boundaries.

Other contributors (14)
  • Chris Law SNP Edinburgh North and Leith

    Question

    MP Chris Law asked whether any of the recommendations made by previous inquiries into the adequacy of investigations had been implemented, particularly those pertaining to establishing a Defence Serious Crime Unit.

    Minister reply

    The Minister confirmed that efforts have been made to address past recommendations and acknowledged the recent establishment of the Defence Serious Crime Unit, highlighting ongoing work to ensure thorough investigation processes.

  • Nicholas Soames Con Mid Sussex

    Question

    MP Mr Nicholas Soames inquired about the timeline for the inquiry's completion, considering its extensive scope and importance.

    Minister reply

    The Minister emphasised that while no specific end date has been set, the aim is to expedite the process with full resourcing to ensure timely conclusions.

  • Gavin Newlands SNP Paisley and Renfrewshire North

    Question

    MP Gavin Newlands raised concerns about protecting those who come forward with allegations from potential retaliation, asking for assurances.

    Minister reply

    The Minister responded by committing to providing robust protections and support mechanisms for individuals involved in the inquiry process.

  • John Spellar Lab Warley

    Question

    MP John Spellar questioned the extent of judicial immunities granted to the inquiry's chair, comparing it with Australian precedents.

    Minister reply

    The Minister acknowledged the importance of ensuring independence and robust investigative powers but did not provide specific details about additional immunities beyond standard protections under the Inquiries Act.

  • John Healey Lab Rawmarsh and Conisbrough

    Question

    The MP welcomed the inquiry but questioned its independence when housed within MOD, asked if Lord Justice Haddon-Cave would investigate substantiation of allegations rather than just handling them, raised concerns about full chain of command involvement, and inquired about similar inquiries in Australia.

    Minister reply

    The Minister confirmed that the inquiry will cover the full chain of command and stressed the independence of Lord Justice Haddon-Cave due to his senior judicial status. He also stated that the MOD requested the team be based within it for access to IT systems but only Lord Justice Haddon-Cave has access to specific accommodation.

  • Bob Blackman Con Harrow East

    Question

    The MP asked how the inquiry would relate to the overseas operations Act and what measures will be taken forward.

    Minister reply

    The Minister explained that the Act was designed to prevent vexatious claims but does not prevent serious allegations from being investigated. He reiterated that credible and serious allegations, regardless of timeline, will still require investigation.

  • Martin Docherty SNP West Dunbartonshire

    Question

    The MP expressed concern about the complexity of the case and the lived experiences of those involved, asking for reassurances on Lord Justice Haddon-Cave's understanding.

    Minister reply

    The Minister assured that Lord Justice Haddon-Cave is a senior judge capable of appreciating the complexity. He emphasised that the inquiry will be independent from this point onwards.

  • Edward Leigh Con Gainsborough

    Question

    Asks about the inquiry's approach to veterans and how it will ensure a careful investigation without damaging morale, noting that the Taliban Government will not have an inquiry of their own.

    Minister reply

    Acknowledges the point and states that the focus is on systemic factors rather than individuals. Ensures compliance with treaty obligations under articles 2 and 3 of the European Convention on Human Rights.

  • Dan Jarvis Lab Barnsley North

    Question

    Declares his service in special forces and supports thorough investigation while questioning whether an additional oversight mechanism by the Intelligence and Security Committee would be appropriate.

    Minister reply

    Acknowledges the suggestion but is not currently minded to implement it due to the existing constraints under which the armed forces operate.

  • Tonia Antoniazzi Lab Gower

    Question

    Asks about welfare support for those affected by the inquiry, referencing Australian inquiries and their level of support.

    Minister reply

    Confirms that legal and pastoral support will be provided to anyone asked to appear before Lord Justice Haddon-Cave.

  • Navendu Mishra Lab Stockport

    Question

    Inquires if any current or former members of the armed forces have been disciplined in relation to a specific raid reported by BBC.

    Minister reply

    Refers the matter to Lord Justice Haddon-Cave for full investigation.

  • Kevin Brennan

    Question

    Reflects on his family's experience with British auxiliaries and emphasises the importance of leadership in maintaining the armed forces' reputation.

    Minister reply

    Agrees that clear cooperation from leadership is key to ensuring truth and learning lessons.

  • Jim Shannon DUP Strangford

    Question

    Questions about support for personnel under investigation, referencing similar issues in Northern Ireland, and reiterates the principle of innocence until proven guilty.

    Minister reply

    Confirms that structures like the Army operational legacy branch will provide pastoral care and commits to providing legal and pastoral support as needed.

Shadow Comment

John Healey

The Shadow Secretary of State, John Healey, welcomed the independent inquiry but questioned whether it was set up to succeed. He highlighted previous reports with over 148 recommendations on improving military investigations that were not fully implemented until recently. Healey inquired about the scope and independence of the inquiry, suggesting comparisons with similar inquiries in Australia where more robust measures had been taken. He urged for clear commitments from MOD personnel and questioned the Minister's knowledge regarding the Brereton Inquiry in Australia.

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