Afghanistan: British Special Forces — House of Lords, 2022-07-14
Topic: Defense
Annabel Goldie (Conservative, Centre-right): My Lords, with the leave of the House, I shall repeat the Answer to the Urgent Question provided by my honourable friend Mr James Heappey, Minister for Armed Forces, in the other place earlier today. The response is as follows: "Mr Speaker, on 12 July, the BBC broadcast an episode of ‘Panorama’ claiming evidence of criminality allegedly committed by Special Forces in Afghanistan. The Ministry of Defence is currently defending two judicial reviews relating to allegations of unlawful killings during operations in Afghanistan in 2011 and 2012. While I accept that in order to allow today’s Urgent Question you have waived the convention not to discuss matters that are sub judice, advice from MoD lawyers is that any discussion of specific details would be prejudicial to the ongoing litigation and that I am afraid I simply cannot enter into detail about specific allegations made on specific operations relating to specific people We recognise very much the severity of these allegations and where there is reason to believe that personnel may have fallen short of expectations, it is absolutely right that they be held to account. Nobody in our organisation, however special, is above the law and the service police have already carried out extensive investigations into allegations about the conduct of UK Forces in Afghanistan, including allegations of ill-treatment and unlawful killing No charges were brought under Operation Northmoor, which investigated historical allegations relating to instances in Afghanistan between 2005 and 2013. The service police concluded there was insufficient evidence to bring cases to the independent Service Prosecuting Authority. I should stress that both these organisations have full authority and independence to take investigative decisions outside of the MoD’s chain of command A separate allegation from October 2012 was investigated by the Royal Military Police under Operation Cestro, which resulted in the referral of three soldiers to the Service Prosecuting Authority. In 2014, after careful consideration, the Director of Service Prosecutions took the decision not to prosecute any of the three soldiers referred It is my understanding that all of the allegedly criminal events referred to in the ‘Panorama’ programme have already been fully investigated by the service police. However, we remain fully committed to any further reviews or investigations, where any new evidence or reason to do so is presented A decision to investigate allegations of criminality is for the service police. They provide an independent and impartial investigative capability, free from improper interference. Earlier this week, the Royal Military Police wrote to the production team of ‘Panorama’ to request any new evidence be provided to it. I am placing a copy of the RMP’s letter in the Library of the House. I understand that the BBC has responded to question the legal basis on which the RMP is requesting that new evidence, which makes little sense to me. But the RMP and the BBC are in discussions As I have said, if there is any new evidence presented to the Royal Military Police, it will be investigated. I am aware that the programme alleges the involvement of units for which it is MoD policy to neither confirm nor deny their involvement in any operational event. As such, I must refer in generalities to the Armed Forces in response to the questions I know colleagues will want to ask. I cannot refer to any specific service personnel who may or may not have served in these units. We should continue to recognise the overwhelming majority of our Armed Forces serve with courage and professionalism. We hold them to the highest standards. They are our nation’s bravest and best and allegations like this tarnish the reputation of an organisation. We all want to see allegations like these investigated so that the fine reputation of the British Armed Forces can be untarnished and remain as high as it should be."