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Fatal Shootings (Iraq)

I join the hon. Gentleman in paying tribute to our armed forces. We ask a lot of them in very difficult circumstances, particularly in Iraq; throughout their period there, they have done Britain proud. As I have said, there are very few cases where an investigation has been necessary because our forces’ behaviour has been outstanding. However, it is right that these investigations take place expeditiously. On the delays about which the hon. Gentleman asked, we believe that the new procedures will speed up the process. The Judge Advocate-General has instituted new court procedures, which are already paying dividends by ensuring that courts martial are heard more quickly. Moreover, as a result of this and other cases, the SIB has improved its procedures. I hope that the HMIC report, which we should receive in due course, will provide the advice that the SIB needs to enable it further to improve its carrying out of such investigations. The hon. Gentleman asked whether the same tests are applied in considering whether to prosecute, and the answer is yes. In this case, there was no realistic prospect of a conviction, so in a sense the public interest test did not need to be applied. The evidence did not substantiate initiating proceedings. On the link between Army and civilian courts, this Parliament has created circumstances in which it is appropriate for cases to be transferred from one jurisdiction to another. We firmly believe that the military courts system is very good. It has delivered justice very fairly across a range of issues, and we continue to have substantial faith in it. The hon. Gentleman asked about the duties of the Ministry of Defence, which is of course obliged to ensure that it provides soldiers serving in Iraq and elsewhere with proper equipment. The question of kevlar plates and the wearing of the appropriate protective jacket played no part in the legal decisions. Although the pathologist’s evidence is not conclusive, it does suggest that, because Sergeant Roberts was shot in the torso, a protective jacket might have made a difference and might have saved his life. My colleagues in the MOD are taking account of that issue. I should point out that the MOD is not a body corporate, of course, and has Crown immunity in relation to such matters. That, in a sense, deals with the hon. Gentleman’s point about legal duties. I repeat that I join the hon. Gentleman in paying tribute to our armed forces.