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Iraq: Service Personnel Prosecutions

My right honourable friend the Minister of State for the Armed Forces (Adam Ingram) has made the following Written Ministerial Statement. On 7 November, my colleague Lord Drayson, the Parliamentary Under-Secretary of State and Minister for Defence Procurement told the other place that he would report on the lessons learnt following the ““not guilty”” verdict in the case of seven members and former members of the 3rd Battalion The Parachute Regiment who were charged with murder and violent disorder. It is worth reminding the House of the very difficult, demanding and hostile operational circumstances faced by the investigators of the Royal Military Police in Iraq in May 2003. It was in the immediate aftermath of the war fighting phase where there was an almost complete absence of civil governance, law and order and where there was widespread looting and civil disobedience. There were more than 2,750,000 people   in Basra and Maysan Provinces who were very    different in culture, language and religious background and the majority were also highly suspicious and often hostile. The RMP were required to support the deployed force, act as the local police for the Iraqi population and commence the huge undertaking of rebuilding the Iraqi police and prison services. The operational environment and situation facing the RMP cannot be equated to that faced by a civilian police force in the UK. In the first eight months of 2003 nine members of the RMP were killed on active service in Iraq. Against that backdrop, the Adjutant General has conducted a comprehensive review of the case and the comments of the Judge Advocate General. He has concluded that many of the issues identified have already been addressed and action taken, but there remains room for improvement. The Adjutant General has identified: the need for a review of RMP resources to meet operational demands now and in the future; better and continuous liaison between RMP investigators and the Army Prosecuting Authority; and the need to drive down delays in the system in order to ensure the timely delivery of justice. These will also be taken forward, and further improvements will be delivered through the Armed Forces Bill. In the mean time, we continue to have full confidence in the professional ability of the Royal Military Police to conduct investigations of this complexity, seriousness, and in the context of a potentially hostile environment. The Adjutant General has also confirmed that all seven defendants—both serving and former soldiers—were afforded very comprehensive support. Each had a unit defending officer who could be contacted at any time, legal aid (including leading and junior counsel) and time off for those still serving to prepare for their court martial. Personal issues and career consequences are always assessed fairly and kept under continuous review in such cases. The assertion by one of the defendants that he had been ““hung out to dry”” is unfounded. On the questions raised about the payments made to Iraqi witnesses, this was done by the Military Court Service. The procedures and the level of expenses paid were in line with the standard practices applied in the civil process in the UK. Overall it is anticipated that the total cost of the trial will be around £4 million although final legal bills have to be submitted.