David Davis

Every nation rightly celebrates the heroism of its soldiers, but in the United Kingdom’s case, we also celebrate their skill in avoiding innocent deaths when dealing with the enemies of our nation and our democracy. When nations neutralise terrorists, they typically use a bomb or a missile, but bombs and missiles also kill innocent bystanders in the house, in the wedding party or in the bus, so Britain, as the Minister knows better than anybody else, often uses special forces in those circumstances. Richard Williams, the former commanding officer of the 22nd Special Air Service Regiment during our operations in Iraq, said that “the SAS soldiers took extreme risks, facing violent and well-prepared opposition to capture these terrorists and hand them on to Iraqi justice and detention. It was a deliberate and careful approach…It required precision, intelligence, self-control, skill…in the face of immense danger—the very opposite of the hot-blooded, murderous drama depicted by poorly informed outsiders. At the start of 2005, approximately 100 vehicle-borne suicide bombs were being detonated every month in Baghdad by AQ-I”— al-Qaeda in Iraq— “and thousands of Shia Muslims were being slaughtered by assassination gangs. But by the end of 2007, after the combined US and SAS effort…The number of suicide bombs had dropped to a single detonation per month”— saving lives— “and the Sunni population of central Iraq was supporting the coalition efforts in eradicating AQ-I from their midst. It was a remarkable outcome justifiably celebrated by military and political leaders”, and it was all down to our soldiers. However, those special forces and that capacity to protect innocent lives are at risk. As my right hon. Friend the Member for South West Wiltshire (Dr Murrison) said earlier, only today we have seen nine retired four-star generals warning in The Times of the damaging effects of lawfare. I will quote some of their words extensively and put them on the parliamentary record. They said: “Having held the honour of leading the United Kingdom’s armed forces…we feel bound to warn that the government’s Northern Ireland Troubles Bill, and the legal activism surrounding it, risk weakening the moral foundations and operational effectiveness of the forces on which this nation depends. Presented as a route to justice and closure, the bill achieves neither. It will not bring terrorists to account; it will not heal division in Northern Ireland; and it undermines the confidence of those who volunteer to serve this country at its request and under its authority. This lawfare is a direct threat to national security. Contrary to recent ministerial assurances, highly trained members of special forces are already leaving the service. These are the men and women who quietly neutralise threats and protect lives every week. Their loss is significant; it is a direct consequence of legal uncertainty and the erosion of trust. This is a corrosive form of ‘lawfare’…which now extends far beyond Northern Ireland. Today every deployed member of the British Armed Forces must consider not only the enemy in front but the lawyer behind. The fear that lawful actions may later be judged unlawful will paralyse decision-making, distort rules of engagement and deter initiative.”